Disabled People’s organisations, Denmark – Ghana Federation of the disabled

Employment of Persons with Disabilities in the Formal Labour Market

Ghana - Legislation

Final

February 2016

This report is the third report in a series under the project “Promoting inclusion of persons with disabilities in the formal labour market through innovative partnerships between the disability movement and the private and public sector” by the Disabled People’s Organisations, Denmark. The project seeks to identify and map influencing factors on employment of persons with disabilities in the formal labour market in South Africa, Ghana and Uganda. This report is the first out of two reports from Ghana; this first report focusing on the legislative framework on disability and the second focusing on factors identified through a mapping exercise with the disability sector and employers in Ghana.

ContentsAbbreviation.....................................................................................................................................................2

1. Introduction..................................................................................................................................................3

1.1. The Constitution of Ghana.....................................................................................................................4

1.2. Ministry of Gender, Children and Social Protection...............................................................................4

1.3. Ministry of Employment and Labour Relations......................................................................................5

2. Labour Law 2003..........................................................................................................................................6

3. Persons with Disability Act 2006...................................................................................................................8

3.1. National Council on Persons with Disability...........................................................................................9

3.2. Employment........................................................................................................................................10

3.2.1. Ministry of Gender, Children and Social Protection Expenditure Framework..............................11

3.3. Accessibility.........................................................................................................................................11

4. Employment Act and Policies.....................................................................................................................12

4.1. National Employment Policy 2015.......................................................................................................12

4.2. Youth Employment Agency Act 2015...................................................................................................15

4.3. Public Service Commission..................................................................................................................17

4.4. Workman’s Compensation Act 1987...................................................................................................19

5. Council for Technical and Vocational Education and Training Act, 2006....................................................20

6. Education Policies.......................................................................................................................................20

6.1. Inclusive Education Policy, 2013..........................................................................................................20

6.2. The Education Strategic Plan (2010-2020)...........................................................................................21

6.3. The Education Act, (2008)....................................................................................................................21

6.4. The National Youth Policy, 2010..........................................................................................................21

1 | P a g e

Abbreviation

COTVET Council for Technical and Vocational Education and Training

DPO Disabled Persons’ Organisation

DPOD Disabled People’s Organisation, Denmark

GEA Ghana Employer’s Association

GFD Ghana Federation of the Disabled

ILO International Labour Organisation

LI Legal Instrument

MELR Ministry of Employment and Labour Relations

MoGCSP Ministry of Gender, Children and Social Protection

MTEF Medium Term Expenditure Framework

NCPD National Council of Persons with Disabilities

NEP National Employment Policy

PSC Public Service Commission

PLWHA People living with HIV/AIDS

PWD Persons with Disability

TUC Trade Unions Congress

TVET Technical and Vocational Education and Training

UNCRPD United Nations Convention on the Rights of Persons with Disabilities

2 | P a g e

1. IntroductionDisabled People’s Organisations, Denmark (DPOD) is a Danish umbrella organisation with 33 member organisations, representing 320.000 people in Denmark. In cooperation with the member organisations the DPOD Department for Development Cooperation seeks to advance the lives and human rights of persons with disabilities in the developing world. This is done through partnerships with local disability organisations with a focus on organisational development and capacity building.

DPOD has a strong connection with the African disability movement and with funding through the Ministry of Foreign Affairs of Denmark the organisation are in 2014/2015 supporting the national umbrella disability organisations in Ghana and Uganda and their focus on formal employment for persons with disabilities. The project’s aim is to contribute to the overall development goal of:

A Ugandan and Ghanaian society where persons with disabilities are included as valued and active members of the formal labour market resulting in a significantly increased employment rate for persons with disabilities.

In 2010 – 2013 DPOD supported an employment project focusing on employment of persons with disabilities in the formal sector in the Western Cape Province, South Africa. It is with basis in the learnings from this project and the South African context in general regarding disability and employment that DPOD is partnering with the Ghana Federation of the Disabled (GFD) and National Union of Disabled Persons of Uganda (NUDIPU) on the current project. Though the South African experiences cannot be directly transferred to the very different settings in Uganda and Ghana, South Africa has for a longer period had a focus on diversity and inclusion due to its past and this can serve as inspiration to other countries.

The project has initiated with research and mapping in South Africa through engagement with the disability sector as well as private and public employers and stakeholders identifying and mapping successful and innovative initiatives and best practices within the private and public sectors as well as looking at enabling policies and legislative frameworks. This is then followed by similar research in Ghana and Uganda with the project culminating with a joint learning workshop with representatives from the disability movements, the private sector and government across the three countries sharing experiences and lessons learnt to initiate new and innovative ideas and partnerships.

Ghana signed the UN Convention on the Rights of Persons with Disabilities (UNCRPD) in March 2007 and ratified the Convention in August 2012. With this Ghana demonstrates a significant step towards upholding and protecting the human rights of the five million persons with disabilities living in Ghana.

Before signing and ratifying the UNCRPD Ghana had already enacted the Persons with Disability Act (PWD Act) in 2006 in fulfilment of the protection of certain fundamental human rights guaranteed to persons with disability under the 1992 Constitution. The PWD Act is still the central legislative framework on disability issues in Ghana. The Act also has a section on employment which focuses on formal employment, persons with disabilities as business owners, training of persons with disabilities and rehabilitation.

