MIZAN-TEPI UNIVERSITY

SCHOOL OF LAW
TITLE: EMPLOYMENT RIGHT OF PERSON WITH DISABILITIES IN ETHIOPIA:
APPRAISAL OF LAW AND PRACTICE IN SOUTHERN NATION NATIONALITIES
AND PEOPLES OF ETHIOPIA REGIONAL STATE, THE CASE BENCH-SHAKO
ZONE.

A Senior Thesis Submitted to Mizan Tepi University School of Law in Partial

Fulfillments of the Requirements for the Degree of Bachelor of Law (L.L.B):
at Mizan Tepi University.

By: JOTE ASEFA

ADIVISOR: WONDU TAMIRE [LLB, LLM]

ID NO. SLR: 050/08

 JANUARY 2012

MIZAN TEFARI, ETHIOPIA

Declaration

I Jotes Asefa hereby declare that the thesis entitled the Employment Right of Person with

Disability in Ethiopia appraisal of law and practice: case of Bench Shako zone is my original

work has not been presented for partial fulfillment of degree in any other universities or

institutions and that all materials used for this thesis has been duly acknowledged.

Jote Asefa

Signature………….

Date…………………

ii
Employment Right of Person with Disability in Ethiopia appraisal of law and practice: case of
Bench Shako zone

By: Jote Asefa

Approved by

1. Advisor

Name………………

Date……………….

Signature………….

2. Examiner

Name ………………

Date…………………

Signature…………..

iii
Acknowledgment

First of all I would like to say thanks our God Jesus because nothing can be proposed and
performed without the wish and support of God. Next to this I want to express my gratitude to
my advisor, Mr. Wondu Tamire for his support, encouragement, patience, kindness, willingness
to accomplish this thesis. I also want to thanks Mr.mathewos Gobchu Bench Sheko zone civil
service human resource chief coordinator and other civil service officers in Mizan Aman town
and all employees of PWDs of and other employees of public civil service sector for their
cooperation to give necessary information during interview. Special thanks go to my families for
their material support and advice is back bone for my success throughout my life.

Finally my gratitude thanks goes to all 2012 graduate of school of law students and lectures for
their ideal and moral support and cooperation. Love you all!!!

iv
Abstract
The concept Employment right of person with disability is the dynamic and variable concept.
This study investigates the employment right of person with disability in SNNP regional state of
Bench Shako Zone of Mizan Aman Town. It penetrate to analysis the employment right of
person with disabilities that has been incorporated and recognized under International, regional
human right instruments and as well as in national laws like 1995 FDRE constitution, labor
proclamation No 1156/2011, Federal civil servant proclamation No.1064/2007, the employment
right of PWDs proclamation No.568/2008 and under federal building proclamation No.629/2009
was investigated. The study contained the practical treatments and inclusion of PWDs to enjoy
employment right. The research was conducted by using qualitative with Interview data
collection method. The research was accomplished by using both primary and secondary data
sources. Though the law provides the employment right of PWDs but due to the lack of
regulation, some legal gaps and other practical challenges hindered the realization of
employment rights of person with disabilities. Finally based on the findings the research made
recommendation that the HPR do have made amendement in order to incorporated the provision
regarding the degree of disabiled person required to be benefited from reasonable
accommodation and the council of ministers do have to enact regulation for the implementation
of procl. No.568/2008 .And in addition to these the SNNP of the Bench sheko zone public civil
servent sectors do have work on iproving the equal employment opportunities of PWDs by
providing reasonable accommodation, affirmative action and by avoiding discrimination towards
the treatments of PWDs and creating awareness to the public as a whole plus to the public officer
particularly.

v
 Table Contents

Contents
TAcronyms and Abbreviation................................................................................v

CHAPTER ONE......................................................................................................1

INTRODUCTION...................................................................................................1

1.1 Background of the study......................................................................................1

1.2 Statements of the problem...................................................................................5

1.3 Objective of the study..........................................................................................7

1.3.1 General objective............................................................................................7

1.3.2 Specific objectives...........................................................................................7

1. 4 Research questions.............................................................................................7

1.5 Significance of the study...................................................................................8

1.6 Scope of the study.............................................................................................8

1.7 Review of Related Literature...............................................................................9

1.8 Methodology and Data sources......................................................................10

1.9 Methods of Data Analysis.................................................................................10

1.10 Limitation of the research................................................................................10

1.11 Organization of the research..........................................................................11

CHAPTER TWO...................................................................................................11

vi
CONCEPTUAL FRAME WORK OF EMPLOYMENT RIHGT OF PERSON
WITH DISABLITY...............................................................................................11

2.1 Introduction.......................................................................................................11

2.2 Definition of Disability......................................................................................12

2.2.1 Models of Disability......................................................................................12

2.2.2 Legislative Definition of Disability..............................................................13

2.3 Historical Development of Employment Right of Person with Disability........14

2.4 Significance of Employment Right for Person with Disability as a Human

Right Issue...............................................................................................................15

2.5 Employment Opportunities of Person with Disabilities....................................16

2.6 Provision of Reasonable Accommodation to Person with Disabilities.............16

2.6.1 Reasonable Accommodation........................................................................16

2.6.2 Pre requirement to provide reasonable accommodation..........................17

2.6.3 The Affirmative action measures................................................................17

2.6.4 Inherent Job requirement............................................................................17

CHAPTER THREE...............................................................................................18

LEGAL FRAME WORK OF EMPLOYMENT RIGHT OF PERSON WITH

DISABILITY..........................................................................................................18

3.1 Introduction.......................................................................................................18

3.2 International Human Right Instruments............................................................18

3.3 Regional Human Right......................................................................................19

3.3 .1 African charters on human and people’s right.........................................19

vii
3.4 National laws.....................................................................................................19

3.4.1 Federal Democratic Republic of Ethiopian Conistitution1995...............19

.4.3 Employment Right of PWDs under the Federal Civil Service

proclamation No.1064/2007..................................................................................21

3.4.4 SNNP Regional Civil Servant Proclamation No.--/2018...........................22

3.4.5 Ethiopian Building proclamation No .624/2009.........................................22

3.4.6 Employment rights of person with disabilities under right to

employment of PWDS Proclamation No.568/2008.............................................23

CHAPTER FOUR.................................................................................................27

THE PRACTICAL IMPLIMENTETION OF THE EMPLOYMENT RIGHT

OF PERSON WITH DISABILITY IN BENCH SHAKO ZONE: THE LAW
AND PRACTICE...................................................................................................27

4.1 Introduction.......................................................................................................27

4.2 Practical Analysis of Employment Right of PWDs in public civil sector.........28

4.2.1 Person with Disability and the Right to Protection from Discrimination
.................................................................................................................................28

4.1.2 The right get equal salary and other benefits for the similar work.........29

4.1.3 Person with disability and Reasonable accommodation for the

realization of employment opportunity of them.................................................30

4.2.4 The right to equal Employment opportunity and the awareness of person
with disability to be employed in public sector...................................................31

4.2.5 The right to occupy a vacant post in any office by recruitment,

promotion, placement, transfer procedure or other employment condition and
its criteria...............................................................................................................33
viii
4.3 The right to get measures to improve the employment opportunities of PWDs
.................................................................................................................................34

CHAPTER FIVE...................................................................................................35

CONCLUSION and RECOMMENDATION.....................................................35

5.1Conclusion..........................................................................................................35

5.2 Recommendation...............................................................................................36

REFERENCE........................................................................................................39

Annex......................................................................................................................42

ix
TAcronyms and Abbreviation
ACHPR…………………………African Charter on Human and People's Rights

Art………………………………Article

C…………………………………Century

AU...………………………………..African Union

CRDP…………………………...Convention on Right on Disabled Person

EU………………………………European Union

FDRE…………………………...Federal Democratic Republic of Ethiopia

HIV/AIDS………………………Human Immune Various Acquired Immune Deficiency

Syndrome

ICCPR ………………………….International Covenant Civil and Political Right.

