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TOWARDS IMPLEMENTING THE PERSONS WITH DISABILITIES ACT 2003: ACCESS TO EMPLOYMENT

TOWARDS IMPLEMENTING THE PERSONS WITH DISABILITIES ACT 2003: ACCESS TO EMPLOYMENT. Introduction: Federation of Kenya Employers. The Federation of Kenya Employers (FKE) is the national umbrella organization for employers in Kenya and its key mandate is to promote the interests of employers.

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TOWARDS IMPLEMENTING THE PERSONS WITH DISABILITIES ACT 2003: ACCESS TO EMPLOYMENT

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  1. TOWARDS IMPLEMENTING THE PERSONS WITH DISABILITIES ACT 2003: ACCESS TO EMPLOYMENT www.fke-kenya.org Federation of Kenya Employers

  2. Introduction: Federation of Kenya Employers • The Federation of Kenya Employers (FKE) is the national umbrella organization for employers in Kenya and its key mandate is to promote the interests of employers. • FKE seeks to ensure that national labour and social policy provides an environment favourable to enterprise sustainability and job creation. www.fke-kenya.org Federation of Kenya Employers 2012

  3. Introduction: Federation of Kenya Employers • FKE is a member of the tripartite i.e. COTU, ministry of Labour and FKE. • ILO, to which FKE is a member advances the rights of persons with disabilities through ILO vocational Rehabilitation and employment( Disabled persons) Convention No. 159 which is under the United Nations Convention on the Rights of Persons with Disabilities www.fke-kenya.org Federation of Kenya Employers 2012

  4. Background Right from Independence, the new government of Kenya identified unemployment , diseases and ignorance among other issues, as some of the key challenges that needed urgent attention. www.fke-kenya.orgFederation of Kenya Employers

  5. Background • Though the dream to realize full employment has been elusive, Kenya is making efforts towards achieving this dream. This can be seen in a number of development strategies over the years, example Vision 2030. • The working age population in Kenya is estimated at 19.9 million persons out of which 14.6 million are economically active; 12.7 million persons are employed and 1.9 are openly unemployed www.fke-kenya.org Federation of Kenya Employers 2012

  6. Background • According to the 2009 census estimates, 4.6% of the Kenyan population are people living with disabilities (1.75 million people). • Records held at NCPWD indicate that 125, 000 have been registered, of this figure only 3,500 have applied for tax exemption, this is the team that is in meaningful employment. www.fke-kenya.org Federation of Kenya Employers 2012

  7. Progress in Mainstreaming Disability • Some progress has been made in mainstreaming Disability but a lot has to be done for the objectives to be met. This can be seen in the measures undertaken by some companies as outlined below. www.fke-kenya.org Federation of Kenya Employers 2012

  8. Progress in Mainstreaming Disability • Training on disability mainstreaming has taken place in some organizations example is Kenya Airways. • Some companies have constituted disability committees which deal with disability mainstreaming issues • Disability mainstreaming is a performance objective in some companies; Bamburi Cement has taken the lead. www.fke-kenya.org Federation of Kenya Employers 2012

  9. Progress in Mainstreaming Disability • A few organizations have put in place an affirmative action to help absorb persons with disabilities into jobs, this needs to be adopted by many more organizations. • Nairobi University has adapted an affirmative action for persons with disabilities following an announcement to absorb any disabled persons with a mean grade of C+ and above to a course of their interest. This is expected to raise skills among the disabled. www.fke-kenya.org Federation of Kenya Employers 2012

  10. Progress in Mainstreaming Disability • Some organizations now emphasize consideration for persons with disability in their advertisement should they meet minimum requirements • Some workplaces have already worked on their buildings to make them disability friendly by providing ramps and other disability friendly facilities. (A lot needs to be done in this area) www.fke-kenya.org Federation of Kenya Employers 2012

  11. Measures to be taken in implementing the policy • FKE will endeavor to support in mainstreaming by creating awareness among its member employer organizations during membership forums and trainings conducted. • FKE shall encourage members to adapt their work places to be disability compliant by creating ramps and other necessary facilities to make our colleagues comfortable www.fke-kenya.org Federation of Kenya Employers 2012

  12. Measures to be taken in implementing the policy • Members will be encouraged to adopt affirmative action in order to attain the required 5% disabled employee population • FKE shall partner with NCPWD in an effort to coin out relevant messages to pass to the employer fraternity through the our platform www.fke-kenya.org Federation of Kenya Employers 2012

  13. Gaps and Challenges in implementation of the Act • The biggest gap facing the implementation of the act is lack of a clear machinery to ensure enforcement of non implementation of the various articles • Lack of awareness by the disabled makes it very difficult for them to understand their rights and seek support at the right time. • Lack of adequate special education facilities relevant to the disabled to equip them with skills to enable them access gainful employment www.fke-kenya.org Federation of Kenya Employers 2012

  14. Gaps and Challenges in implementation of the Act • Stigma amongst the parents of the young disabled; they end up hiding them instead of taking them to school to acquire necessary skills. Stigma among the disabled, they resign from jobs because of this problem. • Lack of proper awareness to the general public, employers, business fraternity on the various articles of the act www.fke-kenya.org Federation of Kenya Employers 2012

  15. Ways of monitoring progress • There has been no clear way of monitoring progress however there are proposals on how this can be done; • Disability mainstreaming should be embedded in the performance management system of every organization with clear objectives to be achieved and resources allocated. • There should be clear structures to monitor implementation and enforce non implementation. www.fke-kenya.org Federation of Kenya Employers 2012

  16. Strategies for enhancing implementation of the Act • Clear strategies on awareness creation by all relevant parties should be put in place to create the required level of awareness • Creation of strategic partnerships and networks that add value to the implementation process. www.fke-kenya.org Federation of Kenya Employers 2012

  17. Strategies for enhancing implementation of the Ac • Ensure implementation of the act is factored in the performance management of organization with clear responsibilities and resource allocation as well as clear targets • Have in place independent clear structures to monitor implementation and enforce non implementation www.fke-kenya.org Federation of Kenya Employers 2012

  18. FKE as a strategic Partner • FKE will endeavour to work with the National Council for Persons With Disabilities to ensure disability mainstreaming awareness creation among all employers THANK YOU!! www.fke-kenya.org Federation of Kenya Employers 2012

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