This report gives an overview of the legislative framework related to persons with disabilities and employment. The report does not give an analysis of the legislation but rather tries to collate the different

3 | P a g e

Acts and Policies which focus on and influence disability and employment. The Constitution of Ghana of 1992 includes a focus on disability ensuring the rights and opportunities of persons with disabilities and currently the two Ministries central to ensuring these rights and opportunities of persons with disabilities for participation in the formal labour market are the Ministry of Gender, Children and Social Protection (MoGCSP) and the Ministry of Employment and Labour Relations (MELR). The brief overview of the Constitution and these two Ministries are therefore included below.

The two central Acts within this project focus are the Labour Law of 2003 and the PWD Act of 2006. These two Acts are described in Chapter 2 and Chapter 3 with a general introduction to the Acts and their purpose followed by the sections specifically focusing on employment of persons with disabilities. These chapters do not give a full summary of the Acts but only what is deemed central within the area of disability and employment.

Chapter 4 gives an overview of other related employment acts and policies including the National Employment Policy (NEP) 2015 and Public Service Commission’s (PSC) Human Resource Management Policy Framework and Manual for the Ghana Public Services 2015. The Act of the Council for Technical and Vocational Education and Training (COTVET) also has a focus on inclusion of persons with disabilities and with the importance of Education and Training in relation to employment this Act is included in the report in Chapter 5. Likewise, legislation on education is briefly described in Chapter 6.

1.1. The Constitution of GhanaThe Constitution of Ghana 1992 ensures the rights of all citizens of the country and prohibits discrimination on the basis of race, sex, ethnic origin, creed, colour, religion, social, or economic status. Article 29 under Chapter 5: Fundamental Human Rights and Freedoms, specifically focuses on the rights of persons with disabilities with some of the clauses relating directly or indirectly to employment. These clauses are:

(4) Disabled persons shall be protected against all exploitation, all regulations and all treatment of a discriminatory, abusive or degrading nature.

(6) As far as practicable, every place to which the public have access shall have appropriate facilities for disabled persons.

(7) Special incentive shall be given to disabled persons engaged in business and also to business organisations that employ disabled persons in significant numbers.

(8) Parliament shall enact such laws as are necessary to ensure the enforcement of the provisions of this article.

1.2. Ministry of Gender, Children and Social ProtectionThe current line ministry for persons with disabilities is the Ministry of Gender, Children & Social Protection (MoGCSP) which was established in 2013. It replaced the Ministry of Women & Children’s Affairs and is a fusion of this Ministry, the Department of Social Welfare and the Social Protection Division of the then Ministry of Employment & Social Welfare.

4 | P a g e

The Goal of MoGCSP is:

To promote an integrated society that offers equal opportunity for both men and women and safeguards the rights of children, and empower the vulnerable, excluded, the aged and persons with disabilities by social protection interventions to contribute to national development.

The core functions of the Ministry are to:• Formulate gender, child development and social protection policy.• Co-ordinate gender, child and social protection related programmes and activities at all

levels of development.• Develop guidelines and advocacy strategies for use by all MDAs and for collaboration

with Development Partners and CSOs.• Facilitate the integration of gender, children and social protection policy issues into

National Development Agenda.• Provide guidelines and advocacy strategies for MDAs and other development partners

for effective gender and social protection mainstreaming.• Ensure compliance with international protocols, conventions and treaties in relation to

children, gender and social protection.• Conduct research into gender, children and social protection issues.• Monitor and evaluate programmes and projects on gender, children, the vulnerable,

excluded and persons with disabilities

1.3. Ministry of Employment and Labour RelationsAnother central Ministry within this project’s scope is the Ministry of Employment and Labour Relations (MELR). The Mission of the Ministry is to:

Formulate policies and strategies, and initiate programmes to enhance employment generation and ensure the protection of the rights of workers in Ghana, as well as conduct Research into Topical labour issues that underpin National Development Planning. (MELR - Medium Term Expenditure Framework 2014-2016)

The core functions of the Ministry are to:• Formulate policies and strategies to achieve the mandate, goals and objectives of the

Ministry• Undertake studies on topical labour and employment issues • Coordinate all national employment initiatives• Monitor and evaluate polices, programmes and projects relating to gainful employment

and promotion of industrial harmony• Promote Tripartism through building organic partnership with key social partners

5 | P a g e

• Develop and implement the labour market information system to facilitate the provision of timely and accurate labour market information for use by government, private sector and job seekers.

• Achieve productivity improvement of all employed labour force in all sectors of the economy

• Encourage the growth of skills particularly in the youth through vocational and technical training at all levels including apprenticeship

• Ensure occupational health and safe working environment for all workers both in the formal and informal sector

• Facilitate development of vibrant co-operatives and other enterprises for employment generation and poverty reduction

• Promote increased efficiency and productivity in both public and private sector organisations through up-grading of management practise , consultancy service and research

• Coordinate the implementation of the national plan of action to eliminate the worst form of child labour.(MELR - Medium Term Expenditure Framework 2014-2016)

2. Labour Law 2003The Labour Act of 2003 consolidates and updates the various pieces of former legislation and covers all employers and employees except those in strategic positions such as the Armed Forces, Police Service, Prisons Service and the Security Intelligence Agencies. Major provisions of the Labour Act include establishment of public and private employment centres, protection of the employment relationship, general conditions of employment, employment of persons with disabilities, employment of young persons, employment of women, fair and unfair termination of employment, protection of remuneration, temporary and casual employees, unions, employers’ organisations and collective agreements, strikes, establishment of a National Tripartite Committee, forced labour, occupational health and safety, labour inspection and the establishment of the National Labour Commission.

