Policies and Legislation Supporting the Employment of Persons with Disabilities in the ESCWA Region

Prior to the Arab Decade for Disabled Persons in 2004, disability-related legislation was scattered among different sectoral laws and policies, and focused mainly on the role of the State in providing basic social and rehabilitation services in collaboration with community-based organizations, religious and charitable entities and other civil society institutions. It was only after 2004 that countries of the region started to pay more attention to disability concerns. This interest gained impetus following CRPD, with countries enacting new disability-specific laws, as in Bahrain, the Syrian Arab Republic and the United Arab Emirates; or revamping existing ones, as in Jordan.

As the following discussion shows, the new provisions have mainly appended accessibility requirements, tax exemptions and employment quotas in favour of persons of disabilities. There is still a need to develop and strengthen anti-discrimination policies, active labour market policies, monitoring and consultative mechanisms between the State and representatives from employers and workers, particularly persons with disabilities. The discussion is divided into two parts. The first offers a review of the general aspects of national legislation concerning persons with disabilities to ascertain whether governments have enacted laws aimed at protecting individuals from discrimination at work on the grounds of disability. This can take the form of a general legislation, special legislation or a combination of the two types. Attention is drawn to the fact that such legislation does not necessarily differentiate between public and private sector employment, which constitutes an issue that could eventually require further investigation. The second part briefly points to the social security programmes that offer disability insurance in the region, recognizing that it is beyond the scope of this paper to discuss such programmes in detail.

1. Bahrain

Bahrain passed the Law on the Care, Rehabilitation and Employment of Persons with Disabilities (No. 74 of 2006).[1] According to this Law, persons with disabilities enjoy the same rights and privileges as other employees working in the same company. The Law also makes provisions for business owners employing 50 or more employees to hire persons who are nominated by the Ministry of Labour and who have completed the rehabilitation programme. All institutions and companies hiring persons with disabilities need to provide, on a periodic basis, a record of the number and salaries of employed persons with special needs. Employers failing to adhere to these regulations or denying the employment of an individual on the grounds of disability are fined a penalty ranging between the equivalent of $530 and $1326.  Alternatively, employers are required to pay the applicant a sum equal to the remuneration of the job for which that person was qualified. Moreover, the national legislation provides tax exemptions on all assistive technologies, support devices, and training and rehabilitation equipment.[2]

2.  Egypt

The Government of Egypt encourages vocational training tailored to the capacities of persons with disabilities. The Law on the Rehabilitation of the Disabled (No. 39 of 1975), as amended in 1982, stipulates that public sector institutions and private sector organizations with 50 or more employees must ensure that individuals with disabilities comprise at least five per cent of their workforce either voluntarily or as identified by the National Labour Force Office. Violation of this Law results in paying a levy or imprisonment.[3]

Weak enforcement and negligible fines, of a mere $20 per employee below quota, have resulted in low compliance.[4] Following the Convention, the Government amended laws and ministerial decisions with regard to equal rights, non-discrimination and equal opportunities for persons with disabilities, education and training, employment, transportation, and access to buildings and outdoor spaces.[5] It also adopted community-based rehabilitation as a broad strategic approach to the integration of persons with disabilities into society.[6]

3.   Iraq

In Iraq, the number of persons with disabilities is higher than the international average as a result of conflict and terrorism. The latest survey on disability in Iraq points to some 1 million people with disabilities, with a majority suffering from psychological conditions.[7] A certain proportion of Government positions are assigned to persons with disabilities, and relevant legislation has been enacted with the support of NGOs. A number of conferences and workshops have been held in order to raise awareness of the rights of persons with disabilities and to promote their integration into society.[8]

4. Jordan

Jordan, which stands out by demonstrating high political buy-in to the case of persons with disabilities, explicitly strives to achieve greater social inclusion of persons with physical disabilities by enhancing the availability and accessibility of social services. This is evident in the Law on the Rights of Persons with Disabilities (No. 31 of 2007), which represents an important shift from the welfare approach to disability to a rights-based approach.[9] 

