Zambia Country Profile: Promoting the Employability and Employment of People with Disabilities Through Effective Legislation (Southern Africa)

In recent years, many countries have adopted policies aiming to promote the rights of people with disabilities to full and equal participation in society. In Africa, some countries have made progress in introducing disability-related legislation, but many of these laws have not yet been implemented, and in others, existing national laws need to be reviewed in order to achieve equalization of opportunities for persons with disabilities. The country study for Zambia is part of an ILO project, “Promoting the employability and employment of people with disabilities through effective legislation”. The first phase of the programme (2001-2004) aimed at enhancing the capacity of national governments in selected countries of East Africa and Asia1 to implement effective legislation concerning the employment of people with disabilities. Phase 2 of the project (2004-2007) is extending coverage to several additional countries (Lesotho, Malawi, South Africa and Zambia in Africa and Viet Nam in Asia), with a broadened focus on provisions for vocational training and skills development. This country study outlines the main provisions of the laws and policies in place in Zambia concerning the employment and training of people with disabilities. An initial review of the implementation of the legislation is also provided. A concluding comment underlines the progress made in the country and points to areas that have been identified, by key stakeholders or in the literature, as in need of further improvement. It may be read in conjunction with the regional overview prepared for the Technical Consultation in 2002, “Employment of people with disabilities - The impact of legislation (East Africa),Technical Consultation Report, Addis Ababa, 20-22 May 2002”, ILO, 2002

Individual country profile: South Africa - Promoting the employability and employment of people with disabilities through effective legislation (Southern Africa)

In recent years, many countries have adopted policies aiming to promote the rights of people with disabilities to full and equal participation in society. In Africa, some countries have made progress in introducing disability-related legislation, but many of these laws have not yet been implemented, and in others, existing national laws need to be reviewed in order to achieve equalization of opportunities for persons with disabilities. The country study for Zambia is part of an ILO project, “Promoting the employability and employment of people with disabilities through effective legislation”. The first phase of the programme (2001-2004) aimed at enhancing the capacity of national governments in selected countries of East Africa and Asia1 to implement effective legislation concerning the employment of people with disabilities. Phase 2 of the project (2004-2007) is extending coverage to several additional countries (Lesotho, Malawi, South Africa and Zambia in Africa and Viet Nam in Asia), with a broadened focus on provisions for vocational training and skills development. This country study outlines the main provisions of the laws and policies in place in South Africa concerning the employment and training of people with disabilities. An initial review of the implementation of the legislation is also provided. A concluding comment underlines the progress made in the country and points to areas that have been identified, by key stakeholders or in the literature, as in need of further improvement. It may be read in conjunction with the regional overview prepared for this Consultation: Employment of people with disabilities: The impact of legislation (East Africa), Technical Consultation Report, Addis Ababa, 20-22 May 2002, ILO, 2002

Technical Consultation Report on employment of people with disabilities: A human rights approach (Asia), Bangkok, 18-20 Jan. 2006