The establishment of Public Employment Centres and registration of private employment agencies are prescribed in Part II of the Act. In clause 3 the functions of these Centres are states as:

Each Centre shall:(a) assist unemployed and employed persons to find suitable employment and assist employers to find suitable workers from among such persons;(b) take appropriate measures to

(i) facilitate occupational mobility with a view to adjusting the supply of labour to employment opportunities in the various occupations;(ii) facilitate geographical mobility with a view to assisting the movement of unemployed and employed persons to areas with suitable employment opportunities; and

6 | P a g e

(iii) facilitate temporary transfers of unemployed and employed persons from one place to another as a means of meeting temporary local maladjustment in the supply of or demand for unemployed persons;

(c) assist in social and economic planning by providing labour market information to stakeholders to ensure a favourable employment situation;(d) provide vocational guidance facilities to young persons;(e) provide arrangements for the registration, employment, training and retaining of persons with disability1; and(f) provide arrangements for the registration of employed and unemployed persons

(i) with recognized technical, vocational or professional qualifications or those without these qualifications but have had experience of a level higher than that of an artisan;(ii) who are of the level of supervisors or foremen;(iii) with experience at administrative, managerial or senior executive levels; and(iv) who have received training at the tertiary level.

Part V of the Labour Act specifically focuses on Employment of Persons with Disability with the following clauses:

45. Registration of persons with disability46. Special Incentives47. Notification of employment of persons with disability48. Particulars of contract of employment49. Persons with disability in public service posts50. Employment not to cease upon disablement51. Length of notice of termination52. Transfer of persons with disability53. Training54. Part to be read as one with other relevant enactments

Clause 45 refers to the registration of persons with disabilities at the Public Employment Centres and clause 47 stipulates that if an employer employs a person with a disability the employer must notify the nearest centre. Clause 46 stipulates that special incentives shall be provided to an employer who employs a person with a disability and that special incentives shall be given to a person with disability engaged in a business or enterprise. These special incentives shall be determined by the Minister.

Clause 48 outlines requirements of the contract of employment with a person with disabilities, which must include particulars of the job or post, the working hours, amount of remuneration, transport facilities, and any special privileges which the person are to be accorded by virtue of the employment. For persons entering public service clause 49 further stipulates that he/she must be appointed on the same terms as persons without disability, irrespective of whether they are allowed to work for fewer hours; and shall be classified in accordance with their previous period of qualifying service for the purposes of promotion and other public service awards.

1 Emphasis added by report authors.

7 | P a g e

If a person becomes disabled while employed the employment shall not cease if his/her residual capacity for work is such that he/she can be found employment in the same or some other corresponding job in the same undertaking, but if no such corresponding job can be found, the employment may be terminated by notice (clause 50). The notice of termination of employment of a person with a disability shall not be less than a month (clause 51). This is different to non-disabled persons as only employees employed for three years or longer shall be given one month’s notice (clause 17).

A person with a disability may be transferred to another job within the same undertaking if the other job can be regarded in the light of all relevant circumstances as a corresponding job. The relevant circumstances relate to:(a) the person’s qualifications;(b) the person’s physical condition;(c) the person’s place of residence; and(d) whether the transfer may worsen the conditions in which the person entered the employment.

(Clause 52)

Clause 53 stipulates that where it is necessary to train or retain a person with disability to overcome any aspect of his or her disability in order to cope with any aspect of the person’s employment, the employer may provide or arrange at the employer’s expense the training or retraining for the person. This clause thereby put the responsibility and cost of training with the employer; however with using the word ‘may’ in the clause this is still left to the discretion of the employer.

The last clause under Part V (clause 54) makes it clear that Part V: Employment of Persons with Disability prevails should there be any conflicts with other parts of the Labour Law.

3. Persons with Disability Act 2006In 2006 the Parliament passed the ‘Persons with Disability Act’ (PWD Act) providing a legal framework on disability in Ghana. The Act fulfils a constitutional obligation of enacting laws to protect and promote the rights of persons with disabilities and fulfil Ghana’s international obligations. The purpose of the Act is “to provide for persons with disability, establish a National Council on Persons with Disability and to provide for other related matters” (PWD Act, 2006:3)

The Act defines a person with disability as: “an individual with a physical, mental or sensory impairment including a visual, hearing or speech functional disability which gives rise to physical, cultural or social barriers that substantially limits one more of the major life activities of that individual” (PWD Act, 2006:14).

The Act is made up of 60 clauses grouped into eight sections:1. Rights of persons with disability2. Employment of persons with disability3. Education of persons with disability4. Transportation5. Health-care facilities

8 | P a g e

6. Miscellaneous provisions7. Establishment and functions of National Council on Persons with Disability8. Administrative and Financial provisions

The Act has not been revised since it was passed in 2006 and one major change in the Ghanaian legislative framework on disability since then is the signing of the UNCRPD in 2007 and the ratification in 2012. GFD has conducted a gaps analysis of the Act in relation to the Convention as part of the revision of the Disability Act and to ensure that the amended Act will be aligned to the Convention.

