Application of Employment Indicators to the Selected Arab Countries

EMPLOYMENT INDICATOR 1:

The legal framework states that no person shall be denied employment on the basis of disability

Lebanon

Relevant legal clauses: the Disability Law guarantees the right to work and employment for persons with disabilities and for all citizens, and specifies that the State is committed to assist persons with disabilities to enter the labor market on the basis of equality and equal opportunities with others (Article 68). The law also states that disability should not represent an obstacle preventing any person from applying to a job or a position and that any provision that conditions the acceptance of a job application to the absence of a disability is considered void; competence exams and training periods are sufficient to accept or reject the employment of persons with disabilities, with due accommodation to their special needs to enable them to sit for tests when required (Article 69).

Conformity with the CRPD: According to Employment Indicator 1, the legal framework of Lebanon is in conformity with the CRPD as it clearly states that no person shall be denied employment on the basis of disability.

Conformity value: 2

The Sudan

Relevant legal clauses: the 2005 Interim Constitution prohibits discrimination in the access to work or employment on the basis of disability (art 12-2). 

Conformity with the CRPD: According to Employment Indicator 1, the legal framework of the Sudan is in conformity with the CRPD as it prohibits discrimination on the basis of disability in the access to work or employment.

Conformity value: 2

Tunisia

Relevant legal clauses: the Disability law states that disability does not constitute a ground to deny employment in the public or private sector to a citizen who is suitably qualified and the State should formulate plans and policies to promote the employment of persons with disabilities (Article 26). It also stipulates that no applicant may be denied an interview or test for a position in the public sector, in public facilities and in public and private institutions if s/he is suitably qualified to perform the work and if the position does not require special physical qualification according to internal regulations (Article 27).

Conformity with the CRPD: According to Employment Indicator 1, the legal framework of Tunisia is in conformity with the CRPD as it prohibits discrimination on the basis of disability in the access to work or employment.

Conformity value: 2

United Arab Emirates

Relevant legal clauses: The Disability Law guarantees persons with disabilities the right to work and hold a public-sector position. Disability cannot be an obstacle for recruitment and should be accommodated in the conduct of competence exams (Article 16).

Conformity with the CRPD: According to Employment Indicator 1, the legal framework of the United Arab Emirates is in conformity with the CRPD as it states that disability cannot be obstacle in the access to work. 

Conformity value: 2

EMPLOYMENT INDICATOR 2:

The legal framework states that workplaces in the public and private sector should be accessible to persons with disabilities

Lebanon

Relevant legal clauses: There appears to be no relevant legal clauses related to accessibility in the workplace in the readily available laws.

Conformity with the CRPD: According to Employment Indicator 2, the legal framework of Lebanon does not specifically state that workplaces should be accessible to persons with disabilities. 

Conformity Value: 0

The Sudan

Relevant legal clauses: There appears to be no relevant legal clauses related to accessibility in the workplace in the readily available laws.

Conformity with the CRPD: According to Employment Indicator 2, the legal framework of the Sudan  does not specifically state that workplaces should be accessible to persons with disabilities. 

Conformity Value: 0

Tunisia

Relevant legal clauses: Decree 1467/2006 states that workplaces should be made accessible for persons with disabilities (Article 33).

Conformity with the CRPD: According to Employment Indicator 2, the legal framework of Tunisia is in conformity with the CRPD as it specifically states that workplaces should be accessible to persons with disabilities.

Conformity Value: 2

United Arab Emirates

Relevant legal clauses: There appears to be no relevant legal clauses related to accessibility in the workplace in the readily available laws.

Conformity with the CRPD: According to Employment Indicator 2, the legal framework of the United Arab Emirates does not specifically state that workplaces should be accessible to persons with disabilities. 

Conformity Value: 0

EMPLOYMENT INDICATOR 3:

The legal framework states that employers have an obligation to provide reasonable accommodation to persons with disabilities

Lebanon

Relevant legal provisions: The Disability Law states that the special needs of persons with disabilities should be accommodated to allow them to participate in recruitment competence tests whenever required (Article 69).

Conformity with the CRPD: According to Employment Indicator 3, the legal framework of Lebanon does not specifically state that employers should provide reasonable accommodation to persons with disabilities. The legal framework of Lebanon limits the obligation of accommodation to the recruitment process and therefore does not comply with the CRPD obligation to provide “reasonable accommodation” in employment.