ICCPR…………………………..Internationals Labor and Social Affairs

ICESCR…………………………International Convention on Economic Social and

Cultural

Right

ILO……………………………...International Labor Organization

MOLSA………………………...Ministry of Labor and Social Affairs

No………………………………Number

PWDs…………………………...Person with Disabilities

UN……………………………...United Nation

UNCRDP……………………....United Nation Convention on Right of Disabled Person

UNGA………………………….United Nations General Assembly

PP……………………………….page

x
CHAPTER ONE

INTRODUCTION
1.1 Background of the study
Disability is the probable fact that may be faced to human being in the process of life. Person
may be permanently or temporarily disable in some stage of his life. Employment is a central to
the ability of person with disabilities to maintain a decent standard of living for themselves and
for their families and is an important factor influencing their opportunities to participate fully in
society.1Because work is a defining feature of human existence and in many societies the ability
to work is viewed as one of the most important ways in which people can make their individual
contribution to their communities. However, there may be discrimination between non-disabled
and disabled person in equal accessing of employment opportunities. Even in real social life
person permanently disabled and temporarily disabled persons do not provided equal
employment opportunities. The reason is that there may be some stereotype that believed to be
persons with disabilities are not intelligent to work.2This some stereotype and prejudice that
contribute for the exclusion PWDs from employment and create stigma among many employers,
1
Fourth session of the conference of state parties to the convention on the Rights of person With Disabilities,
Background paper for informal session on work and Employment, Note by the secretariat based on the contribution
of the ILO and the International Disability Alliance ,2011pp.3
xi
co-workers and the general public aggravate an already difficult position. 3 In addition to this
PWDs face barriers in the form of in accessibility of information and physical environment
including transportation housing and work place. According to some census research study
shows, a number of disabled person are increasing from time to time and in today’s world there
is around one billion people of the world population living in a serious problem of disabilities
like; physical, mental and sensorial disabilities.4

Majority numbers of these peoples are living in the developing countries. Ethiopia can be taken
as an example amongst the countries that are affected by this problem. The issue of disability is
something that deserves serious attention in Ethiopia, because of its dead poverty. Poverty is the
prominent factor that makes Ethiopia the producer of persons with disabilities. However, it is not
the sole factor that contributes for this problem but there are other factors like, lack of adequate
medical facility and vaccination during pregnancy or childhood, lack of adequate education
associated with harmful traditional practice and civil war and also the problem of conflict
disaster, hazardous working condition, environmental pollution, poverty, poor hygiene and
sanitation inadequate living condition, famine and under nutrition.5

In the current time, according to some research study on PWDs shows around 15 million of
PWDs exist in Ethiopia which it represents 17.6 percent of the total population of the country. 6
The majority of these people are living in rural areas where access to basic need is limited. 7
Many of them are depending on their family support and some of them are begging from others

2
United Nation Division for Social Policy Development, Toolkit on Disability for AFRICA, The Report on Person
with Disabilities to work,pp.3
3
Ibid
4
Ibid
5
5 Ibid
6
World Bank and World Health Organization Research report on the General condition of person with disability in
Ethiopia, Washington DC.2011
7
Ministry of Labor and Social Affairs [MOLSA], General report on Person with Disability in Ethiopia Addis
Ababa, 2011
xii
to consume their livelihood.8 In many cases PWDs who are unable to work themselves become
financially trapped in poverty cycle unable to meet even their basic needs for food, shelter, water
and clothing.9The denial of providing fair employment opportunity to persons with disabilities
forms one of the basic cause of poverty and exclusion of many members of this group. In the
areas of employment activity person with disabilities are discriminated compared to non-disabled
person and the reason of their mare disability they are not equally treated in labor market.
However, all human rights are interrelated, interdependent and indivisible consequently
violations of the right to work leads to violations of the employment right of PWDs and also
which leads to violations of other human right.9

Discrimination against PWDs has long history and PWDs are regularly excluded from
participation in society and denied their human rights particularly the right to work.
Discrimination against PWDs has many forms ranging from unequal treatment of PWDs with
non-disabled parson in assessment of employment opportunities.10Accordingly starting from 20th
c there are many human rights conventions exploded over the world that was flourished for the
sake of promoting and protection of human rights. However, despite of its formation many
human right instruments failed to incorporate and recognized specifically the issues of
employment right of person with disabilities in a clear manner. For example, the first world
human right convention emerged in 1948 UDHR did not the raise issues of employment rights
of PWDs, the same is true for ICESCR, ICCPR and other regional human right convention like
ACHPR and EUHR .

However, the later International human right instruments and regional human right instruments
like the convention of ILO 159 concerning vocational rehabilitation and employment of PWDs
set out inter alia ,principle of vocational rehabilitation and employment policies aimed at equal
8
Ibid
9
Fantahun Males National Programme Coordinator on Disability ILO/Irish Aid Partnership Programme PROPEL
project, Ethiopia
9
Demalash Shifaraw and Yonas Tesfa Ethiopian Human Right law Teaching material ,2009,pp.81.
10
Ibid
xiii
opportunity and measures for action at the national level to be taken for the rehabilitation and
employment service for disabled person.11International CRDPs on International human right
treaty adopted by UNGA on 13th December,2006 also provided that, to promote, protect and
ensure the full and equal enjoyment of all human rights and fundamental freedoms by all PWDs
and respect for their dignity.12 International vocational rehabilitation and employment have been
tried to incorporate and recognized the issues of employment right of the person with disability
in their instrument.13 And also the CRDPs under Art.27 incorporate the issues of employment
rights of PWDs obligate the state parties to these convention to recognize the issues of PWDs
14
either in their general legislation's or in separate legislation through the process of ratification.
Ethiopia is one of the countries that ratified the International human right conventions on
employment rights of PWDs in order to promote and protect the employment right of person
with disabilities. For realization and implementation of these conventions, Ethiopia has tried to
incorporate the rules of employment right person with disability in its general and subsidiary
laws. For example Art.41 sub article [5] of the FDRE Constitution provided that, government
must within available means allocate resources to provide rehabilitation and assistance to the
mentally and physically disabled person.15 And the proclamation concerning the Rights to
Employment for PWDs No. 568/ 2008 Art.5 provided that, any law, practice, custom, attitude
and other discriminatory situation that limit equal opportunities for person with disabilities shall
be nullified and also Art.6 of the same proclamation also deals with the obligation of employers
to provide appreciable working and training conditions to take all reasonable accommodation
measures and affirmative action for PWDs. As well as Ethiopian labor proclamation
No.1156/2019 Art.14 sub art [1], though it is not clearly provides, that it prohibits the

11
Ibid
12
Ibid
13
Ibid
14
United Nation Convention on the rights of person with disability adopted in 2006.entered into force
in ,2008.Art.27
15
Cconstitution Federal Democratic Republic Of Ethiopian ,Federal Negaritte Gazette,No.1.1st Year, Addis Ababa
1995, Art.41/5/
xiv
discrimination made between employees by employers based on any conditions. 16 However, even
though International regional human right conventions as well as national laws have tried to
incorporate and recognize the employment right of person with disabilities still employment and
labor law does not sufficiently and fairly incorporated employment right of person with disability
and the obligation of employers. Accordingly due to this factor PWDs may face direct or indirect
discrimination in accessing equal employment opportunity compared to non-disabled person. 17 In
my thesis pepper the issue of the employment right of person with disabilities in equal access to
employment opportunity and its sufficient incorporation under domestic laws as well as its
practical realization in Ethiopia particularly in case of Bench Shako zone and of the problem will
be addressed.

1.2 Statements of the problem

International and regional human right convention obliges the state member to recognize and
realizes the employment rights of PWDs. Ethiopia has ratified and adopted almost all of the
relevant initiative and International legal text on the rights of PWDs including the UN
convention on right of person with disabilities in 2010. 18 Despite of existing national, regional
and international laws and the activities of international bodies like UNCRDP supervisory
bodies’ person with disability continued to be denied the right to work of disabled person. The
International and Regional human right conventions on PWDs urge its state parties to take
measures to recognize the provision of employment rights of PWDs through legislation and
ratification. For the implementation of employment rights of PWDs Ethiopia tried to undertake
progress to incorporate some of provision regarding to employment rights of PWDs in its laws
however, it lacks sufficient clarity. To realize the employment right of PWDs effective
reasonable accommodation must be provided in employment areas.19 Measures aimed at creating

16
Federal Democratic Republic of Ethiopia Federal Negara Gazette, Extra Ordinary issue Repealed Labor
Proclamation No.1156/2011.Art.14/1/f/
17
Ibid
18
Ethiopian Federal Ministry of Health, Addis Ababa, National Five Year Strategic plan for Eye Care,
Ethiopia(2006-2010)
19
Mehari Radie notes and materials on employment and labor law,(2009),pp.59_64
xv
equal opportunity and equal treatment between disabled and non-disabled workers are not
discriminatory.20And in addition to this reasonable accommodation is appropriate modification
and adjustments ‘which do not impose disproportionate or undue burden as needed in a
particular case to ensure for person with disabilities the enjoyment or exercise on an equal basis
with others of all human and fundamental freedoms. Furthermore it is an adjustment provided by
employers to person with disability in employment activity in order to make the person with
disability remain active in the work force. With an effective reasonable accommodation an
employee with disability can perform the essential function of the job and enjoy the same
benefits. 21

The law imposes an obligation on employers to provide reasonable accommodation to person

with disability by creating suitable environmental conditions, additional cost and adequate
facility.22 However, to escape from these obligation employers are prefer to employ non-disabled
person than PWDs and at that time discrimination may be created between non-disabled person
and person with disability in access to equal employment opportunities. All persons have the
right to employment to consume their life. However, in real social condition there is
discrimination made between disabled and non-disabled person for this reason equal
employment opportunity does not provided to person with disabilities compared to non- disabled
person.