3.1. National Council on Persons with DisabilityOne of the main components of the PWD Act is the establishment of a National Council on Persons with Disability (NCPD). The establishment and functions of the Council is outlined in Section 7 of the Act. Clause 42 in the Act states the object of the Council as “to propose and evolve policies and strategies to enable persons with disability enter and participate in the mainstream of the national development process (PWD Act, 2006:11). Clause 42 further states that to achieve this object the Council shall:

1. monitor and evaluate disability policies and programmes,2. formulate strategies for broad-based inter-sectoral, interdisciplinary involvement and

participation in the implementation of the national disability policy,3. produce an organizational manual on the operations of the Council and its secretariat,4. coordinate disability activities;5. advise the Ministry on disability issues and submit to the Minister proposals for

appropriate legislation on disability,6. mobilise resources for the attainment of its object,7. coordinate activities of organisations of persons with disability, and international

organizations and nongovernmental organisations that deal with disability,8. promote studies and research on issues of disability and provide education and

information to the public on issues of disability,9. maintain a register of,

i. persons with disability, andii. institutions, organizations and associations which provide rehabilitation,

services or support for persons with disability,10. play an advocacy role on disability issues at all levels; and11. perform other functions that are necessary for the attainment of its object.

The PWD Act establishes the governing body of the NCPD with a Board consisting of 13 people of whom three are representatives of organisations of persons with disabilities. Of these three representatives at least one must be a woman. An appointed Executive Secretary is responsible for the day to day administration of the Council and is answerable to the Board.

Clause 49 stipulates that the Board may establish regional and district offices of the Council in each regional capital and in the districts. These regional or district offices shall be provided with public officers and shall perform the functions of the Council in the region or district.

9 | P a g e

The Act outlines the funds for the Council to include: 1. moneys provided by Parliament;2. donations, grants and gifts; and3. any other moneys that are approved by the Minister responsible for Finance, with the approval of

Parliament.(Clause 55)

3.2. EmploymentSection two of the PWD Act addresses employment for persons with disabilities and stipulates that the Public Employment Centres establish under the Labour Law 2003 shall also assist to secure jobs for persons with disability (Clause 9).

As per the Labour Law 2003 an unemployed person may register with the Public Employment Centres and the PWD Act further stipulates that if a person with disability remains on such a job search list for more than two years, the Ministry shall take the name of that person off the list, and where applicable:

1. give that person appropriate training,2. Provide that person with necessary working tools and materials, and3. Assist that person to access loan capital for that person to start a business

(Clause 13)

For the promotion of employment of persons with disabilities the Government shall grant a person who employs a person with disability an annual tax rebate of the taxable income in respect of each person with disability employed as shall be prescribed in Regulations made under the PWD Act as well as the Government shall grant special incentives to persons with disabilities engaged in business and also to business organisations that employ persons with disability (Clause 10). Clause 11 stipulates that a person who employs a person with disability shall provide (a) the relevant working tools, and (b) appropriate facilities required by the person with disability for the efficient performance of the functions required by the employment.

With clause 11 the PWD Act thereby puts the responsibility of reasonable accommodation with the employers. However, with clause 10 the employers can also be compensated through an annual tax rebate and special incentives. However, the Regulations mentioned in clause 10 regarding the annual tax rebate have currently not been developed and neither the tax rebate nor the special incentives have been specified.

Section 1, clause 4 furthermore protections persons with disabilities against exploitation and discrimination stating that “A person shall not discriminate against, exploit or subject a person with disability to abusive or degrading treatment” (Clause 4 (1)). It is further stipulated that an employer cannot discriminate against prospective employees or employees on the grounds of disability unless the disability will affect the relevant employment.

Clause 12 stipulates that an employer shall not post or transfer a person with disability to a section or place of the establishment not suited for the person and if a person in employment suffers a disability as a result of the employment, the employer shall counsel, re-train and re-deploy the person to another sections more

10 | P a g e

suited to the person. This is in addition to any other relief which the employee is entitled to under the Workmen’s Compensation Law, 1987.

Section 2 on employment furthermore deals with Rehabilitation Centres (Clause 14) and Community Based Rehabilitation (Clause 15) and stipulates the responsibility of the Ministry to establish Rehabilitation Centres across the country and as far as possible ensure that persons with disabilities have access to rehabilitation in their communities.

3.2.1. Ministry of Gender, Children and Social Protection Expenditure FrameworkActs in Ghana are supported by subsidiary legislation such as legislative instruments, executive instruments, constitutional instruments and regulatory notices of government ministries, government departments and agencies for the enforcement and implementation of the Acts. Presently there are no such subsidiary legislation has been developed for the PWD Act. However, the MoGCSP’s Medium Term Expenditure Framework (MTEF) for 2015-2017 outlines the Ministry’s programme based budget estimates for 2015. The NCPD is included in this Framework and it is state that; “Currently, the Council is embarking on organising employable skills training for PWDs and supervises disbursement of 3% District Assemblies Common Fund for PWDs” (MTEF, 2014:44).

In the MTEF the Sub-Programme 4.1: Social Services outlines the following Budget Sub-Programme Results Statement:

Main Outputs Output Indicator

Past year Projections2013 2014 Budget year

2015Indicative year

2016Indicative year

2017Persons with disability provided with vocational & skill training

Number of disabled persons provided with skill and vocational training

750 1,165 900 750 625

It has not been possible for the project partners at this point to identify further action plans or actual budgets related to this or other outputs stated in the MTEF.

3.3. Accessibility Accessibility is addressed in Section 1 on Rights of Persons with Disability and Clause 6 prescribes that the owner or occupier of a place to which the public has access shall provide appropriate facilities that make the place accessible to and available for use by a person with disability. Furthermore, clause 7 prescribes that a person who provides service to the public shall put in place the necessary facilities that make the service available and accessible to a person with disability.