Article 4 (c) of the Law requires all public and private establishments with 25 employees or more to appoint at least one person with a disability. In cases where the number of workers exceeds 50, 4 per cent of all employees should be persons with disabilities. Article 12 mandates private sector institutions that do not respect the quota to pay a fine equal to twice the minimum wage, or the equivalent of $211, for each person with disabilities who has been denied employment. The fine is doubled if the violation is repeated. The Labour Inspection Department within the Ministry of Labour is in charge of monitoring non-compliance by carrying out inspections and receiving complaints from employees, including persons with disabilities. It is important to note that Article 28 of the Labour Law in Jordan is expected to be amended to determine the selection and appointment criteria of employees with disabilities in the public sector.[10]

The other main policy document on disability in Jordan that promotes the rights of persons with disabilities and their participation in the labour force is the National Strategy for the Affairs of Persons with Disabilities (2007-2015). The Strategy enhances accessibility to and in the workplace and provides monetary incentives to institutions that show commitment in hiring and training persons with disabilities. In terms of taxation, persons with disabilities are exempted from paying taxes on all assistive devices and equipment related to rehabilitation and training, including a one-time exemption from customs incurred on transportation means. Work permit fees of foreign domestic helpers and care providers are also excluded for persons with severe disabilities.[11]

5. Kuwait

In Kuwait, the Disability Law (No. 49 of 1996) was passed compelling government agencies and civil society institutions that employed 50 workers or more to include a minimum of 2 per cent of Kuwaiti workers with disabilities among their staff, as nominated by the Office of Employment.[12] In 2010, the Law was replaced with the more comprehensive Disability Rights Act (No. 8 of 2010). The Act stipulates the health-care, educational and employment rights of nationals and expatriates with special needs. Within that framework, employers with a workforce of 50 persons or more in both the public and private sectors must recruit at least 4 per cent of their staff from vocationally rehabilitated persons with disabilities.

The Disability Rights Act also provides for penalties for officials of State-owned institutions or corporations and for private employers who fail to employ a disabled nominee without a reasonable justification. It also stipulates punishments for employers who fail to recruit the set percentage of disabled persons out of their workforce. Furthermore, State agencies are mandated to include disability-friendly designs in infrastructure, public transport, parking, housing and other public utilities. Moreover, persons with disabilities are entitled exemptions on tax and duties on rehabilitation services as well as assistive technology and devices. 

6. Lebanon

The experience of Lebanon can be quoted as a leading model in participatory decision-making in the field of disability.[13] The Rights and Access Programme (R&A), which was created in 1994, helped to shift the common approach to disability from care to rights. It established an administrative infrastructure that allows the targeting of the needs of persons with disabilities more directly and facilitates access to the required services provided by public and private institutions.[14]

In addition to the Programme, the Law on the Rights of Persons with Disabilities (No. 220 of 2000) emphasizes that persons with disabilities have an equal right to work and pay, and underscores the commitment of the Government in assisting persons with disabilities to enter the labour market. Under the Law, all public and private establishments employing 30 to 60 workers must hire at least one person with a disability who possesses the required qualifications for the job. When the number of workers exceeds 60, a quota of 3 per cent applies. Employers are bound to a penalty of twice the minimum wage for every qualified individual who was not recruited. Moreover, employers who hire more than the quota are awarded a discount on their income tax.[15]

Persons with disabilities are entitled to free health care and rehabilitation services, and organizations for persons with disabilities are exempted from taxes incurred on all devices and equipment used for medical, educational and rehabilitation purposes, in addition to taxes on cars and other personal means of transport.[16]  A disability card is used to encourage persons with disabilities to register themselves at the Ministry of Social Affairs and obtain relevant services, thereby helping to gather important statistics on disability in the country.[17]

7. Oman

The Ministry of Social Development in Oman coordinates with the concerned authorities to provide appropriate rehabilitation and professional training in order to support persons with disabilities in accessing the labour market. The Law on the Welfare and Rehabilitation of Disabled Persons (No. 63 of 2008) requires State agencies and business owners who employ 50 workers or more to hire persons with disabilities, who are nominated by the Ministry of the Labour Force, according to the jobs or occupations that are vacant. All workers appointed under this scheme enjoy the same rights and benefits provided to other employees. Employers who violate this law pay a fine ranging between the equivalent of $519 and $1297; and the penalty is doubled when the offence is repeated. The court has the authority to compel the employer to pay an amount equal to the basic wage for the job the worker was nominated for.