This thesis paper will attempt to explore and address the gaps of between the law and practice as
well as the practical problem faced to person with disability in accessing employment
opportunity. The study will prominently focused on the implementation of the employment
rights of PWDs and the extent of reasonable accommodation provided for PWDs ,the
responsibility of the government body particularly employers of public service sector for

20
Ibid
21
Montana Human Right Act and American Disability Act ,Right of Person With Disabilities
http/erd.dli.mt.gov/human –rights law/person with disabilities, accessed on November 10, 2012.
22
Ibid pp.64
xvi
ensuring employment right of PWDs in general and in Bench Shako zone of Mizan Aman Town
in particular.

1.3 Objective of the study

1.3.1 General objective

The overall objective of this senior thesis is , it will focuses on the identification of problem
faced with PWDS in the areas of employment right and the gap between law and practice in
general and Specifically in case of Bench Shako zone of Mizan Aman Town.

1.3.2 Specific objectives

This research will focused on the employment right of the person with disability and has the
following specific objectives:

I. It will focuses on the identifying the recognition of employment right of person with
disability under International and regional human right instrument as well as the extent of
its incorporation under national laws.

II. It will determine the existing practical problem in the improvement of the employment
right of person with disabilities in employment activity.

III. To assess the extent of reasonable accommodation provided by employers to Person with
disabilities in Bench Shako Zone of Mizan Aman Twon.

IV. To analyze critically the gap between law and practice.

V. To identify gaps existing in law regarding the employment right of PWDs.

VI. To provide comprehensive comments and basic recommendation based on the explored
results.

1. 4 Research questions
The following research question addresses the broader research issues:

xvii
1. What is International and regional human right instruments as well as national laws
incorporated the employment right of the person with disability?

2. What are the stringent practical problems will be faced in the realization of employment right
of the person with disability in employment activity?

3. What are the types and extent of reasonable accommodation provided by employers to
PWDs, to improve the employment right of the person with disability in Bench Shako Zone
of Mizan Aman Town?
4. What is the specific gap existing between the law and practice?

5. What is gap existing within a law regarding the employment right of PWDs?

1.5 Significance of the study

This research may have the following key role:

It is used to identify the extent of recognition given to employment rights of person with
disability under International and regional human right instruments and its incorporation under
national laws as well as it is important to determine the practical problems that would be faced in
the implementation of employment rights of person with disability and to identify the genuine
gap between law and practice. It is used to analyze the extent of employment opportunity
provided to person with disability compared to non-disabled person and the extent of reasonable
accommodation provided by employers to persons with disabilities in employment areas
particularly SNNP regional state the case of Mizan Aman Town Bench Shako Zone public
sector. In addition to these it may be used as a source of educational reference for law student
and paves the way to those people who have an intention to conduct research on these areas.

1.6 Scope of the study

This research focused on legal and practical implementation of the employment right of person
with disabilities. Specifically it emphasis on identifying due protection provided to PWDs in
employment right areas under basic international human right instruments such as, ICCPR,
UDHR,ICESCR,ILO conventions and UNCRPWDs and also under regional human rights

xviii
instruments like, ACHPR and ECHR and the national legislation's like FDRE Constitution, labor
and civil servant proclamation, proclamation on employment rights of PWDs in line with the
practical implementation of this laws in SNNP regional states the case of Bench Shako zone of
particularly in public sector found in Mizan Aman Town.

1.7 Review of Related Literature

This review of related literature presents a review of conceptual explanation related to
employment right of PWDs as one form of folklore. ILO convention concerning Discrimination
in respect of Employment and occupation,1983 (No.158), to make the PWDs beneficial it
prohibits the discrimination on the basis of disability. To ensure and realization of employment
right of the person with disabilities, it has adopted principle of non-discrimination and equality
which oblige the employer to give reasonable accommodation to PWDs in employment areas.
Furthermore suyoum provide in his finding that despite of the protection provided by
International, regional human right instruments as well as national laws still there is
discrimination towards the employment rights of PWDs, Suyoum provided that policies and
convention of employment rights of PWDs are included under international and national
documents.23 However the existence of policies and convention are not warranted the
employment right of Person with disabilities in his journal Suyoum tried to analysis the empirical
understanding existing policy and practice of employment right of the person with disabilities in
general and particularly the case of Dire Dawa city administration. Suyoum study fails to address
the gaps existing in laws particularly in employment right of PWDs proclamation No.568/2008
details of finding out the gaps existing in employment right of PWDs Proclamation of
No.568/2008 towards the employment right of person with disabilities and to reveal the extent of
reasonable accommodation given to person with disabilities and the beneficiaries of reasonable
of accommodation under the proclamation. And also the implementation of the employment
right laws for the case of Bench Shako zone. By this way the researcher finding is different from
the previous thesis. The Ethiopian government adopted many laws on

Zanabie Suyoum Dire Dawa University, Journal of Education society and Behavioral science
23

2018
xix
1.8 Methodology and Data sources
The study was conducted by using qualitative research method way of data collection. The
reason why the researcher only employed this method was due to absence of sufficient time,
resource and material incontinency to employ the other method of data collection. Therefore the
researcher used this simple and appropriate research method of data collection. Data has been
collected from primary and secondary sources of data.

The primary sources of data were: relevant International and regional human right instruments
and national laws in which the provision of employment right of the person with disabilities has
incorporated. And also from interview that have been held with government authorities of public
sector and employee person with disabilities. And also the secondary sources data were: books,
law journals, legal commentaries published articles, internet sources and annual reports would
have been employed. The data collected from primary sources were used the researcher to
identify and analyze the practical problem and challenges faced to person with disabilities in
accessing and exercises employment right. The data gathered from secondary sources maybe
important to identify and analyze legal information about employment rights of person with
disabilities and also it has provided with available information towards the employment rights of
PWDs that enabled the researcher to accomplish the study.

1.9 Methods of Data Analysis

The researcher would have been conducted this study by using qualitative research method of
data analysis. Accordingly the researcher has intended to find out the employment rights of
Person with disabilities the law and practice as well as its implementation in Bench Shako zone
particularly in public sector.

1.10 Limitation of the research

This thesis has its own limitation because of lack of enough time, place and financial resource.
Therefore the first limitation of this thesis is, it has failed to undertake comprehensive study
throughout the zones, it is only limited to Mizan Aman Town public civil service sector. The
second limitation of this thesis was lack of exhaustive investigation towards the whole rights of
the person with disabilities rather it limited to the employment rights of person with disabilities.
xx
1.11 Organization of the research
This senior thesis has comprised five chapters. The first chapter deals with the Introduction part
that contains; the general background of the study, statements of problem, Significance, scope,
limitation and research methodology and data sources. The second chapter also consists: The
conceptual frame work of employment right of person with disability, in which it contains: the
definition of PWDs, historical background, the issues of reasonable accommodation accessibility
of employment opportunity provided to person with disability and non disabled person as well
as its relevant purpose. The third chapter also analysis with the legal framework of the
employment right of person with disability under international, regional human right instruments
and in the national laws. The fourth chapter deals with the practical implementation employment
rights of person with disability particularly in Bench Shako zone of Mizan Aman Town. And the
last chapter five covered the summery and recommendation, of the research paper from explored
results.