11 | P a g e

However, clause 60 makes transitional provisions and gives owners and occupiers of an existing building to which the public has access 10 years from the commencement of the Act (2006) to make the building accessible to and available for use by persons with disabilities.

The PWD Act does not prescribe for example private companies to ensure their premises are accessible for persons with disabilities unless they are providing services to the public. Therefore, access for example for employees or potential employees is not directly address within this section though it can be argued that it is address under clause 11 in Section 2 as employers are required to provide appropriate facilities for the persons with a disability to perform efficiently as required by the employment. This however still leaves out access by job seekers with disabilities.

Section 4 furthermore deals with transport and access for persons with disabilities. Clause 23 highlights the integration of needs of persons with disabilities and stipulates that the Ministries responsible for rail, air, and road transport and where appropriate the Ministry of Local Government shall ensure that the needs of persons with disabilities are taken into account in the design, construction and operation of the transportation network. Clause 29 also prescribes operators of commercial busses to reserve at least two seats for the persons with disability.

4. Employment Act and PoliciesApart from the Labour Law of 2003 a number of other Acts and Policies have been developed influencing the labour market and persons with disabilities’ access thereto. Below is an overview of the most important ones: the National Employment Policy 2015, the Youth Employment Agency Act, the Human Resource Management Policy Framework and Manual for the Ghana Public Services 2015 and the Workman’s Compensation Act 1987.

4.1. National Employment Policy 2015The NEP was launched in April 2015. The Policy was developed to coordinate and address employment issues in a harmonious manner and to adopt an evidence-based approach. The Policy is expected to guide program/project implementation towards the achievement of set targets and development outcomes in employment generation and decent work.

The overall long-term goal of the NEP is “to create gainful and decent employment opportunities for the growing labour force to improve their living conditions and contribute to economic growth and national development within the framework of equity, fairness, security and dignity.” (Chapter 2.3).

The Policy has four key objectives for achieving the overall policy goal: 1. To create more decent jobs to meet the growing demand for employment.2. To improve the quality of jobs for those who are employed.3. To increase labour productivity.4. To strengthen governance and labour administration (Chapter 2.4).

The Policy has a short section specifically focusing on persons with disabilities referring to the National Disability Policy of 2004 and the Persons with Disability Act, Act (715) of 2006. The section highlights the

12 | P a g e

amendment of the building code that makes office and public buildings accessible to persons with disabilities an important aspect of the Persons with Disability Act.

It further states that: “The main policy challenge for this segment of the population is how to improve their training and skills development, increase their productivity and employability, and ensure adequate provision of medical and psychological support” (Chapter 1.3.7.).

The Policy’s four Objectives are further developed with a number of Strategic Actions. In the below is listed the Strategic Actions which are related to disability and the issues affecting persons with disabilities’ access to the formal labour market though it may not be have a specific mentioning of disability2.

Objective 1: To create more decent jobs to meet the demand for employment

Strategic actions:7. Identify and promote incentives for business development, innovation and employment of targeted groups including young graduates and the vulnerable in the society.

17. Integrate Guidance and Counselling into the school system and make it available to pupils and students on a continuous basis to ensure that pupils and students make the right choices, plans and decisions about their future based on information available on the job market.

18. Introduce support measures to ease transition from school to the world of work such as incentives for enterprises to engage and train young people and programmes in which training and work alternate.

23. Promote and support the establishment of social enterprises for job creation among the young and vulnerable groups.

Objective 2: To improve the quality of jobs for those employed

Strategic Actions:5. Ensure routine data collection through the Ghana Labour Market Information System and maintain a national database on the informal economy.

7. Institute measures to ensure that PWDs and PLWHAs are fully mainstreamed into the labour market in accordance with the Labour Act and related laws.

15. Expand social protection mechanisms for workers exposed to external shocks (i.e. fire, flood, retrenchment, structural changes to green economy, etc.), and develop new

2 As active members of society and the labour market all the Strategic Actions included in the NEP are also affecting persons with disabilities. However, the Strategic Actions included in this overview are the actions which are directly focused on persons with disabilities or issues which have a great impact on persons with disabilities’ access to the formal labour market. The actions included in this overview are also guided by the findings of the mapping conducted by the project partners in May-July 2015.

13 | P a g e

learning strategies to help them cope with these socio-economic shocks before they are reintegrated into the labour market.

Objective 3: To increase Labour productivity

Objective 3 is included in the Policy as: “Anecdotal evidence suggests that labour productivity is generally perceived to be low in Ghana; and it is lower in the informal economy” (Chapter 3.3.). The Strategic Actions do not have a specific focus on persons with disability, for example it has no mentioning of assistive devices which are an important aspect for full productivity for persons with disabilities. However, Strategic Action 1 “promotes and supports the adoption of science, technology and innovation in all sectors of the economy”. This can also support persons with disabilities in having access to technology for assistive devices and reasonable accommodation.

Objective 4: To Enhance Governance and Labour Administration

Strategic Actions for Objective 4 do not have a disability specific focus but the mainstreaming of disability into these Strategic Actions will be highly beneficial to support and improving the situation for persons with disabilities in employment.

Strategic Actions: 1. Strengthen institutional capacity of the Labour Department, Occupational Safety and Health Authority, National Labour Commission among others to enforce compliance with labour laws and regulations.