The Ministry also helps families in need by providing supportive equipment and devices. In addition, all concerned authorities are required to adhere to the international standards for promoting accessibility in public spaces, transportation and buildings. Moreover, taxes are waived on disability assistive equipment, tools and rehabilitation devices used in rehabilitation centres or imported for personal use.

8. Palestine

Services for the disabled population in the West Bank and Gaza Strip are provided through governmental organizations, NGOs and the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA). Since the late 1980s, a focus on community-based rehabilitation services has been a cornerstone in disability planning and programming in Palestine. The Law on the Rights of the Disabled (No. 4 of 1999) delegates the Ministry of Social Development to coordinate with all relevant bodies and train technical personnel on working with the various types of disabilities, and to guarantee the right of persons with disabilities to participate in rehabilitation and vocational training on the basis of equal opportunity. The Law also stipulates that the number of workers with disabilities in the public sector and NGOs should represent no fewer than 5 per cent of staff in each organization. It also requires employers to consider the nature of the disabilities in assigning work and to make reasonable accommodation at the workplace. Incentives to hire persons with disabilities are provided to private businesses by deducting part of the salaries from the income tax fixed on these institutions.[18] Pursuant to the provisions of the Law, all medical and education equipment as well as aid instruments and transportation means are exempt from fees, customs and taxes.

9. Qatar

Qatar has made several efforts at the legislative and institutional levels in order to raise awareness and protect the rights of persons with disabilities. Persons with disabilities are entitled to free education, health and rehabilitation services and equipment. The Law of Persons with Disabilities (No. 2 of 2004) calls on employers to hire at least one person with special needs for every 25 persons employed, and allocates 2 per cent of all public jobs to persons with disabilities who possess the right skills and qualifications.[19] The Law imposes a penalty equivalent to $5492 in cases of discrimination against persons with disabilities.[20] In addition, rehabilitation and social support centres catering for persons with disabilities are exempted from registration fees.

10. Saudi Arabia

In Saudi Arabia, the 2000 Law on the Care of Disabled Persons (Royal decree M/37 of 23/9/1421H) covers all types of employment that fit the capabilities and qualifications of persons with disabilities and provides them with the opportunity to earn a decent living on par with any other member of society. It also encourages vocational training, with a view to matching the labour market demands and increasing productivity and performance in the workplace.  In addition, the Government seeks to help qualified persons with disabilities in finding adequate employment opportunities in the public and private sectors in line with their specialization and the nature of their disability. Employment opportunities in public services are provided for fresh graduates in coordination with the Ministry of Civil Service and its subsidiaries, and according to the number of available posts. Employment in the private sector is provided in coordination between rehabilitation centres and national offices for employment. The Law also requires private establishments with 50 or more workers to employ persons with disabilities who have been vocationally rehabilitated at the rate of 2 per cent of total staff, and to make available reasonable working conditions that are commensurate with their skills and capabilities. 

The Ministry of Social Affairs has established a programme aimed at encouraging self-employment for persons with disabilities who have been rehabilitated through the provision of personal grants and support. Moreover, persons with disabilities are eligible for a card that allows them and their attending persons to obtain a 50-per-cent reduction on public transportation fares, including air, land and sea travel.

11. Sudan

Sudan has enacted two specific instruments in favour of disabled persons, namely: the Act on Welfare and Rehabilitation of Disabled Persons (1984); and the Law on the Privilege of War Disabled (1998).  The Act makes provision for measures aimed at promoting employment for persons with disabilities by managing their reintegration in the public and private sectors, and by allocating 2 per cent of all public positions for their recruitment. Specifically, the Act states that disabled persons benefit from fiscal exemption measures when purchasing equipment for their work, as well as exemption from income tax.[22]  In March 2009, Sudan signed the Convention on the Rights of Persons with Disabilities and approved a new National Law for Disabled Persons.  The law which overrides the Law of 1984, was developed in participation with organizations for persons with disabilities and provides a number of measures to protect the rights of persons with disabilities in the area of education, training, rehabilitation, accessibility and work.  The new Law lays a framework for the establishment of a national council for the formulation and implementation of disability policies and programmes.  In addition, it provides for the establishment of a national fund for disabled persons aiming at financing rehabilitation and training activities.[23]   