The ILO technical consultation “Employment of People with Disabilities: A Human Rights Approach” was held from 18 to 20 January 2006 in Bangkok, Thailand, as part of an ILO project “Promoting the Employability and Employment of People with Disabilities through Effective Legislation.” This project, funded by the Government of Ireland through Irish Aid, is being implemented by the ILO in four countries of Asia - China, Mongolia, Viet Namand Thailand; and several countries of Africa -Ethiopia, Kenya, Lesotho, Malawi, South Africa, Tanzania, Uganda and Zambia. The project aims at enhancing the capacity of national governments in these countries to implement effective legislation concerning the employment and training of people with disabilities. The technical consultation brought together representatives of governments, employers, workers and disabled persons from the four participating countries, as well as observers from Pakistan, Sri Lanka and Thailand. The meeting, which marked the start of phase two of the project, examined the training and employment of persons with disabilities from a human rights perspective, drawing on ILO Conventions and other international human rights instruments, as well as exemplary legislation at national level. Key elements of a rights-based approach are contained in ILO Conventions concerning employment in general and persons with disabilities in particular. Of particular relevance are the Discrimination (Employment and Occupation) Convention,1958 (No. 111) and the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) that are based on the principles of equal opportunity, equal treatment and non-discrimination. Through a combination of formal presentations and working group sessions, participants had the opportunity to learn from other members of their own delegations, as well as those from other countries, and to become familiar with the main elements of rights-based disability laws and policies. The consultation was a contribution to the objectives and activities of the Asian and Pacific Decade of Disabled Persons from 2003 to 2012 and the Biwako Millennium Framework for Action towards an Inclusive, Barrier-free and Rights-based Society for Persons with Disabilities in Asia and the Pacific. In relation to legislation, the Biwako Millennium Framework for Action calls upon member States of Asia and the Pacific region to review and amend all legislation that impacts negatively on the lives of people with disabilities, topass and promulgate enabling disability-related legislation aiming to promote equal opportunity, and to amend bills of rights to include a non-discriminatory clause on the basis of disability. The Plan of Action also calls on member States to protect and promote the human rights of people with disabilities. Following the consultation, project support will be provided to participant countries, in the form of national-level technical guidance upon request, a training programme on disability-related laws and policies, and support to a media campaign to challenge negative images of disabled persons at work

People with disabilities: Pathways to decent work - Report of a tripartite workshop, Lusaka, Zambia, 9-10 May 2006

In recent decades, the exclusion of many people with disabilities from society has been recognized as a human rights issue, resulting from social barriers rather than the individual’s inability to participate. This transition from a social welfare perspective to a rights-based approach has brought about a focus on improving access to education and skills training, reflected in legislation all over the world.Regionally, the Declaration on Employment and Poverty in Africa1, 2004, commits African Union (AU) members to ensure equal opportunities for disabled persons by implementing the African Decade of Disabled Persons and, to that end, developing policies and national programmes that favour full participation of persons with disabilities and their families in social, political and economic development. The Plan of Action for the implementation of the commitments made in this Declaration prioritizes the targeting and empowering of vulnerable groups such as persons with disabilities, through education, skills training entrepreneurship, among other recommended actions.The move away from a social welfare or charity approach is reflected in ILO’s Convention concerning Vocational Rehabilitation and Employment of Disabled Persons (No. 159) of 1983, now ratified by 78 countries. Convention No. 159 requires States to develop a national policy concerning vocational rehabilitation and employment of persons with disabilities based on the principles of equality of opportunity and equal treatment, and to promote community involvement and mainstreaming where possible. Zambia ratified ILO Convention No. 159 in 1989 and has made progress in developing rights-based legislation concerning disabled persons with the adoption of the Person with Disabilities Act of 1996.In addition, impetus for a rights-based approach and full inclusion of disabled persons in society has gained momentum worldwide with the decision by the United Nations (UN) General Assembly to develop a Convention to Protect and Promote the Rights and Dignity of Persons with Disabilities, a process which is currently underway.2 Representatives of Zambia have also taken part in the negotiations of this Convention.Given the emerging trend towards a rights-based approach to disability issues in Zambia, and the support provided to this by the AU Declaration in the broader context of Africa, it is timely to examine legal provisions concerning the training and employment of disabled persons and their implementation, and to identify steps which may be needed to improve opportunities for disabled persons seeking to acquire marketable skills, find a decent job or set up a viable business. A workshop, ‘People with disabilities: Pathways to decent work’, held on 9-10May 2006 in Lusaka, Zambia, provided an opportunity to commence such areview. The workshop is linked to two ILO projects in Zambia. One of theseprojects, Promoting the employability and employment of people with disabilities through effective legislation, funded by the Government of Ireland, seeks to promote training and employment opportunities for disabled people by supporting selected national governments to enhance the effectiveness of existing laws and policies or to develop new laws reflecting a rights-based approach. The second project, Strategies for skills acquisition and work for persons withdisabilities in Southern Africa, funded by the Government of Flanders, aims toenhance skills acquisition by disabled persons by identifying effective strategies to provide vocational skills and real work opportunities to youth and adults with disabilities by governments, Non-Governmental Organizations (NGOs), Disabled Persons’ Organizations (DPOs) and Community-Based Rehabilitation (CBR) programmes. An exploratory survey on skills acquisition by people with disabilities commissioned by the ILO was conducted by Zambia Federation of the Disabled (ZAFOD) as part of this project. The survey findings were discussed during the workshop