2. Effectively monitor compliance with labour standards and regulations.

3. Strengthen the Fair Wages and Salaries Commission (FWSC) to manage public sector wages and salaries efficiently.

4. Prepare a national human resource development plan involving the identification of present and future skills needs and related training programmes.

5. Promote and support research for labour market information to inform policy.

6. Publish and effectively disseminate labour market information to inform all stakeholders.

7. Strengthen the capacity of the Ministry responsible for employment to coordinate labour administration in the country effectively.

8. Increase capacity for inspection of business premises

9. Strengthen Occupational Safety and Health monitoring informal economy.

10. Promote social dialogue in labour administration.

14 | P a g e

The NEP identifies the Ministry of Gender, Children and Social Protection as an important partner for the Ministry of Employment and Labour Relations for the implementation of the policy. The reference is made in terms of the MoGCSP as responsible for coordinating of all social protection interventions in the country, and that both Ministries must ensure that beneficiaries of social assistance programs who have productive capacity are linked with labour market policy interventions. This is to ensure that beneficiaries of social assistance interventions who can work do not become over-reliant and a burden to the state (Chapter 4.5.11).

According to the NEP sector-specific national employment policy monitoring and evaluation plans shall be developed in order to track progress towards achieving the targets set in relation to the objectives. These plans shall contain sector-specific objectives that are linked to employment indicators, outputs and outcomes. The M&E systems shall also focus on measuring the quantity and quality of employment in all sectors and their implications for job creation and income diversification on sector policies and plans (Chapter 4.2).

To support the MELR in the implementation of the NEP a National Employment Coordinating Commission (NECC) shall be set up. This Commission shall be constituted by representatives of employment generating sectors and chaired by the Vice-President of Ghana. Furthermore, an Implementation Plan shall be developed to translate the policy recommendations and strategies into specific measurable policy activities and targets expected to be achieved within stipulated timeframes. This Implementation Plan shall be developed in collaboration and consultation with key implementing agencies. The NEP highlights the importance of Social Dialogue and that the Government will ensure strong dialogue with, and solicit inputs from, social partners and the Tripartite Constituents for informed decision-making. As important partners the GEA and Organised Labour is highlighted and they are expected to cooperate closely with the MELR in the implementation, monitoring and evaluation of the Policy.

Furthermore, the NEP highlights the role of NGOs and Civil Society Organisations and acknowledges that NGOs play a major role in the implementation of development programmes in Ghana, especially in rural and semi-urban areas and the “Government expects that NGOs and CSOs will find this Policy worthy of their support and incorporation into their programs and projects” (Chapter 4.5.16).

4.2. Youth Employment Agency Act 2015The recently passed Youth Employment Agency Act establishes the Youth Employment Agency for the purpose of the development, coordination, supervision and the facilitation of employment for the youth and to provide for related matters. In Ghana "youth" means a person between the ages of 15 and 35 years.

Object of the AgencyThe object of the Agency is to develop, coordinate, supervise and facilitate the creation of jobs for the youth in the country.

Functions of the AgencyFor purposes of achieving its object the Agency shall, in consultation with other relevant agencies and the private sector,

15 | P a g e

a. set standards and procedures for the employment and career development of the youth in the country;

b. train and provide the youth with the requisite skills for the labour market;c. facilitate and monitor the employment of the youth in the country; d. develop guidelines for the implementation of an integrated and innovative national youth

employment programme;e. serve as a one-stop shop for the employment of the youth and entrepreneurial

development of the youth taking into consideration gender and persons with disability3;f. assess the operations of youth employment programmes and make recommendations for

improvement;g. plan and coordinate technical assistance in the field of youth employment;h. develop, promote and support training activities of the youth to prepare them, for

employment;i. undertake a continuing study of the youth employment needs of the country;j. establish and maintain relations with relevant organisations or institutions both within and

outside the country engaged in activities connected with youth skills training;k. maintain a database of youth engaged by the Agency;l. advise the Minister on matters that relate to the employment and development of the

youth; andm. perform any other function that is necessary, for the attainment of the object of the

Agency.

Clause 24 of the Act stipulates how the Agency shall apply its funds. Amongst others the Agency shall use it funds to support youth development through skills training, entrepreneurship and internship; for payment of allowances of the beneficiaries on the internship modules and for the training of a beneficiary in a trade and vocation.

The Board of the Youth Employment Agency is appointed by the President and consist of identified persons with the knowledge and experiences from Human Resources development and training, labour and administration from within the Government and public sector institutions as well as two representatives from the private sector of whom one is a woman. The Act does not mention persons with disabilities at board level but the Board may establish committees consisting of members and /or non-members to perform an advisory function (clause 9).

Furthermore, Clause 18 stipulates that the Board shall establish regional and district offices of the Agency as well as Clause 29 and 31 stipulate that the Agency shall establish Regional and District Committees. These local committees will consist of resource persons within the local government structures as well as there shall be one representative from the organisations of persons with disabilities within the region and district respectively for the different committees.

These local committees shall assist the Board and will be responsible for the implementation of the policies of the Agency in the regions / districts and oversee the activities of the Agency in the regions / districts. The District Committees shall advise the Regional Committee on plans for the development and sustenance of

3 Empasis added by authors.

16 | P a g e

youth employment in the districts and the Regional Committee shall advise the Board from the regional level (clause 30 and 32).

