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Monday, 15 April 2013

Inclusive employment for PWD : As a fundamental right

The employment and labor policy of Nepal envisions providing productive, non-discriminatory, exploitation-free, decent, safe and healthy work opportunities for citizens of the working ages by building an environment of friendly investments. It also aims to build and manage a labor market that contributes to the national economy so that it can compete at the global level.





At present, about two per cent of the total population in Nepal, or 513,321 people, are living with some kind of disabilities (CBS, 2012). Discrimination against People with Disability (PWD) with respect to employment is against the law and it is mandatory that 5 per cent of the jobs be retained for PWDs. However, the Employment Policy does not spell out how to get rid of the discriminatory barriers and provide reasonable accommodation to the employees. In the absence of policy arrangements to support the employees in creating and maintaining an enabling working environment and reasonable accommodation, PWDs are unable to work anyway.


Creating an enabling environment is key to assuring employment for PWDs. Since, disability is not just a health condition but a result of social and other barriers, there is a need to align Nepal’s policies with the paradigm shift in international understanding of disability. As a state party to the United Nations Convention on Rights of Persons with Disabilities UNCRPD, Nepal has a duty to initiate changes so as to create an inclusive employment regime and end barriers for productive participation of PWDs in social life. The Government of Nepal ratified the United Nations Convention and Optional Protocol on the Rights of Persons with Disabilities in 2010. The Convention, based on the rights of Persons with Disabilities, clearly describes what equality means in policy areas of education, health, employment etc. and provides guidelines on how the policies should be redefined to realize equality and non-discrimination and, thereby, create an inclusive society.


It is necessary, in the context of creating an inclusive and just society, that the needs of Persons with Disabilities be considered in all policies and services. Persons with disabilities are considered, whether due to ignorance or lack of sensitization, as unproductive human resources. With the prevailing unemployment rate in Nepal, finding employment for PWDs is a never ending struggle.

Since income distribution can take place in society only through work or employment, the right to work is considered one of the fundamental rights of the person. It is also necessary for social equality. Economic independence is necessary for freedom, and PWDs also need to be freely chosen or accepted in a labor market and work in an environment that is inclusive and accessible.

At present, about 90 per cent of the PWDS in Nepal live below the poverty line. They are denied the right to work because they are refused employment though the state’s Constitution asserts that every citizen has a right to live a life full of dignity and free of exploitation. However, income generating employment opportunities are the chief means of poverty alleviation.

To ensure effective and full participation, the PWDs must acknowledge themselves as a part of the society and also be strongly motivated. They should be aware of the fact that bodily disadvantages do not conflict with the abilities to work and produce. To bring out their abilities to the work place, PWDs should be supported by reasonable accommodation, accessibility, and scientific/appropriate technology to operate on a commercial basis. The government should move ahead with joint venture, public private partnership, PPP model with industries and companies in the country to ensure decent jobs for PWDs in the private sectors.

Further, for PWDs who require support in their daily activities, it is a bound duty of the state to operate facilities so that they can live in the communities, creating more employment and investing in providing an enabling environment of work is a must as rights, not charity, for PWDs to enjoy more satisfying life should be the direction of the state policies.

The policies, employment law, and any other barriers should be amended or modified so as to create an enabling environment and making investment towards that end. The focus of our policies should be on creating more employment and providing an enabling work environment, which are necessary to create more opportunities for PWDs to enjoy life, live independently and participate in the community. To enable the PWDs, several courses of actions should be taken starting with provision of reasonable accommodation, sheltered workshops, and industrial workshops. Profitable enterprises, such as supermarkets, restaurants and educational institutions should be able to offer opportunities and environment for the PWDs. Joint ventures could be initiated on the basis of Public Private Partnership, so that PWDs can be employed. Furthermore, interest free seed money should be provided to encourage self-employment programs.

However, heed must be taken not to get stuck in a welfare-based model. The risk can be avoided, if we are guided by the philosophy of providing rights for PWDs and not charity.


Source :  The Himalayan Times , 14th April 2013

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