CHAPTER TWO

CONCEPTUAL FRAME WORK OF EMPLOYMENT RIHGT OF

PERSON WITH DISABLITY
2.1 Introduction
In the paper is devoted to discuss the concept of disability in general and its definition
particularly under different modalities of disability developed by different scholars and
International and regional human right instruments as well as in national laws will be discussed.
In addition to this the historical development of disability concepts and the significance of
employment right of person with disabilities not only that the points which is related with
reasonable accommodation, affirmative action and the inherent job opportunities required to be
provided to employee of person with disabilities will be over emphasized.

xxi
2.2 Definition of Disability

There is no single and uniform definition towards the meaning of disability. Deferent scholars
defined it from their own social and traditional perspective. Historically, peoples were presumed
disability as God curse because of persons' sin. Accordingly the societies has been seen the
concept of disabilities as only individual problem which makes disabled person segregated and
discriminated in social life by non-disabled person. However, later on at the early begging of
20thc the meaning of disability has shifted with changes in public policy like the development of
civil right protection of disabled person. 24 In the following part of this chapter the concept of
disability is being discussed deeply from the basis of different modalities proposed by scholars.

2.2.1 Models of Disability

Historically the communities have been thought as the PWDs have not right holder. Accordingly
in order to avoid the misconception and attitude of community the scholars have tried to provide
d clarification on disability definition through postulated multiple modalities.

1. Human Right Based Model of Disability

The human right model defines disability from the concept of human right perspective it
provided that disability is the human right issue in which its protection and respect against whole
people.25 These models show that it imposes an obligation on every person to protect and ensure
the equal participation of PWDs in all aspects of social activities.

2. Medical Model of Disability

According to the views of followers of medical model, disability is a problem when a person
directly caused by disease and other health condition which require sustained medical care in the

24
Leslie Francis and Anita silers, Journal of ethics on perspective meaning of disability policy forum October ,2016.
25
Andrew Blackman Understanding the Rights of People With Disabilities: What You Need to Know
http/business .tutsplus.com/tutorials/understanding-the-rights-of person with disability-cms-33567
xxii
form of individual medical treatment.26.This model further provides that disability is the result of
physical or mental attributes.27Therefore, according to this model the ground of disability is
health problems which can be improved by medical treatment.

2.2.2 Legislative Definition of Disability

The legislation of deferent states defines disability from their own intended policies and goals.
Under different legal documents the concept of disability may be defined in different ways. Next
to this let us see the definition provided by International, regional human right instruments as
well as under national laws.

1 .Definitions of Disability under International and Regional Legal Documents

The UN convention on the right of person with disability adopted in 2006, in its preamble
defines disability as evolved concept. 28 Meaning that, disability is dynamic term which changes
through time to time by its contents and way of expression. The ILO Convention Concerning
against discrimination in Respect of Employment and Occupation does not clearly provide the
definition of disabilities rather it has tried to incorporate some clues about the prohibition of
discrimination against the employment rights of person with disabilities. 29This convention
prohibited any act of discrimination on PWDs based on disability. Some regional documents also
have tried to address the concepts and definition of disability under their respective legal
documents. The Inter American Convention on the Elimination All Forms of Discrimination
against People with Disability provided that, the prevention and elimination of all forms of
discrimination and the promotion of full integration of disabled person. The main goal of this

26
Nikora et al.2004, pp.5
27
Linton, Simi Claiming Disability; Knowledge and identify .New York: New York University Press,(1998).
28
United Nation Convention on Rights of Disability Person, 2006, preamble
29
ILO Convention Concerning Discrimination in Respect of Employment and Occupation On Employment
RIHGTS Of person With Disabilities adopted in (1986 ), Art.1/2.
xxiii
convention is to make PWDs beneficiary by eliminating any form of decimation. 30 But both legal
documents do not provided directly the definition of the term disability.

2. The Definition Disability under National Laws

The Ethiopian Proclamation on employment right of person with disability proclamation No.
568/2008 defines concept of disability as an individual whose equal employment opportunity is
reduced because of his physical, mental or sensory impairments in relation with social, economic
and cultural discrimination.31This proclamation defined the concept of disability from
impairments in relation to socio-economic activities.

2.3 Historical Development of Employment Right of Person with Disability

Historically, PWDs has been prohibited from participating in economic, social, political,
religious and other aspects of social life in domestic and in outdoor countries of the world. Until
19thc the concept of right of PWDs has not been taken into considerations by philosophers but
following to this period the concept of disabled person right has been become the point of their
discussion.32 Prior to 1970s the treatment of person with disability was based on medical and
social approach. However, gradually starting from 1960s on wards the movement towards the
protection of disabled people was reinitiated in new form, then after 1970s disability has been
become the human right issue which has been attracted the attention every one. 33 Coming to the
Africa history the protection of the right of PWDs was back to the AU ministerial conference on
human right issue held at Kigali in May 2003 has incorporated declaration that includes specific

30
United Nations Human Rights office of the Commissioner,( accessed on November,12,2012)

www.ohchr/EN/Issues/disablity/pags/instrum ent.aspx
31
Right to Employment of person with disability, published Neg. Gaz .proclamation, No .568/2008, Art. 2/1,year
14,No.20
32
Stanford Encyclopedias of Philosophy publ. Dec 16,2011 ,Riv. on may 23,2016,http/Plato
Stanford.edu/entries/disability
33
Georgetown University Law Library,http/guides.II.georgetown.edu//c/civil rights ,last updated:Dec.5,2019
xxiv
refinance to PWDs. Despite the fact that until the adoption of 2016 African protocol on human
right commission there was no any specific and separate legal documents regarding to PWDs.34

When we come to Ethiopian context the protection given to the PWDs has not long history. In
Ethiopia there was no law and policies regarding to protection of the right of PWDs before 1991
with exception to imperial order No.70 of 1971 which was protected and recognized the right of
PWDs. The comprehensive history of protection of the right of PWDs in Ethiopia has been
presupposes to the introduction employment right of person with disability proclamation
No.101/1994 and the 1995 FDRE constitution under Art.41/5/.Following to this the ratification
of UNCRPD in 2010. For the implementation of this convention proclamation on PWDs in 2008
the proc.No.568/2008 on employment right of PWDs has been adopted and also the introduction
building proclamation, procl.No.624/2009 and its directive, Not only the adoption of labor
procl. No.377/2003 in which is amended by Proc. No.1156/2011. This proclamation incorporated
the employment right of PWDs under Art.14/1/f. The Federal Civil Servant proclamation
No.515/2007 which has amended by proclamation No.1064/2007 also provides the special
preferences to PWDs.

2.4 Significance of Employment Right for Person with Disability as a Human Right
Issue
Every person has inherent human right to work. The right to work and employment has more
than importance to continue one individual survival. In addition to this right has significance to
improve other human right such as the right to food, health, property, education, the right to life
and level of standard of living. These rights should be equally applied to person with disabilities
without any form of discrimination based on disability. The right work and employment makes
the person with disability self-reliance and alleviate the problems faced to PWDs through the
lack of income resource unless person with disabilities may fall into begging to fulfill basic
needs. 35

34
Drum C.E African disability right year book ,2015,volume3,p.21
35
United convection on Universal Declaration Human Right, 1946 adopted in 1948, preamble
xxv
2.5 Employment Opportunities of Person with Disabilities
Now by this time there is estimated at one billions people with disability over the world. 36Large
numbers of these people are living in developing countries. PWDs are likely to be unemployed
or earn less than non-disabled people and be in jobs with poor promotional prospects and
working condition.37 Many of International and regional human right instrument as well as
national laws has tried to incorporated the employment right of disabled person. 38 Coming to
Ethiopia there is high problem regarding to the protection of employment opportunity of PWDs.
There are many challenges faced to Person with disabilities in exercising of employment right
both in public and private sector because of environmental, attitudinal and institutional factors.

2.6 Provision of Reasonable Accommodation to Person with Disabilities

Person With disability may be hindered to be participating in aspect of social life because of
many contributing factors. Some of these problems are; environmental hazardous, social and
medical health problems. In order to improve the employment right of PWDs, reasonable
accommodation measures and affirmative action should be granted.

