Transcript Disability and Accessibility Rights

Presented During the National Conference held from 25th to 27th June 2012 at KICC
By:
Selina Iseme DCLC , PSCK
INTRODUCTION
 The Public Service Commission is established
under Article 233 of the Constitution.
 The functions of the Commission are spelt out in
Article 234 of the Constitution and they includea) establishment of public offices;
b) appointments and promotions;
c) disciplinary control;
d) promotion and reporting on the values in article
10 and 232 of the Constitution;
e) hearing appeals with respect to county
governments’ public service;
INTRODUCTION cont…
f) human resource development;
g) ensuring efficiency and effectiveness of the public service;
h) determining conditions of service, qualifications and
i)
j)
k)
l)
m)
codes of conduct for public officers;
determining the organization and administration of the
public service;
recommending persons to be appointed as principal
secretaries by the President;
receiving petitions for intended removal of the Director of
Public Prosecutions;
making relevant nominations as prescribed in law; and
performing any other function conferred by national
legislation.
ILO STANDARDS ON MAINSTREAMING DISABILITY AT THE
WORKPLACE
ILO guidelines on mainstreaming disability at the
Workplace require employers to ensure that PWDs
obtain and remain in employment without any
hindrance. This can be achieved through carrying
out reasonable adjustment more specifically by –
 ensuring that the mode of advertisement does not
indirectly discriminate against PWDs;
 allowing PWDs the use of support devices and
assistive services during the interview;
ILO STANDARDS ON MAINSTREAMING DISABILITY AT THE
WORKPLACE .
 providing employees with disabilities equal for
development ;
 providing employees with disability adapted
equipment, replacing steps with ramps or ensuring
walkways are wide enough for wheelchairs;
 allowing flexible work schedules to suit the needs
of the employee with disability;
ILO STANDARDS ON MAINSTREAMING DISABILITY AT THE
WORKPLACE
 rehabilitating and habilitating an employee who
acquires disability while already employed the
and putting in place return to work programme;
and
 if the employee is not in a position to resume the
previous employment then employee shall be
deployed to perform duties that match his /her
residual potential and skills.
POLICY DIRECTION TAKEN BY PSC TOWARDS IMPLEMENTING THE
PERSONS WITH DISABILITIES ACT.
PSC issued a Code of Practice On Mainstreaming
Disability in the year 2010. The objectives of the
Code are to  ensure that PWDs have equal opportunities in the
public service;
 improve employment prospects in the public
service for PWDs by facilitating recruitment,
return to work, job retention and opportunities for
advancement;
 promote a safe, accessible and healthy workplace
conducive to the needs of PWDs;
OBJECTIVES OF THE CODE cont…
 maximize the contributions which public officers with
disabilities can make to the Government;
 facilitate PWDs including learners with special
educational needs to access the workplace in the
public service for the purpose of internship and
attachment; and
 assure that the needs of PWDs are catered for in the
discharge of human resource functions and
management in the public service.
HIGHLIGHTS OF THE PSC CODE ON MAINSTREAMING
DISABILITY
Recruitment‐public entities shall recruit job
seekers with disabilities including those who have
not worked before and those who need to return to
work after a period of non‐employment;
Interviewing and testing Selection tests should be in a format that is
accessible to PWDs.
 candidates with disabilities should be permitted
to use of assistive and support devices and assistive
services like sign language interpreter or Braille,
presence of personal aide or service animal
during interviews.
HIGHLIGHTS OF THE CODE cont…
Where a public officer acquires disability while in
employment the need to ensurei. early intervention, referral to appropriate
services and rehabilitation;
ii. measures for a gradual resumption of work are
put in place;
iii. opportunities for the officer to test work or
obtain experience in an alternative job if the
officer is unable to resume the previous job;
iv. use of support and technical advice to identify
any opportunities and adjustments which might
be required;
HIGHLIGHTS OF THE CODE cont…
v. mitigating measures are put in place so as not
to exacerbate the existing condition of the
officer;
vi. identification necessary training or re‐training
for the officer;
vii. reasonable modifications or adaptations of the
job, work station or work environment;
viii. the provision of assistive or support devices and
assistive services for the officer;
HIGHLIGHTS OF THE CODE cont…
viii. the provision of assistive or support devices and
assistive services for the officer;
ix. the need to consult an officer before
redeployment on account of disability; the
officers occupational preferences should be
taken into account in decision making; and
x. in the event an officer acquires disability while in
employment taking measures aimed at
utilizing the residual potential and skills of the
officer before considering to take any other
steps;
ADMINISTRATIVE STEPS TAKEN TOWARDS IMPLEMENTING THE
ACT
Whenever a vacancy is advertised the Commission advertises the vacancies in the print media and the
Commission’s website;
 places radio alerts informing the public of the
advertisement of posts;
Further the commission
 maintains data regarding PWDs recruited to
ensure progressive achievement of the 5%
constitutional requirement;
 has customized four washrooms to meet the
ADMINISTRATIVE STEPS TAKEN TOWARDS IMPLEMENTING THE
ACT cont…
 has ensured availability of an interview board
room on the ground floor to ensure that
candidates who by reason of disability is not able
to access other floors do not miss out on
interviews(The structural make up of Commission
house cannot allow construction of a ramp to the
4th floor);
 upon request approves extension of service of
officers with disabilities as long as there is a
medical report confirming the nature of disability.