People with disabilities: Pathways to decent work - Report of a tripartite workshop, Report of a tripartite workshop, Pretoria, South Africa, 19-21 Sep. 2006

In recent decades, the marginalization of many people with disabilities in society has been recognized as a human rights issue, resulting largely from barriers in the social and physical environment, rather than from the individual’s inability to participate. This transition from a social welfare perspective to a rights-based approach, that is, to focus on improving access to education and skills training, for example, is being reflected in legislation all over the world. Regionally, the Declaration on Employment and Poverty in Africa1, 2004commits African Union (AU) members to ensure equal opportunities for disabled persons by implementing the African Decade of Disabled Persons and, to that end, developing policies and national programmes that favour full participation of persons with disabilities and their families in social, political and economic development. The Plan of Action for the implementation of the commitments made in this Declaration prioritizes the targeting and empowering of vulnerable groups such as persons with disabilities, through education, skills training and entrepreneurship, among other recommended actions. The move away from a social welfare or charity approach is reflected in ILO’sConvention concerning Vocational Rehabilitation and Employment of DisabledPersons (No. 159) of 1983, now ratified by 78 countries. Convention No. 159requires member States to develop a national policy concerning vocationalrehabilitation and employment of persons with disabilities based on the principles of equality of opportunity and equal treatment, and to promote community involvement and mainstreaming where possible. South Africa has not ratified ILO Convention No. 159 in 1989, but has made progress in developing rights-based legislation concerning disabled persons with the adoption of the Persons with Disabilities Act of 1996. In addition, impetus for a rights-based approach and full inclusion of disabledpersons in society has gained momentum worldwide with the decision by theUnited Nations (UN) General Assembly to develop a Convention to Protect andPromote the Rights and Dignity of Persons with Disabilities. Representatives ofSouth Africa took part in the negotiations of the new UN Convention on theRights of Persons with Disabilities, which was formally adopted on 13 December 2006. Given the emerging trend towards a rights-based approach to disability issues in South Africa, and the support provided to this by the AU Declaration in thebroader context of Africa, it is timely to examine legal provisions concerning the training and employment of disabled persons and their implementation, and to identify steps which may be needed to improve opportunities for disabled persons seeking to acquire marketable skills, find a decent job or set up a viable business. A workshop, ‘People with disabilities: Pathways to decent work’, held 19–21 September 2006 in Pretoria, South Africa, provided an opportunity tocommence such a review. The workshop is linked to two ILO technicalcooperation projects in South Africa. One of these projects, Promoting theemployability and employment of people with disabilities through effectivelegislation, funded by the Government of Ireland, seeks to promote training and employment opportunities for disabled people by supporting selected national governments to enhance the effectiveness of existing laws and policies or to develop new laws reflecting a rights-based approach. The second project, Strategies for skills acquisition and work for persons withdisabilities in Southern Africa, funded by the Government of Flanders, aims toenhance skills acquisition by disabled persons by identifying effective strategies to provide vocational skills and real work opportunities to youth and adults with disabilities by governments, Non-Governmental Organizations (NGOs), Disabled Persons’ Organizations (DPOs) and Community-Based Rehabilitation (CBR) programmes. An exploratory survey on skills acquisition by people with disabilities commissioned by the ILO was conducted in South Africa by the Human Sciences Research Council (HSRC), Disabled People South Africa (DPSA) and the Thabo Mbeki Development Trust for Disabled People (TMDTPD), as part of this project. The findings of the survey were discussed during the workshop