Conformity value: 0

The Sudan

Relevant legal clauses: the Disability Law states that reasonable means of accommodation should be provided in the workplace to accommodate the various situations of persons with disabilities (Article 4-2-h). 

Conformity with the CRPD: : According to Employment Indicator 3, the legal framework of the Sudan is in conformity with the CRPD as it explicitly states that employers should provide reasonable accommodation to persons with disabilities in the workplace.

Conformity value: 2

Tunisia

Relevant legal clauses: There appears to be no relevant legal clauses related to reasonable accommodation in the workplace in the readily available laws.

Conformity with the CRPD: According to Employment Indicator 3, the legal framework of Tunisia does not specifically state that employers should provide reasonable accommodation to persons with disabilities. 

Conformity Value: 0

United Arab Emirates

Relevant legal clauses: The Human Resources Law provides that persons with disabilities employed in the public sector should be provided with all suitable means to enable the performance of the job requirements and the workplace should be equipped with the means and requirements that are suitable to the nature of their special needs (Article 14). It is worth noting that Local law No. 27 of 2006 issued in the Emirate of Dubai related to the administration of human resources in public administrations under the authority of the Emirate of Dubai includes similar provisions.[1] There appears to be no similar provisions applicable to employers in the private sector

Conformity with the CRPD: According to Employment Indicator 3, the legal framework of the United Arab Emirates is partly in conformity with the CRPD as it states that employers in the public sector should provide reasonable accommodation to persons with disabilities, but does not extend this obligation to the private sector.

Conformity Value: 1

EMPLOYMENT INDICATOR 4:

The legal framework establishes measures to increase the employment of persons with disabilities in the public sector

Lebanon

Relevant legal clauses: the Disability Law states that a quota of 3 per cent of the overall categories and positions in the public sector should be reserved to persons with disabilities (Article 73). 

Conformity with the CRPD: According to Employment Indicator 4, the legal framework of Lebanon is in conformity with the CRPD as it establishes a quota mechanism that aims to guarantee and increase the employment of persons with disabilities in the public sector.

Conformity value: 2

The Sudan

Relevant legal clauses: The Disability Law states that the right of persons with disabilities to employment in public sector should be ensured (Article 4-2-e). The National Civil Service Law reserves a quota of no less than 2 per cent of positions in the public sector for persons with disabilities, taking into consideration the nature and requirements of the work and the nature of the disability (Article 24-4). The Child Law also specifies that the Minister of Labor should reserve positions in the public sector for children with disabilities according to the required scientific qualifications (Article 52).

Conformity with the CRPD: According to Employment Indicator 4, the legal framework of the Sudan is in conformity with the CRPD as it establishes a quota mechanism that aims to guarantee and increase the employment of persons with disabilities in the public sector.

Conformity value: 2

Tunisia

Relevant legal clauses: The Disability Law states that a quota of no less than 1 per cent of the annual appointment for public service should be allocated in priority to persons with disabilities who meet the required conditions and are qualified to perform the job (Article 29). Public institutions are subject to the same regime as private institutions regarding the promotion of the employment of persons with disabilities (Article 30). Following the revolution, exceptional provisions were issued by the national constitutive assembly for the appointment of persons with disabilities in the public sector through an external recruitment process on the basis of Law 4/2012 and Decree 833/2012; these provisions specify that the external recruitment process does not apply to the recruitment of persons with disabilities within the quota established by the Disability Law. A Decision of the Prime Minister of 7/11/2012 establishes a common committee responsible for the examination of the applications submitted by candidates with disabilities, on the basis of criteria to be established by the committee. 

Conformity with the CRPD: According to Employment Indicator 4, the legal framework of Tunisia is in conformity with the CRPD as it establishes a quota mechanism that aims to guarantee and increase the employment of persons with disabilities in the public sector.

Conformity value: 2

United Arab Emirates

Relevant legal clauses: the Disability Law states that specific legislation will guarantee the access of persons with disabilities to the public and private sector, and that a government decree will determine a quota of positions to be reserved for persons with disabilities in the public and private sector (Article 18). The 2000 Civil Service Law also provides that a decree will determine the number and types of positions that should be reserved for persons with disabilities and the conditions for their appointment (Article 20). However, no such decree was found to be readily available during the data collection process. The Human Resources Law states that persons with disabilities should be granted priority in appointment to the positions that have tasks that are suitable to their health conditions (Article 14). It is worth nothing that Local Law No. 1 of 2006 as amended by Local Law No. 1 of 2008 issued by the Emirate of Abu Dhabi and related to the civil service in administrations under the authority of the Emirate of Abu Dhabi reserves a quota of 2 per cent of the vacancies in the civil service of public administrative bodies that are under its authority for persons with disabilities.[2]