12.  Syrian Arab Republic

Under the provisions of the Labour Law (No. 17 of 2010), establishments employing 50 workers or more are required to employ persons with disabilities either independently or as nominated by the public employment offices, according to a quota of 2 per cent of the total number of workers, provided that they have been vocationally trained. All persons with disabilities who are employed are granted the same rights as other workers under the Labour Law in terms of equal pay for equal work, social security benefits, disciplinary measures and discharge from work.[24]  

All persons holding a disability certificate are exempted from access fees to public places, such as touristic and cultural sites. In addition, persons with disability and their escorts can benefit from a 50 per-cent reduction on air, sea and land transport.[25]

13. United Arab Emirates

The United Arab Emirates launched the Humanitarian Services Initiative aimed at rehabilitating and promoting employment for persons with disabilities by facilitating their entry into the job market.  The Federal Law on the Rights of People with Special Needs (No. 29 of 2006) states that the Ministry of Social Affairs is bound to cooperate with the competent authorities for the purpose of establishing centres and special institutions that provide care and training for people with special needs, facilitate their integration in the community and train the families of persons with disabilities on appropriate ways for dealing with disability. Article 3 of the Federal Law emphasizes the role of the State in mainstreaming equality in national legislation, policies and development programmes, and in taking appropriate measures to fight discrimination on disability grounds. In 2009, the Government issued a new Federal Law (No. 14 of 2009 to amend No. 29 of 2006), under which, in Article 1, the terms “the disabled” and “disabled individuals” are replaced, wherever these occur, by “individuals with special needs”.[26]

In addition, the legislation states that modes of transportation used by persons with special needs are exempt from all taxes and fees, based on a disability certificate, and that all cases filed by people with special needs related to the implementation of the provisions of the Law are exempt from legal fees. Under a recent scheme, persons with disabilities and elderly people in Abu Dhabi are set to be entitled to a discount on taxi fares of up to 50 per cent.[27]

14. Yemen

In Yemen, there are two main national strategies addressing people with disability, namely: the National Disability Strategy that, while directly addressing persons with disabilities, has still not been completely developed; and the National Protection Strategy that includes persons with disabilities as a sub‐group alongside other vulnerable groups. The Ministry of Social Affairs and Labour is the main State body responsible for managing disability issues in Yemen. The Disability Directorate has been established within the Ministry to support the initiatives of NGOs and disabled persons organizations (DPOs) aimed at building their capacity and at supervising public centres that provide services to persons with disabilities. 

The Law on the Care and Rehabilitation of Disabled Persons (No. 61 of 1999) entitles persons with disabilities to the rights of education, employment, free medical care, rehabilitation services and accessibility to public buildings. The Disability Fund was established under Law No. 2 of 2002 and provides financial support to State programmes targeting disability as well as support to NGO activities.  According to Law No. 2 of 2002, 5 per cent of all public and private sector jobs should be reserved for people with disabilities who have rehabilitation certificates. Employers need to ensure proper working conditions for persons with disabilities, in line with their merits and disability. In addition to tax and customs exemption on equipments, means of transport and products crafted by persons with disabilities, the Ministry of Social Affairs and Labour encourages small income-generating projects by providing facilities, privileges and easy loans.[28]

In conclusion, while the majority of ESCWA member countries have implemented a quota-levy system (see table 8), it is not entirely clear how legislation is enforced or monitored. Moreover, it is uncertain how penalties are collected from those employers who fail to comply with the quota and if the monies are used to finance initiatives or programmes addressing the rehabilitation and training needs of persons with disabilities, or to subsidize workplace adaptation.

Source: Compiled by ESCWA.

Notes: a/ It is not specified whether the quota is in the public or private sector. Two dots (..) indicate that data are not available.

Box 5. Guide for the rights of persons with disabilities in the GCC subregion