People with disabilities: Pathways to decent work - Report of a tripartite workshop, Lilongwe, Malawi, 16-17 May 2006

In recent decades, the exclusion of many people with disabilities from society has been recognized as a human rights issue, resulting from social barriers rather than the individual’s inability to participate. This transition from a social welfare perspective to a rights-based approach has brought about a focus on improving access to education and skills training, reflected in legislation all over the world. The Declaration on Employment and Poverty in Africa1, 2004 commits AfricanUnion (AU) members to ensure equal opportunities for disabled persons byimplementing the African Decade of Disabled Persons and, to that end,developing policies and national programmes that favour full participation ofpersons with disabilities and their families in social, political and economicdevelopment. The Plan of Action for the implementation of the commitmentsmade in this Declaration prioritizes the targeting and empowering of vulnerable groups such as persons with disabilities, through education, skills training entrepreneurship, among other recommended actions. The move towards a human rights approach to disability issues and away from a social welfare or charity approach is also reflected in ILO’s Conventionconcerning Vocational Rehabilitation and Employment of Disabled Persons(No. 159) of 1983, now ratified by 78 countries. Convention No. 159 requiresStates to develop a national policy concerning vocational rehabilitation andemployment of persons with disabilities based on the principles of equality ofopportunity and equal treatment, and to promote community involvement andmainstreaming where possible. Malawi ratified ILO Convention No. 159 in 1986and is making progress in developing rights-based legislation concerning disabled persons by drafting (2004) a new Disability Bill to replace the Handicapped Persons Act of 1971. The trend towards a rights-based approach and full inclusion of disabled persons in society has gained momentum worldwide with the decision by the United Nations General Assembly to develop a Convention to Protect and Promote the Rights and Dignity of Persons with Disabilities, a process which is currently underway. Representatives of Malawi have also taken part in the negotiations of this Convention. Given the emerging trend towards a rights-based approach to disability issues in Malawi, and the support provided to this by the AU Declaration in the broader context of Africa, it is timely to examine legal provisions concerning the training and employment of disabled persons and their implementation, and to identify steps which may be needed to improve opportunities for disabled persons seeking to acquire marketable skills, find a decent job or set up a viable business. This workshop, ‘‘People with Disabilities: Pathways to Decent Work”, 16-17May 2006, provided the opportunity to commence such a review. The workshopwas linked to two ILO projects in Malawi. One of these projects, Promoting theEmployability and Employment of People with Disabilities through EffectiveLegislation, funded by the Government of Ireland, seeks to promote training and employment opportunities for disabled people by supporting selected national governments to enhance the effectiveness of existing laws and policies or to develop new laws reflecting a rights-based approach. As part of this project, a country profile has been prepared, describing the laws and policies in place in Malawi which set the framework for training and employment opportunities and examining available evidence on implementation measures and their impact. This country profile was one of the key background documents for the review to take place at the workshop. The second project, Strategies for Skills Acquisition and Work for Persons withDisabilities in Southern Africa, funded by the Government of Flanders, aims toenhance skills acquisition by disabled persons by identifying effective strategies to provide vocational skills and real work opportunities to youth and adults with disabilities by governments, Non-Governmental Organizations (NGOs), disabled persons’ organizations (DPOs) and Community-Based Rehabilitation (CBR) programmes. A national survey on skills acquisition by people with disabilities was conducted by the Malawi Federation of the Disabled (FEDOMA) and Platform for Disability and Development Cooperation (PHOS) as part of this project. A preliminary report on key issues in skills development for people with disabilities in Malawi, incorporating the main survey and case study findings, formed the second key document for the workshop