2.6.1 Reasonable Accommodation

Reasonable accommodation is defined as any changes to a job or working environment that
needed to enable a person with disability to apply, to perform and advance in job function or
undertake training.39 It is an effective measures used for the removal of barriers and create
suitable condition for PWDs and also it is all about an adjustment made in work places that helps
an individual with disabilities to his or her job and enjoys the benefits afforded to employees
without disabilities. By stipulating reasonable accommodation PWDs do not require measures
that would create undue hardship and difficulties to the employer. However, reasonable
accommodation do not restricted to this only it includes: Job restructuring or structuring of
36
World Bank and World Health Organization report Washington D.C,2011, pp.261
37
International Labor Organization(ILO ) celebrates 100th anniversary in 2019,http//org./Suva/areas of
work/WCMS-212132 ;long-endex.htm , (last accessed on November 15,2019)
38
Ibid
39
ADA: Disabilities &Your Right as an Employee, www.employment finds law. Com /employment discrimination/
ada-disablities –Yights our-rights-as-an employee.htm (last accessed on November 17, 2012)
xxvi
business, modified or part-time schedule/adjusting working time schedule, modified work place
policies, leave and reassignment to a vacant position

2.6.2 Pre requirement to provide reasonable accommodation

This principle imposes a responsibility on employers to provide reasonable accommodation
unless it imposes undue hardship on them. Undue hardship is something that requires a
significant difficulty or excess expenses to provide reasonable accommodation. 40 To determine
the existence of undue hardship there is purposive factors employed by employers these
includes, the nature and cost of the accommodation, financial resources of the disabled person,
financial resources of the entity and the necessary types of operation of the work. Reasonable
accommodation can be only required to be provided for PWDs by considering his or her actual
disability not for simple disabled person or non-disabled person.

2.6.3 The Affirmative action measures

Affirmative action is tailored to the needs of individual and accompanies this individual as long
as they have these needs. The principle of affirmative action is an exception to the principle of
equal treatment of people. It does not consider as discrimination rather it seemed to promote
equal opportunity and to avoid the structurally disadvantaged group such as PWDs. 41 It is the
special treatment given to PWDs compared to non-disabled person.

2.6.4 Inherent Job requirement

Person with disabilities has inherent right to get equal job opportunities to participate in social,
economic, political and cultural activities of the society without any discrimination. In
employment areas PWDs have to equal right of job opportunities with non-disabled person.
Accordingly to realize the benefits of PWDs equal with non-disabled employee, employers have
a due responsibility to provide reasonable accommodation and the like measures unless the,

40
Employment hand book, reasonable accommodation,2009,3rd ed.pp.10, www.droreganyment.org

41
ILO Employment of people with disability, A Human Right Approach (Asia) Report of Tripartite Technical
consultation Bangkok,18 to 20 January 2006,pp.19
xxvii
discrimination may be inevitable at underlying employment areas. However, even if reasonable
accommodation is provided if the nature of the work and circumstance makes deferent on this
ground, it is not considered as discrimination.

CHAPTER THREE

LEGAL FRAME WORK OF EMPLOYMENT RIGHT OF PERSON WITH

DISABILITY

3.1 Introduction
This chapter going to be discusses employment right of person with disability under different
International and regional human right instruments in general and under national laws in
particular UDHR, ICCPR, ICESCR, and ILO, UNRPD and ACHPR and its additional optional
protocol. In addition to this national laws regarding employment of PWDs like FDRE
constitution, Labor proclamation No.1156/2011, the federal civil service proclamation
No.1064/2007, Employment right of PWDs proclamation No.568/2008 and building
proclamation No.629/2009 will be over emphasized.

3.2 International Human Right Instruments

Different International human right instruments has been tried to make progress to recognize and
incorporates the employment right of PWDs. However, many of International human right
Instruments have incorporated this right indirectly rather than in explicit mention. For instance
Art.1 of UNUDHR, Art 26 and Art.6 of ICCPR. The introduction of compressive convention on
employment right of PWDs UNCRPD Art.5/2 provides protection to PWDs to enjoy the
employment right by prohibiting discrimination based on disability. And it imposes a
responsibility on state parties to prohibit all discrimination based disability and guarantee the
PWDs the equal and effective legal protection on ground of disability. 42 The rehabilitation of
disabled worker was adopted by the International labor conference in 1983 under No.59 and
ILO convention rehabilitation and employment provided that, promotes equal opportunity and
42
United Nation Convention on Rights of Disability Person, 2006,Art.5(2)
xxviii
treatment for PWDs in the work employers and workers organization to gather with government
and organization of disabled person share responsibility for helping disabled person to realize
their rights.

3.3 Regional Human Right

3.3 .1 African charters on human and people’s right

African charter on human and peoples right of 1981 contain the employment right of every person under
general ACHPR document under Art.2 this provision do not set the disability provision directly
but it provides indirectly. 43 And Art 15 of its optional protocol provided that “every PWD have
the right to decent and productive work, to just and favorable condition of work, to protection
against unemployment and to protection from forced labor”. 44 To realize and to implement the
right of disabled person provided under the protocol state parties should have to assume an
obligation to adopt effective and appropriate measures that enable the person with disability
beneficial from human right on equal basis with others.

3.4 National laws

3.4.1 Federal Democratic Republic of Ethiopian Conistitution1995

It is known that the obligation to realize the right of PWDs is on the shoulder of respective
national government by adopting different measures provided under international and regional
human right instrument. But most of the time states do not care about the protection of human
right and freedoms of PWDs. For this reason PWDs may be fall in discrimination not to exercise
their human right and freedoms. Prohibiting discrimination based on disability enables PWDs to
exercise civil, economic, social and cultural right. However, the FDRE constitution does not
expressly provided not to make discrimination on the ground of disability. However, Art 25 of
the constitution provided that all people are equal before the law and are entitled without any
discrimination to the equal protection of the law. In this provision the law guarantees to all
person equal and effective protection without discrimination based on the grounds of race,
43
African Charter on People and Human Right,1981, Preamble
44
African charter on peoples and human right on person with disability, Optional draft protocol 1999, Art. 3/8/
xxix
nation, nationality, or other social origin, color, sex, language, religion, political, birth, opinion,
property and other status. In this provision the phrase “other status” does include person with
disability which refers to the protection under the constitution should be available to PWDs.
Therefore person with disability have the right to exercise civil, social, economic, political and
cultural right equal with others. In order ensure the employment right of PWDs Art.41/5/ of the
constitution impose the responsibility on the state that the government has an obligation to
allocate resources within available means to provide rehabilitation and assistance to the
physically mentally disabled person.

However, the problem is that the Ethiopian constitution do not expressly provided the intellectual
and sensory disabilities particularly in the provision.45 This provision shows the gaps existing in
the constitution. To full fill this gap Art. 13/2 and Art 9/4 of the constitution has to be employed.
Therefore all protection and promotion provided under International human right instrument
shall be available to person with disability in Ethiopia. The rehabilitation and assistance
measures to PWDs may create opportunities to participate in social, economic, and cultural
activities on equal basis with other and eliminate discrimination from the participation of such
activity. Art.41/1/ of the same constitution provided that PWDs enable to engage freely in
economic activity and to pursue a livelihood of his/her choice anywhere within the national
territory and chose his or her means of livelihood, occupation and profession. The constitution
imposes a responsibility on government to take all necessary measures to increase the
employment opportunity for its citizens including person with disability.

.4.3 Employment Right of PWDs under the Federal Civil Service proclamation
No.1064/2007
In federal form of government there are two layer of government federal government at the
center and regional states. Unlike labor law the civil servant is not exclusive jurisdiction of
federal government. In accordance with Art.52 of the FDRE constitution state have the power to
issue their respective civil servant law. However, the federal government enacted civil servant

45
Constitution of Democratic Republic of EEthiopian , Federal Negarit Gazeta. Proclamation .1995 ,No .1 year.1,
Art.41/5/
xxx
proclamation No .1064/2007. The objective of this proclamation is to ensure justice system and
to give better protection of civil servants as well as to realize the human resource management
program of civil service.46 From these we understand that the main objectives of the federal civil
service proclamation is protecting or giving better protection for the civil servant by ensuring the
justices system and by eliminating the discrimination between the civil servant and the job
seekers. This proclamation provided that PWDs shall entitled affirmative action in recruitment,
promotion, transfer, redeployment, education and training.47This provision provides the equal
employment opportunity required to be provided to PWDs. The same proclamation also insists
the government to provide necessary tools, materials and how to this materials operates and
ensuring working environment so as to make person with disability beneficiary from work
provided to him.48 Not only that the proclamation also provides that the privileges provided by
other laws shall have to be given for civil servants of PWDs. 49 For example the
nondiscrimination of PWDs in access to equal employment opportunity under Art. 5/1 of
proclamation 568/2008 and a reasonable accommodation provided under Art.6/1/b of the same
proclamation shall be provided to person with disabilities. Any government institution obliged to
provide to assign assistance to PWDs civil servant who requires assistance.50