4.3. Public Service CommissionThe Public Services Commission Act, 1994 established the Public Service Commission (PSC) as the Central Management Agency (CMA) responsible for providing strategic policy guidance for human resource management in the public service organisations. Functions of the Commission include:

- to advise Government on the criteria for appointment to public offices as well as persons to hold or act in public offices;

- to prescribe appropriate systems and procedures for the management of personnel records within the Public Services;

- to identify, explore and promote the recruitment of suitable personnel into the Public Services, acting in collaboration with educational authorities;

- to improve recruitment policies and techniques by introducing modern methods of judging the suitability of officers; and

- to conduct examinations and interviews for appointments to posts and for promotions in the Public Services or within public corporations to ensure uniformity of standards of selection qualifications.(Public Services Commission - The Service Charter, 2015)

In 2015 the PSC published the Human Resource Management Policy Framework and Manual for the Ghana Public Services setting out the principles to guide the approach to human resource management, governance and the development of human resource management policy in the public service.

The objectives of this Framework and Manual are among others to:a. provide a framework for equal treatment of all public servants by applying the same

standards and principles in matters that concern public servants;b. plan for staffing, human resource development and organizational capacity building

tailored to service delivery needs;c. develop a culture of customer care and of approaches to service delivery that are

sensitive to the needs of the public, especially the poor and the vulnerable through training;

d. implement monitoring and evaluation mechanisms and structures designed to measure performance and reward high performance while sanctioning persistent poor performance;

e. form partnerships with the Private Sector and Civil Society Organisations to ensure better service delivery.

Chapter Eight of the Framework and Manual is titled “Diversity and Gender Mainstreaming” which includes a focus on persons with disabilities. Below are the main sections of this chapter.

8.0.0 Policy Statement

17 | P a g e

8.0.1 The Employer is committed to the provision of quality services to all Ghanaians by establishing, within the public service, a diversified workforce of qualified workers while ensuring that its obligations under the Labour Act and the Directive Principles of State Policy, as enshrined in Chapter 6 of the 1992 Constitution, are met.

8.0.2 The concept of diversity encompasses acceptance, respect and recognition of our unique individual differences. These are within the areas of ethnicity, gender, marital status, family status, socio-economic status, age, disabilities, HIV/AIDS/TB status, (and other diseases that could lead to stigmatisation), religious beliefs, political beliefs, cultural differences and conviction for an offence for which a pardon has been granted. It is about understanding each other and moving beyond simple tolerance to embracing and celebrating the rich dimensions of diversity in each individual.

8.0.3 Promoting diversity in the workplace reduces discrimination and improves productivity among workers. A working environment where cooperation and communication is encouraged and fostered will also naturally attract a more diverse group of potential public servants.

8.0.4 Diversity needs to be woven into hiring and promotion policies and practices, based on meritocracy —a system in which public servants are hired and promoted based on their merit and performance and not on gender, disability, political or any other considerations.

8.0.5 Mainstreaming diversity, especially gender and disability, can go a long way towards eliminating discriminatory policies and attitudes in the work environment.

8.0.6 Gender and disability mainstreaming is the process of assessing the implications for women, men and persons with disabilities, of any planned action, including legislation, policies or programmes, in any area and at all levels.

8.0.7 It is a strategy for making concerns and experiences of men, women and persons with disabilities an integral part of the design, implementation, monitoring and evaluation of the policies and programmes in all political, economic and societal spheres so that they benefit equally. The ultimate goal of gender and disability mainstreaming is to achieve equality for all at the workplace.

8.0.8 The Government through the PSC will therefore ensure the development of an inclusive, barrier-free work environment in which all persons, irrespective of age, disabilities, race, ethnicity, religion or beliefs, family status or political views have equal access to opportunities in the public service. Accordingly, diversity shall be integrated into the routine operations and core functions of all public service organisations.

8.0.9 In drawing up their human resource management policies in line with the Model in Chapter Two of this Manual, MDAs and MMDAs shall seek to achieve the principal objective of ensuring that the public service reflects and respects the diverse Ghanaian

18 | P a g e

society so that no person is denied employment opportunities or benefits for reasons unrelated to ability.

In promoting the principles of diversity the Framework and Manual further prescribes that all heads of Ministries, Departments and Agencies (MDAs) and of Metropolitan, Municipal and District Assemblies (MMDAs) shall:

A. reasonably accommodate the needs of all persons through all stages of the recruitment process to address undue hardships and disadvantages arising from discrimination;

B. demonstrate commitment to the implementation of decisions on recruitment in line with the organisation’s human resource plan so that there is no discrimination against anybody or groups of persons;

C. comply with existing legislations and other administrative instructions, which require, among other things, that organisations institute appropriate positive policies and practices to ensure that persons covered by this policy are accorded the requisite recognition, acceptability and opportunities within the public service to enable them perform to the maximum of their ability;

D. respect human rights policies which prohibit discriminatory practices on the basis of ethnic origin, religion, age, sex, marital status, family status, disability or conviction for an offence for which a pardon has been granted;

E. uphold principles and policies which provide all individuals with equal protection and equal benefit of the law without discrimination; and

F. ensure that the Human Resource Department or Unit promotes workplace diversity training to foster communication between diverse groups and introduce new strategies for collaboration and problem solving.