Sub-regional Meeting on Disability Legislation: Decent Work for Persons with Disabilities in Asia, UN Conference Centre, Bangkok, Thailand, 23-24 June 2008

The Sub-regional Meeting on Disability Legislation, jointly organized by the ILO and the Office of the High Commissioner for Human Rights (OHCHR), took place in the framework of a technical cooperation project, “Promoting the Employability and Employment of Persons with Disabilities through Effective Legislation (PEPDEL)”, funded by the Government of Ireland. The meeting aimed to provide participants with an appropriate platform for discussion regarding the main legal issues in the field of employment discrimination law relating to disability and to sensitize them to key concepts in disability discrimination law and specifically the CRPD. Participants examined good practices in implementing disability discrimination legislation, with a view to facilitating the implementation of the CRPD in the Asian region. The meeting also provided participants with an opportunity for networking withlegal and other experts in Asia and beyond

Zambia Country Profile: Promoting the Employability and Employment of People with Disabilities Through Effective Legislation (Southern Africa)

In recent years, many countries have adopted policies aiming to promote the rights of people with disabilities to full and equal participation in society. In Africa, some countries have made progress in introducing disability-related legislation, but many of these laws have not yet been implemented, and in others, existing national laws need to be reviewed in order to achieve equalization of opportunities for persons with disabilities. The country study for Zambia is part of an ILO project, “Promoting the employability and employment of people with disabilities through effective legislation”. The first phase of the programme (2001-2004) aimed at enhancing the capacity of national governments in selected countries of East Africa and Asia1 to implement effective legislation concerning the employment of people with disabilities. Phase 2 of the project (2004-2007) is extending coverage to several additional countries (Lesotho, Malawi, South Africa and Zambia in Africa and Viet Nam in Asia), with a broadened focus on provisions for vocational training and skills development. This country study outlines the main provisions of the laws and policies in place in Zambia concerning the employment and training of people with disabilities. An initial review of the implementation of the legislation is also provided. A concluding comment underlines the progress made in the country and points to areas that have been identified, by key stakeholders or in the literature, as in need of further improvement. It may be read in conjunction with the regional overview prepared for the Technical Consultation in 2002, “Employment of people with disabilities - The impact of legislation (East Africa),Technical Consultation Report, Addis Ababa, 20-22 May 2002”, ILO, 2002.New_10___Zambia_Country_Profile_110107.pdf: 1607 downloads, before Oct. 1, 2020

Technical Consultation Report on employment of people with disabilities: A human rights approach (Asia), Bangkok, 18-20 Jan. 2006

The ILO technical consultation “Employment of People with Disabilities: A Human Rights Approach” was held from 18 to 20 January 2006 in Bangkok, Thailand, as part of an ILO project “Promoting the Employability and Employment of People with Disabilities through Effective Legislation.” This project, funded by the Government of Ireland through Irish Aid, is being implemented by the ILO in four countries of Asia - China, Mongolia, Viet Namand Thailand; and several countries of Africa -Ethiopia, Kenya, Lesotho,  Malawi, South Africa, Tanzania, Uganda and Zambia. The project aims at enhancing the capacity of national governments in these countries to implement effective legislation concerning the employment and training of people with disabilities. The technical consultation brought together representatives of governments, employers, workers and disabled persons from the four participating countries, as well as observers from Pakistan, Sri Lanka and Thailand. The meeting, which marked the start of phase two of the project, examined the training and employment of persons with disabilities from a human rights perspective, drawing on ILO Conventions and other international human rights instruments, as well as exemplary legislation at national level. Key elements of a rights-based approach are contained in ILO Conventions concerning employment in general and persons with disabilities in particular. Of particular relevance are the Discrimination (Employment and Occupation) Convention,1958 (No. 111) and the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) that are based on the principles of equal opportunity, equal treatment and non-discrimination. Through a combination of formal presentations and working group sessions, participants had the opportunity to learn from other members of their own delegations, as well as those from other countries, and to become familiar with the main elements of rights-based disability laws and policies. The consultation was a contribution to the objectives and activities of the Asian and Pacific Decade of Disabled Persons from 2003 to 2012 and the Biwako Millennium Framework for Action towards an Inclusive, Barrier-free and  Rights-based Society for Persons with Disabilities in Asia and the Pacific. In relation to legislation, the Biwako Millennium Framework for Action calls upon member States of Asia and the Pacific region to review and amend all legislation that impacts negatively on the lives of people with disabilities, topass and promulgate enabling disability-related legislation aiming to promote equal opportunity, and to amend bills of rights to include a non-discriminatory clause on the basis of disability. The Plan of Action also calls on member States to protect and promote the human rights of people with disabilities. Following the consultation, project support will be provided to participant countries, in the form of national-level technical guidance upon request, a training programme on disability-related laws and policies, and support to a media campaign to challenge negative images of disabled persons at work.New_33___BKK_Proceedings_Jan_2006_FINAL_English_version__Oct_19_.pdf: 5857 downloads, before Oct. 1, 2020