3.4.4 SNNP Regional Civil Servant Proclamation No.--/2018

Pursuant to Art 52/2 of Ethiopian constitution states have a power to their own respective civil
servant laws. Accordingly, SNNP is one of the nine regional states which have its own civil
servant proclamation. Furthermore this proclamation incorporates the proclamation which
provides protection to PWDS. For instance Art.48 of this proclamation provides the protection
provided to employee of PWD. PWDs do have the right to affirmative action in recruitment,
46
Ethiopian Federal civil service proclamation, ,Federal Negarit.Gazeta , proclamation, No.1064/2007, year,13,No.
15 ,Preamble
47
Id Art.49/1

48
Id Art. 49/2

49
Id Art.49/4

50
Id Art.49/3
xxxi
promotion, transfer, reemployment education and training. 51 This provision provided that the
candidates of PWDs shall endowed preference right in competition for job vacant position. The
same proclamation under Art 48/2 provided that it imposes the government institution to provide
reasonable accommodation to the employee of PWDS for instance, ensuring working
environment, providing necessary tools, and materials necessary to undertake the work. Not only
that this proclamation give direction to take the privileges provided by another laws to be
provided to PWDs.52 for example the reasonable accommodation provided under the
proclamation No 568/2008 Art.6/1/.However, the provision related to the protection of PWDs
does the direct copy of Federal civil servant proclamation No 1064 /2007 Art.49.

3.4.5 Ethiopian Building proclamation No .624/2009

This proclamation provides for the accessibility in design and construction of any building to
physically impaired persons. Any public building shall have a means of access suitable for use
by physically impaired persons, including those who are obliged to use wheelchairs and those
who are able to walk but unable to negotiate steps. 53Where toilet facilities are required in and
building, as adequate number of such facilities shall be made suitable for use by physically
impaired persons and shall accessible to them.54 The law ensures the accessibility and suitability
of building to physically impaired persons equally with others. To implement this proclamation
council of minister issue Regulation No.243/2011 and art 34(1) provides that any building or
apart thereof shall not hinder the movement of disabled persons and lifts shall be suitable for all
users including people with disabilities. In addition to this the regulation declare that
manufacturing buildings shall fulfill suitable dressing rooms, bathrooms and other facilities for
PWDs and international standards signs shall be posted at junctions to keep PWDs from any
obstacles and to indicate parking lots allocated to them as provided under art 34(2) (4) of the

51
SNNP Revised Civil servant Draft Proclamation Southern Negarit Gazetea Proclamtion No--/2018 Art. 48/1

52
Id Art.48/4

53
Ethiopian Federal Democratic Republic Building proclamation, Federal Negarit Gazata. Proc. No 624,/2009
Year,15th ,No.31 , Art. 36(1)
54
Id Art 36(2)
xxxii
regulation.55 This regulation goes further steps to ensure the accessibility and suitability of
buildings for PWDs as human right and to make the life of PWDs easier than before.

3.4.6 Employment rights of person with disabilities under right to employment of

PWDS Proclamation No.568/2008
Ethiopia has enacted employment right legislation of PWDs in 1994, but the enacted legislation
is not sufficient to protect and to eliminate discrimination against PWDs. Because even if this
proclamation provide reservation of vacancies for PWDs but failed to guarantee reasonable
accommodation. Lack of provision that create awareness to eliminate the negative perception of
person’s disablement in society that adversely affected the right of persons with disability to
employment, lack of simple procedural rule that enable PWDs to prove before any judicial organ
discriminations encountered in employment.56Due to the existence of such problem the right to
employment of PWDs proclamation no.568/2008 was enacted following the ratification of the
UN convention on the right of PWDs by Ethiopia. The general objectives of the proclamation are
prohibiting discrimination against PWDs or ensuring the principle of equality between PWDs
and non-disabled persons in the work place. 57 So it is possible to say this proclamation is a
human right oriented law compared to the previous one, because it is in line with international
human right instruments which is recognized PWDs have the right to equal employment
opportunities with non-disabled people and guarantee their own livelihood by engaging in decent
work. These rights are protected by the international conventions as well as national legislation.
In the Ethiopian context, a person with disability having the necessary qualification and score
more to that of other candidates shall have the right without any discrimination to occupy a
vacant position in any office or undertaking through recruitment, promotion, placement or
transfer procedure or to participate in a training program to be conducted either locally or

55
Ethiopian Federal Democratic Republic Building and Constriction Regulation Federal Negarit Gazata.
Regulation No.243/2011 Art.34(2,4)
56
Eemployment proclamation of person with disability, proclametion. No.568,/2008 Negarit. Gazeta. Year 14 No.
20 ,Preamble
57
Id
xxxiii
abroad58. This provision ensures and recognizes the equal employment opportunities of PWDs
with non-disabled people regardless of their disability. The law also prohibits an act of
discrimination. That means any law, practice, custom, attitude or other discriminatory situations
that impair the equal of employment opportunities of disabled persons in recruitment, promotion,
placement or transfer procedure or other employment condition based on the selection criteria.
Furthermore, the law also imposed duty to provide reasonable accommodation for PWDs in
order to exercise his/her equal right of employment opportunities and to eliminate the act of
discrimination.59Where a person with disability acquires the necessary qualification and having
equal or close score to that of other candidates preference shall be given to him. To ensure this
right of PWDs the law obliged the employers to provide reasonable accommodation and failures
to provide such reasonable accommodation amounts to commissions of discrimination.

3.4.6.1 Reasonable accommodation under employment of person with

disability proclamation No.568/2008

This proclamation provided the definition of reasonable accommodation as an adjustment or

accommodation with respect to equipment at the work place, requirement of the job, working
hours, structure of the business and working environment with a view to accommodate persons
with disabilities to employment.60Under this proclamation the issue of reasonable
accommodation defined from the perspectives of employment rather than from the exercise
human right and fundamental freedoms of person with disability. The proclamation also impose
the obligation on the employers to ensure the provision of reasonable accommodation to
PWDs.61However, as provided under the same proclamation that, the reasonable accommodation
required to provide by the employers to PWDs, should not impose undue burden on them, except

58
Id Art 4(1)
59
Id Art 5
60
Id Art.2/5
61
Id Art.6/1
xxxiv
assignment of assistant.62 Undue burden means, an action that entails considerable difficulty or
expense on the employer in accommodating person with disability when considerable in light of
the nature and cost of the adjustment, the size and structure of the business, the cost of its
operation and the number and composition of its employs.63

As one can understand from this proclamation the employers before providing reasonable
accommodation there may be precondition to be taken into consideration, those cost of the
operation, the size and structure of the business, the nature and cost of adjustment, number and
composition of the employees. These criteria’s used the employers to identify the existence of
undue burden. And used as a defense when the employers failed to provide reasonable
accommodation. This proclamation left room for negotiation on equal employment opportunity
of PWDs. It provides some option to the employers whether to provide reasonable
accommodation based on the existence of undue burden. This may effect on the purpose and
objective of the proclamation of employment right of person with disability which provides the
equal employment opportunities of PWDs. The proclamation does not provide the mechanism to
overcome this negotiation problem. This proclamation provides that the employers have no duty
to provide reasonable accommodation when undue burden exist. There is no mechanism
provided by the law for the financial subsidies of the government to cover or share the cost of the
accommodation incurred by the employers .The other concept needed to be discussed under this
title is the beneficiary of reasonable accommodation. Ethiopian employment right of PWDs
proclamation defines the term “person with disability” as an individual whose equal employment
opportunity is reduced as a result of his physical, mental or sensory impairments in relation with
social, economic and cultural discrimination. 64 This definition shows that disability is defined
from the perspectives of ant-discrimination protection and this applies to the providing of
reasonable accommodation entitlement. This proclamation provide wider definition for PWDs

62
Id Art.6/2
63
Id Art.2/6
64
Eemployment proclamation of person with disability, proclamation. No.568,/2008 Negarit. Gazeta. Year 14 No. 20
?
Art.2/1
xxxv
purpose of pursuant to the objective and purpose of the proclamation in which it propose to
achieve equal employment opportunities of PWDs by eliminating discrimination in the
employment place. However, in the definition provided under employment right of PWDs
proclamation the phrase “substantial reduce” this shows that the person with simple disability
does not included and it makes the question whether the reasonable accommodation is provided
for them. Accordingly this definition narrows the beneficiaries of reasonable accommodation to
only PWDs whose employment capacities are substantially reduced. However, the Ethiopian
right to employment of PWDs proclamation No.568/2008 does not contain such kind of
provision and it is difficult to understand who are the beneficiary of reasonable accommodation.
The law defines PWDs means an individual; whose equal employment opportunity is reduced
because of his physical, mental or sensory impairments in relation with social, economic and
cultural discrimination. From this definition it is difficult to determine the beneficiaries of
reasonable accommodation and who are not. For instance term physical, mental and sensory
impairment does include disease like orthopedic, visual speech and hearing impairment, cerebral
palsy, autism, epilepsy, cancer, heart disease, mental retardation drug addiction, muscular
dystrophy and alcoholism .Accordingly there is no such like mention under the employment right
of PWDs proclamation and the proclamation fails to provide particulars who are being
beneficiaries of reasonable accommodation from person with disabilities.