ADMINISTRATIVE STEPS TAKEN TOWARDS IMPLEMENTING THE
ACT cont…
 In addition to the measures outlined above the
Commission has advertised for consultancy
services for a baseline survey on the state of the
public service. One the parameters to be
measured include the number of PWDs in the
public service.
 The findings of the survey will inform further steps
to be taken.
GAPS AND CHALLENGES IN THE IMPLEMENTTATION OF THE ACT
 Almost ten years since the passage of the Act
accessibility both to public buildings and public
service vehicles still remains a challenge.
 The structural make up of some old buildings
makes it impossible for ramps to be constructed to
higher floors.
 The most common form of public transport is low
capacity vehicles(14 seater matatus) and because
of the size it may not be possible for them to be
customized to meet the needs of PWDs
GAPS AND CHALLENGES IN THE IMPLEMENTTATION OF THE ACT
 Although it is easier to identify physical disability
it is difficult to identify the other types of
disabilities and as such many programmes towards
mainstreaming disability may focus more on
physical disability only and not the other types of
disabilities.
 PWDs rarely disclose information on disability in
the application form .
 Very few candidates apply for jobs advertised by
PSC and so it may take time before the 5%
principle is realized.
POSSIBLE PUBLIC RESPONSE TO ADJUSTMENT ORDERS AND TAX
EXEMPTION
 There is bound to be resistance from the owners of
the buildings and PSVs on adjustment orders and
high implementation costs will be cited as the
reason.
 It is likely that there will be litigation that may
arise from the adjustment orders.
 As for tax exemption this may not elicit as negative
reactions as adjustment orders will.
STRATEGIES FOR IMPLEMENTING THE ACT
 Ministry of housing should have in place a
building Code that gives effect to the Act
 Local authorities should not to approve any
building plan unless the plan has taken into
account access needs for PWDs
 The Transport Licensing Board should not to
license any PSV unless the same is customized to
cater for the needs of PWDs; the earlier
government policy to phase out small capacity
vehicles should be pursued.
STRATEGIES FOR IMPLEMENTING THE ACT
 The learning institutions should afford PWDs
opportunities to equip themselves with skills that will
enable them access employment in order to achieve the 5%
principle.
 Government should ensure all buildings housing
government offices are responsive to the needs of
persons with disabilities.
 Alternatives should be provided relating to buildings
whose structural make up will not accommodate major
adjustments.
 intensive awareness creation on the requirement
needs for PWDs should be carried out in to avert
negative reactions that may follow adjustment orders.
STRATEGIES FOR IMPLEMENTING THE ACT
 Government could issue a policy to the effect that for
one to transact business with government their
businesses must be compliant to the Act so that before
a contract is awarded the supplier must be evaluated
on compliance with the Act.
 intensive awareness creation on the requirement
needs for PWDs should be carried out in to avert
negative reactions that may follow adjustment orders.
MONITORING IMPLEMENTATION OF THE ACT
 Institutions that are key in the implementation of the
Act are represented in the Council. These institutions
are able to enforce the Act though exercise of their
powers to grant approvals or licenses. In the
performance of these duties the institutions should
have in built monitoring mechanisms which they can
use as a basis of preparation of reports on compliance.
 Institutions charged with recruitment in the public
service should also have in built mechanisms to
monitor the realization of the 5% principle and every
year there should be a report on the percentage
representation of PWDs in the public service.
CONCLUSION
 The composition of the NCPWD is such that it is
possible for the objectives of the Act to be achieved if
deliberate measures are put in place.
 The access should not be limited to physical access
only but should include access to information and
opportunities.
 The private sector is key in ensuring the Act is
implemented and rewards and sanctions can be used
to rope in the private sector.
 Thank you