Promoting the employability and employment of people with disabilities through effective legislation (Southern Africa)

Many countries throughout the world have, in recent years, adopted policies aiming to promote the rights of people with disabilities to full and equal participation in society. This has often been in response to the ILO Convention No. 159 concerning Vocational Rehabilitation and Employment of Disabled Persons (1983). Policy on employment opportunities for people with disabilities is frequently supported by legislation and implementation strategies as essential tools to promote integration and social inclusion. Some countries in Africa have made progress in introducing disability-related legislation, but many of these laws have not yet been implemented. In other African countries, existing national laws need to be reviewed in order to achieve equalization of opportunities for persons with disabilities. Improving legislation and implementation strategies has been identified as one of the main issues to be tackled in the African Decade of Disabled Persons 1999-2009. The effectiveness of laws in improving employment opportunities for disabled persons – whether they are vocational rehabilitation laws, quota legislation or anti-discrimination legislation – is central, not only in terms of the economic rights of disabled people, but also their broader social and political rights, which are closely linked to economic empowerment. The country study for Malawi is part of an ILO project “Promoting the Employability and Employment of People with Disabilities through Effective Legislation”. The first phase of the programme (2001-2004) aimed at enhancing the capacity of national governments in selected countries of East Africa and Asia to implement effective legislation concerning the employment of people with disabilities. A knowledge base on laws and policies regarding people with disabilities was built and a Technical Consultation was held in Addis Ababa on 20-22 May 2002. Technical assistance was provided to selected national governments in implementing necessary improvements. Phase 2 of the project (2004-2007) is extending coverage to several additional countries (Lesotho, Malawi, South Africa and Zambia in Africa and Viet Nam in Asia), with a broadened focus on provisions for vocational training and skills development. A second Technical Consultation, “Employment of People with Disabilities - A Human Rights Approach”, took place in Addis Ababa, 23-25 September 2005, to launch Phase 2. Support to countries that are in the process of improving their legislation will continue, training will be arranged for key stakeholders in disability-related laws and policies, and support will be provided to media campaigns to promote positive images of disabled people at work. This country study outlines the main provisions of the laws and policies in place in Malawi concerning the employment and training of people with disabilities. An initial review of the implementation of the legislation is also provided. A concluding comment underlines the progress made in the country and points to areas that have been identified, by key stakeholders or in the literature, as in need of further improvement. It may be read in conjunction with the regional overview prepared for the Technical Consultation in 2002 “Employment of People with Disabilities - The Impact of Legislation (East Africa), Technical Consultation Report, Addis Ababa, 20-22 May 2002”, ILO 2002.New_9___Malawi_Country_Profile_291106.pdf: 446 downloads, before Oct. 1, 2020