CHAPTER FOUR
THE PRACTICAL IMPLIMENTETION OF THE EMPLOYMENT RIGHT
OF PERSON WITH DISABILITY IN BENCH SHAKO ZONE: THE LAW
AND PRACTICE.
4.1 Introduction
This chapter deals with the practical implementation of employment right of PWDs in SNNPs
Regional states of Bench Shako zone particularly in Mizan Aman Town. It is obvious that laws
enacted at national and international level to regulate the conduct of the overall community, to
maintain peace, security and order of the community otherwise the wellbeing of the society of

xxxvi
the society would not be remaining good. Nevertheless, on the contemporary world, regarding
the enactment of law, there is no big problem. The problem is usually observed concerning to the
enforcement of the enacted law.

At national and international level, there are many laws enacted to govern the day-to-day activity
of the society in general. Nevertheless, the challenge is to enforce such laws by the state
machinery. However, this does not mean that the enforcement of the law is the same at all state.
It is varies from state to state, in one country the enforcement is good, whereas in other country
the enforcement is weak on the same subject matter. If the enacted law is not enforced properly,
the violation of the recognized right of the person or persons will be inevitable. Because
unenforced law only give hope to the right holder and laws without enforcement is dead law and
its power remains on the paper. Laws by their nature have certain gap either from the beginning
because of the legislature's problem of the experience to enact law; knowledge on the subject
matter at the time of enactment or after the law becomes enforced because of the change of the
human conduct or growth of the society in technological advancement. The main point here is
that even if the law has certain gap, trying to enforce such existing law properly is better,
otherwise the problem is “mumps over goiter”. Specifically the non- enforcement of the law of
employment right of PWDs is the problem due to the absence of rules and regulation lack of
awareness among employers, the negative misconception of among the employers about PWDs
and lack of government commitment to enforce the existing law and to allocate reasonable
budget that consider the interest of PWD. Under this chapter the practical analysis of
employment rights of PWDs shall be going to be discussed.

4.2 Practical Analysis of Employment Right of PWDs in public civil sector

Bench-shako zone has total number of 27 public civil service sectors in which 11 of them has
directly responsible for the regional state. From these the researcher has tried to consult with
some bureau of public civil service sector existing in Mizan Aman Town in which only two of
them have employed PWDs in their office particularly Bench shako high court, and Finance
bureau.

xxxvii
Like non- disabled person the PWDs has many contribute in socio-economic activities and in
political as well as in cultural development activities. However, in reality those disabled groups
are subject to discrimination as result of their disability. PWDs have human right to participate in
working activities particularly in employment areas. As the researcher finding shows the extent
of employability of PWDs in civil sector in Mizan Aman town will be subject of the
investigation. Among the total civil sector existing within the zone I have been tried to made
interview with the ten officers and three employees of PWDs. From these ten biros there is only
three PWDs employed in public civil sector existing within the town, this shows within each biro
there is no at least one employee of PWDs. Following to this it is going to be seeing the
implementation of employment right of PWDs and the practical analysis of law and practice in
the Bench Shako Zone of Mizan Aman Town.

4.2.1 Person with Disability and the Right to Protection from Discrimination
Person with disability has discriminated in assessment of employment opportunity and in
employment areas after employed in public service sector and in another sector. Many times, this
problem is faced them because of their disability irrespective of the law enacted at international
and national level to protect them from discrimination. The law provides that under Art.25 of
FDRE constitution all persons is equal before the law and are entitled without any discrimination
to the equal protection of law. In this respect the law guarantees to all person equal and effective
protection without discrimination on grounds of race, nationality, or other social origin, color,
sex, language, religion, political or other opinion, property, birth other status. 65The law prohibits
discrimination based on disability. And according to Art.5of employment of PWDs proclamation
No 568/2008 provides that any law, practice, custom, attitude or other discriminatory situation
that impair the equal opportunity of employment of disabled person is illegal and the selection
which can impair the equal opportunity of disabled of disabled person for employment, failure to
provide reasonable accommodation also illegal and prohibited by the law. As interview held with
respondent of PWDs shows most of the time PWDs are discriminated irrespective of the nature

65
Conistitution of Democratic Republic of Ethiopian , Federal Negarit Gazeta. Proclamation .1995 ,No .1 year.1,
Art. 25
xxxviii
of the work. For instance, Person with disability has denied the right to gate reasonable
accommodation; the right to gate preferences in competition for employment opportunity, and
additionally the problem of hiding the exact result of their examination are some stringent
problem of discrimination raised by candidates of employee of PWDs.

4.1.2 The right get equal salary and other benefits for the similar work
Person with disability has inherent right to get equal payment and other benefit for the same
work. The law prohibits the discrimination of payments and other benefits based on disability on
the PWDs and non-disabled person employed in the same work and on the same level. As per
Art. 4(4) of employment of PWDs proclamation No.568/2008 provides person employed within
the same work shall gain equal payment and benefits. 66 However, as respondent of employee
disabled of person provided, most of the time they have denied the right to participate in
additional works to be benefited from it in addition to their normal salary. For instance, while
field work is provided for other workers as an additional work they have out of beneficiary from
such right. As the research finding shows all of Person with disability respondents responded as
there is high problem, for instance most of the time they raise the problem of transportation to
move there and here to work and benefited from that chance. 67 This shows there is high
discrimination on employee of person with disabilities.

4.1.3 Person with disability and Reasonable accommodation for the realization of
employment opportunity of them
Being disabled person cannot prevent one person to work, other than the nature of the work. The
law obliges any employers to make an adjustment to the employee of PWDs in order to make
them to accomplish their work effectively and efficiently. However, the critical problem that can
impair a person with disabilities to participate in employment and social activities are denial of
provision of reasonable accommodation for them. According the finding of my research most of

66
Eemployment proclamation of person with disability, proclametion. No.568,/2008 Negarit. Gazeta. Year 14 No.
20 Art.4/4
67
Interview with Mukter Sultan public prosecutor Bench shako zone High court said on Sallery and Other benefits
(on 18 January 2012)
xxxix
person with disability responded that as they are not provided any reasonable accommodation
and only one respond. For instance within each high building lifting is not accessible to be
engage the work freely is very difficult other than on the ground and additionally there is no
person who can give assistance in their work. 68 Not only that those people who has with eye
impaired does not provide with sufficient and technologically advanced materials such like
Braille for undertaking their work better. 69 The law prescribed the employers to make
environment conducive Employee of PWDs like water accessibility, toilet and dressing room. 70
But to the contrary respondents provided that there is no such provision for them and they raise
no one care about them. This shows that there is high discrepancy between law and practice.