Conformity with the CRPD: According to Employment Indicator 4, the legal framework of the United Arab Emirates is in conformity with the CRPD as it establishes a quota mechanism that aims to guarantee and increase the employment of persons with disabilities in the public sector, even though the details of this mechanism have not been found in the readily available laws. As the Employment Indicator 4 aims to measure the presence or absence of mechanism, a conformity value of 2 is assigned to the United Arab Emirates because it establishes a quota mechanisms but defers the details of its implementation to another decree that appears not to have been issued yet.

Conformity value: 2

EMPLOYMENT INDICATOR 5:

The legal framework establishes positive measures that aim to encourage the employment of persons with disabilities in the private sector

Lebanon

Relevant legal clauses: The Disability Law establishes an employment quota for the private sector. The quota varies according to the numbers of employees: employers with between 30 to 60 employees are required to employ one person with disabilities who meets the required qualifications; private institutions with more than 60 employees are required to reserve a quota of 3 per cent for persons with disabilities who meet the required qualifications. In case of non-conformity with this obligation, the employer is required to pay a fine to the Ministry of Labour. The Disability Law also establishes incentives allowing employers to benefit from tax reductions in the event that they exceed the legal quota (Article 75). 

Conformity with the CRPD: According to Employment Indicator 5, the legal framework of Lebanon is in conformity with the CRPD as it establishes a quota mechanism that aims to guarantee and increase the employment of persons with disabilities in the private sector and includes enforcement mechanisms to ensure conformity with the quota.

Conformity value: 2

The Sudan

Relevant legal provisions: there appears to be no relevant clauses in the readily available laws. It is worth mentioning that the Child Law states that the Minister of Labour encourages the private sector to employ children with disabilities according to their qualifications (Article 52). 

Conformity with the CRPD: According to Employment Indicator 5, the legal framework of the Sudan does not establish positive measures that aims to encourage the employment of persons with disabilities in the private sector.

Conformity value: 0

Tunisia

Relevant legal clauses: The Disability Law requires public and private institutions[3] that employ more than 100 employees to reserve a quota of no less than 1 per cent of positions for persons with disabilities (Article 30). The Disability Law (Article 31) and Decree 3087/2005 (Article 6) allow employers who are unable to meet this obligation to have recourse to alternatives to direct employments under certain conditions (such as allowing persons with disabilities to work off-site, the purchase of products made by self-employed persons with disabilities or at centers of disability-related associations). The Disability Law states that in cases of non-conformity with the obligation for direct employment or its alternatives, the employer must pay a financial contribution to the National Fund for Social Solidarity, which will be allocated to finance projects for the promotion of the employment of persons with disabilities (Article 33). The Disability Law also outlines various incentives for employers in the private sector to encourage them to meet their obligation of direct employment such as exemption from social security contributions, taxes for vocational training and contributions to the fund for the promotion of housing (Article 34). Decree 3087/2005 also specifies that the level of exemptions increases with the degree of severity of the disability of the person employed in order to encourage the employment of persons with severe disabilities (Article 9). The Disability Law provides that the violation of these provisions related to the employment by public and private institutions is coupled with financial sanctions (Article 53) and that labor inspectors are responsible for ensuring their conformity (Article 54). 

Conformity with the CRPD: According to Employment Indicator 5, the legal framework of Tunisia is in conformity with the CRPD as it establishes a quota mechanism that aims to guarantee and increase the employment of persons with disabilities in the private sector, and includes enforcement mechanisms to ensure conformity with the quota

Conformity value: 2

United Arab Emirates

Relevant legal clauses: the Disability Law states that specific legislation will guarantee the access of persons with disabilities to the private sector and a government decree will determine a quota of positions to be reserved for persons with disabilities in the private sector (Article 18). However, no such decree was found. 

Conformity with the CRPD: According to Employment Indicator 5, the legal framework of the United Arab Emirates is in conformity with the CRPD as it establishes a quota mechanism that aims to guarantee and increase the employment of persons with disabilities in the private sector. Even though the implementation mechanisms appear to be missing, the framework is found to be in conformity with the CRPD as it already introduces positive measures in the law. 

Conformity value: 2