Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Cuba (Ratification: 1996)

Articles 2, 3 and 7 of the Convention. Application of the national policy for the vocational rehabilitation and employment of persons with disabilities. Access to the open labour market. The Committee notes the Government’s indication that, in 2020, a policy was approved in order to improve the care and services provided to persons with disabilities. The Government also indicates that, thanks to technical and vocational training opportunities provided by the free, universal, general education system, between 2016 and 2020, 5,650 persons with disabilities accessed employment, 28 per cent of whom were women. The Government also indicates that the National Council for the Assistance of Persons with Disabilities (CONAPED) provides training for persons with disabilities, in skills required for various occupations. The Committee also notes the Government’s indication that, with a view to ensuring Jobs for persons with disabilities, 142 special workshops are available, in which 2,143 persons work, 1,828 of whom have a disability (24 per cent belong to the National Association for the Blind (ANCI), 29 per cent belong to the National Association for the Deaf (ANSOC), and 29 per cent are members of the Cuban Association for Persons with Physical or Motor Disabilities (ACLIFIM), and 11 per cent have a mental disability). The Government indicates that the work in the special workshops is intended to be transitional employment in which persons with disabilities receive wages. The Government adds that the objectives of the workshops include the development of labour and social skills, and preparation for their integration into other forms of employment. The Committee notes, however, that, in its concluding observations of 10 May 2019, the Committee on the Rights of Persons with Disabilities (CRPD), expressed concern regarding the under-representation of women with disabilities in the workforce, and the absence of adequate and enforceable measures to ensure compliance in the public and private sectors regarding the employment of persons with disabilities. The CRPD was also concerned that sheltered workshops for persons with disabilities might not necessarily foster their inclusion in the regular workforce. The Committee requests the Government to provide detailed and updated information on the nature, scope and impact of the specific measures adopted to improve employment opportunities for persons with disabilities in the open labour market, in particular women with disabilities. In this regard, the Committee requests the Government to provide statistical information, disaggregated by sex, age, type of disability, and by region, as well as reports, studies and investigations relating to the matters covered by the Convention. The Committee also requests the Government to provide updated statistical information on the participation of persons with disabilities in the labour market, disaggregated by sex, level of education, and type of disability.

Article 4. Effective equality of opportunities and treatment. The Committee notes the Government’s reference to the promulgation of the Constitution of the Republic of Cuba of 10 April 2019, section 42 of which establishes that all persons are equal under the law, receive the same protection and treatment from the authorities, and enjoy the same rights, freedoms, and opportunities, without any discrimination on the basis of, inter alia, sex, gender, or disability. The Government indicates that violations of the principle of equality are punishable by law. Section 89 of the Constitution establishes that the State, society, and families have an obligation to protect, promote, and ensure the full exercise of the rights of persons with disabilities. It also establishes that the State creates the conditions required for the rehabilitation or improvement of the quality of life, personal autonomy, and social inclusion and participation of persons with disabilities. The Committee requests the Government to provide information on the effective application of the legislation on effective equality of opportunities and treatment between workers with disabilities and other workers. The Committee also requests the Government to provide copies of court decisions on cases of discrimination against persons with disabilities, including cases of discrimination on multiple grounds, such as sex or race, combined with the ground of disability.

Article 5. Consultation with the social partners and representative organizations of disabled persons. The Government indicates that Agreement No. 9040 of the Council of Ministers of 23 March 2021 established the National Committee for the follow-up and monitoring of the implementation of the provisions of the United Nations Convention on the Rights of Persons with Disabilities. The body is composed of representatives of various ministries, national institutions, and associations of persons with disabilities, and is coordinated by the Ministry of Labour and Social Security. The National Committee is responsible for monitoring, guiding, and coordinating the work of the agencies of the Central State Administration and entities that have the greatest impact on the care of persons with disabilities. The Committee observes, however, that the Government does not provide information on the holding of consultations with representatives of the social partners. The Committee requests the Government to provide detailed and updated information on the content and outcome of the consultations held with the social partners and organizations representing persons with disabilities in relation to the implementation of measures for vocational guidance and promotion of employment for persons with disabilities.