4.4. Workman’s Compensation Act 1987The Workman’s Compensation Act 1987 Act applies to employees employed by the Republic as well as private persons, except in the case of persons in the Armed Forces. The Act governs the compensation awarded to workers for personal injuries arising out of and in the course of their employment. It governs, among others things, the employer's liability in such cases, the distribution of compensation in the event of the worker's death, degrees of partial incapacity set forth in a schedule, determination of claims, remedies against the employer and third parties, payment of medical expenses and provision of medical aid, and occupational diseases. The Act of 1987 grew out of a study undertaken by the Tripartite National Advisory Committee on Labour and repeals the Workmen's Compensation Act 1963 and the 1966, 1968 and 1969 amendments thereto.

The PWD Act states further that; if a person suffers a disability as a result of employment, the employer is under an obligation to re-train or deploy the person to another section of the workplace which is more suited to the person’s disability and should give that person any relief that he/she is entitled to under the Workmen’s Compensation Law, 1987 (PWD Act, 2006, Clause 12).

19 | P a g e

5. Council for Technical and Vocational Education and Training Act, 2006 Council for Technical and Vocational Education and Training (COTVET) is a national body set up by the COTVET Act, 2006 to co-ordinate, oversee all aspects of technical and vocational education and training and to formulate policies for skills development across the broad spectrum of pre-tertiary and tertiary education, formal, informal and non-formal sectors.

The Technical Vocational Education and Training (TVET) system is established to improve the productivity and competitiveness of the skilled workforce and raise the income generating capacities of people, especially women and low income groups through provision of quality-oriented, industry-focused and competency-based training programs and complementary services.

Legal Instruments have been developed for the implementation of the Act and the Council for Technical and Vocational Education and Training Regulations of 2012 (LI 2195) amongst other things lays out the guidelines for registration and accreditation of training and service providers under COTVET. One requirement is that the training and service providers must have an assessment methodology that is free from barriers, which unnecessarily restrict access to the qualification including particular assessment requirements for learners with disabilities or learning difficulties (First Schedule, Regulation 24).

6. Education PoliciesThe Ghanaian Constitution, Article 25 (1) states that all persons shall have the right to equal educational opportunities and facilities, with a view of achieving the full realization of that right: basic education shall be free, compulsory and available to all. According to article 27 (3), women shall be guaranteed equal rights to training without any impediments from any person.

Ghana has had a parallel system of education at the basic level with mainstream schools and special schools for children with disabilities. Few children with disabilities have been enrolled in mainstream schools and most children with disabilities have been enrolled in segregated boarding schools located mainly at the urban centers outside the mainstream educational system. With an adult literacy level of 56.5% amongst persons with disabilities and with more than 25% of out of school children aged 6-14 having at least one form of known disabilities the challenges of access to formal education for persons with disabilities are evident (Inclusive Education Policy, 2013, draft).

6.1. Inclusive Education Policy, 2013In a response to these challenges, acknowledging the debate about segregated vs. inclusive education and acknowledging international commitments the Ghanaian Government developed a policy on Inclusive Education Policy in 2013. The Policy seeks to provide a framework for addressing issues of inclusive

education that relates to persons with mild and severer special educational needs at all levels of education- from kindergarten up to tertiary and adult education. The overarching goal of the policy is to redefine the delivery and management of education services to respond to the diverse needs of all pupils/students within the framework of Universal design for learning.

20 | P a g e

The Inclusive Education Policy is a national legally-binding policy which seeks to adapt the existing education system, transform special schools to serve as resource centres, improve school infrastructure and provide funding for this transformation. In order to promote a learner-friendly school environment, curricula and teacher training are reviewed and resources are provided as well as staff, community, and media are sensitized. Both private and public schools in Ghana must implement Inclusive Education and cannot deny admission. The Policy clearly defines the responsibilities of ministries and states the government is the principal funder. The implementation plan provides for the expected deliverables, including indicators, budget, timeframe, actors, and collaborating ministries or agencies. All institutions have to include Inclusive Education issues in their planning documents, which are reviewed annually. The policy will be reviewed every five years4.

In 2009, Inclusive Education was piloted in the Central, Greater Accra, and Eastern Regions, and by 2011 it was implemented in 529 schools. The Inclusive Education programme expanded from 29 districts in seven regions in 2011 to 216 districts in all 10 regions by 20165.

Legislation on Education in Ghana further includes the below. 6

6.2. The Education Strategic Plan (2010-2020) The Education Strategic Plan stipulates that, the Ministry of Education shall ―provide education for those with physical and mental impairments, orphans, and those who are slow or fast learners, by including them, wherever possible, within the mainstream formal system or, only when considered necessary, within special units or schools.

6.3. The Education Act, (2008)The objective of the Act is to provide for the establishment of an educational system intended to produce well-balanced individuals with the requisite knowledge, skills, values, aptitudes and attitudes.

6.4. The National Youth Policy, 2010 The theme of the National Youth Policy is: towards an empowered youth, impacting positively on national development. The purpose of the Policy is to empower and actively involve the youth of Ghana in productive activities; to enable each Ghanaian youth to develop his or her full potential and self-esteem and; to inspire the youth to develop the aptitude for creativity, innovation and self-discovery in improving their quality of life.

4 http://zeroproject.org/policy/ghana/ - accessed 25 February 2016. 5 http://zeroproject.org/policy/ghana/ - accessed 25 February 2016.6 It has not been possible to locate a copy of the final Inclusive Education Policy. The overview of relevant legislation is taken from the Inclusive Education Policy, 2013, draft.

21 | P a g e

22 | P a g e