4.2.4 The right to equal Employment opportunity and the awareness of person with
disability to be employed in public sector
Every Ethiopian individuals haves the right to engage in economic activities to consume their
livelihood of his choice anywhere within the national territory. 71 As my finding shows all most
person with disability are aware their right to be employed in public sector. 72However, even if all
PWDs are aware of their right to engage in public sector, there are challenges from the
government officials because due to lack of awareness towards the capacity and skill of PWDs.
Most of the government officials considered PWDs are unable to perform a given task and for
this reason employers failed to hire PWD73

68
Interview with wezaro. Montamor Getahun the employee of finance and economy bureu Bench shako zone said
on Reasonable accommodation provided issue (on 13 January 2012)
69
Interview with Mukter Sultan public prosecutor Bench shako zone High court said on Reasonable accommodation
provided Issue(on 18 January 2012)
70
Eemployment proclamation of person with disability, proclametion. No.568,/2008 Negarit. Gazeta. Year 14 No.
71
Constitution of Democratic Republic of Ethiopian , Federal Negarit Gazeta. Proclamation .1995 ,No .1 year.1,
Art 41/1
72
Interview with wezaro Montamor Getahun Bench shako zone the employee of finance and economy bureu said on
Equal Employment opportunity and Awareness toPWDs Issue (on 13 January 2012)
xl
PWDs as citizens of particular state have a right to participate in equal employment opportunity
in the boundary of their own territory and they have a right to engage in the income generating
activity without restriction except the nature of the work and prohibited activities by the law. In
addition, PWDs have a constitutional right to improve their own living standards and sustainable
development.74 Discrimination of the employment opportunity of PWDs in equal with non-
disabled person is violation of constitutional right of PWDs. As per to the regional state civil
service screening regulation No.20/2011 Art.15/1/c candidate of employees of PWDs who score
85% has 5% additional mark compared to candidates of non-disabled employees civil servant.
However in practice it is not because the government officer treat disabled person as they
incapable to perform given activities efficiently and on time. 75 These problems come from lack
of awareness by the society as a general and the officers of public civil service sector who are
entitled the power to hire employers. The law provides that during competition for employment
opportunity the person with disability have priority to be hired in public service, meaning that if
person with disability having necessary qualification scored equal with that of candidates of non-
disabled person to hold job vacant, preference should be given for person with disability. 76
However, in practice this right does not be protected and provided for those persons (PWDs)
because the stringent problem is due to the misunderstanding towards the capacity of person with
disability and most of the time during announcement for job vacant in order to exonerate person
with disability the employers posting it in a place where not accessible to PWDs. 77 and especially
the way they prepare announcement paper or notice is not appropriate for disabled who are with
eye impaired because it is not prepared by using barillas or set a person who assist them by
73
Interview with mr .Mathewos Gobchu Bench shako zone public civil sevice chief officer Said on Equal
Employment Opportunities and Awerness creationto PWDs Issue (on 14 January 2012)
74
Constitution of Democratic Republic of Ethiopian , Federal Negarit Gazeta. Proclamation .1995 ,No .1 year.1, Art
43(1)
75
Interview with mr .Mathewos Gobchu Bench shako zone public civil service chief officer , said on priority Right
provided to PWDs Issue, (on 14 January 2012)
76
Southern Nation Nationalities Regional State Civil Servant Screening Regulation ,Regulation
No.20/2011 .Art.15/1/d
77
Interview with wezaro. Montamor Getahun( physically impaired person )Bench shako zone the employee of
finance and economy bureau Said on Priority right provided to PWDs in employment Issue ( on 13 January 2012)
xli
reading it.78The respondent of also provides that there is unconfortability of working
environment for blind and physically impaired person who use wheel chair because reasonable
accommodation does not sufficiently provided for them in order make them equally benefited
from employment opportunity.79 The other problem is many times of the employers prefers to
hire non disabled person the reason is they believe that hiring of PWDs may make them for
additional cost in addition to normal salary.80 Because person with disability needs adjustment in
order to undertake their work appropriately. For instance to those who has physically impaired
there should be provided wheel chair and the person who support them by pushing the wheel
chair, for visually impaired providing computer key board with Braille, and adjustment of back
chair for person with back impairment. These are the prominent factors that affect the equal
employment opportunity of PWDs.

4.2.5 The right to occupy a vacant post in any office by recruitment, promotion,
placement, transfer procedure or other employment condition and its criteria
Any Ethiopian has the right to engage in any gainful employment activity. This is the
constitutional right of PWDs. Like any other non-disabled employees PWDs have the right to
occupy a vacant post in any office by recruitment, promotion, placement, transfer procedure or
other employment condition unless the nature of the work dictates. As per Article 4(1) (a) of
proc. No.568/2008. Any activity that impairs the equal employment opportunities of PWDs is
considered as discriminatory acts and against the constitutional right of PWDs. 81 Art 25 of the
FDRE constitution.

78
Interview with Mukter Sultan Bench shako zone High court public prosecutor said on Job announce cement Issue
(on 18 January 2012)
79
Interview with Mukter Sultan Bench shako zone High court public prosecutor said on making suitable Working
Environment Issue (on 18 January 2012)
80
Interview with wezaro Konjit Sagude Bench Shako zone Human and Natural resource administration
coordinators officer said on, the discrimination made on PWDs by employers,( on 14 January 2012)
81
Constitution of Democratic Republic of Ethiopian, Federal Negarit Gazeta. Proclamation .1995 ,No .1 year.1,
Art 5(3)
xlii
The law also impose obligation on the employers to include PWDs through the selection criteria.
The selection criteria used by the employers cannot impair the equal employment opportunities
of PWDs as per Art 5(2) of proclamation no 568/2008.82However, the finding of the research
regarding to these right show that there are problems to enforce the law and the practice is not
automatically in the line with the law. Accordingly, there is violation of equal employment
opportunities of PWDs. For this, there are many reasons raised by the respondents. 83 These
includes isolation of PWDs due to their mere disability, exclusion from such right,
misconception about disabled workers that is disability is inability to work, the selection criteria
does not depend on merit rather by intimacy and lack of regulation. This shows that the
employment right of PWDs is not in line with the law and it against human right of PWDs.
Regarding to the content of the selection criteria to occupy a vacant post in any office or
undertaking through recruitment, promotion, placement, transfer procedure or other employment
condition. All interviewed employees of PWDs answered that actually these rights may be
provided but most of the time there is high discrimination. They have been provided the
following two problems as a ground. The first one is selection criteria do not include PWDs due
to intentional exclusion by the employer’s non-observance of privileges given to PWDs by the
law such as the priority right and the second one is the selection of employees by intimacy other
than merit.

4.3 The right to get measures to improve the employment opportunities of PWDs
Person with disability has a right to be provided with measures to improve their employment
opportunities. The law obliges the employers to give appropriate measures to improve the
employment opportunities of PWDs. According to the SNNP regional state civil service
screening regulation No.20/2011 Art.15/1/c and (d) candidate of employees of PWDs who score
equal with candidates of non disabled person shall give priority right to be employed .However,
as interview held shows most of the time the person with disability has not benefited from this

82
Eemployment proclamation of person with disability,proclametion. No.568,/2008 Negarit. Gazeta. Year 14 No.
20Art.5/2
83
Interview with Mukter Sultan Bench shako zone High court public prosecutor said on , the Equal employment
opportunity Issue , (on 18 January 2012)
xliii
right.84 The reason is in order to exonerate those persons from employment; the government
officer does not reveal this right to person with disabilities. This may create an stringent effects
on the right of equal employment opportunity of person with disability and which makes the law
remain on paper. PWDs should be provided with affirmative action in order to make PWDs
equally benefited from different opportunities. For instance to improve their skill job there
should have to provided training that will be given locally or abroad. However, as response from
respondent shows in practice person with disability once they hold office no one care about
them.85 That one is the harsh problem affects employment opportunity of person with disabilities.

CHAPTER FIVE
CONCLUSION and RECOMMENDATION
5.1Conclusion
Employment right of person with disability is mandatory human right that constitutionally
provided to PWDs in order to make them beneficiary by fulfilling their livelihood and to ensure
the standard of economic development of the country by active participation of person with
disability in the employment sector specially in public civil service sector. The laws does not
clearly provide the particular list of PWDs benefited from reasonable accommodation, it is make
difficult to understand by taking Art 2/1 of proclamation No.568/2008. . In addition to this the
law provides the employers not to provide employment opportunity based on disability if it
imposes undue burden, however this provision open for the employers to make discrimination
even in absence of undue burden. The other practical problem is absence of comprehensive
regulation for the implementation the proclamation employment right of PWDs proclamation
No.568/2oo8.The law impose on employers and government bodies to make effective measures
to provide training, transfer and vacant position to employee of PPWDs but the practice is to the
contrary to this and make the law paper value. In addition to this PWDs has endowed the right to
84
Interview with wezaro Montamor Getahun Bench shako zone the employee of finance and economy bureau
provided on ,the affirmative action Issue, ( on 13 January 201)
85
Interview with Meserat Gebreyes Bench Shako social prevention and control of disability officer said on, the
training that have to provided to PWDs, (on 14 January2012 )
xliv
have priority in competition for employment opportunity but in practice instead of this
employers release many efforts to exclude them. The law prohibits discrimination on the ground
of disability in employment opportunity but the existing practice is to the contrary to this and
PWDs may discriminate in accessing equal employment opportunity.

To ensure the participation of PWDs in their employment activity the building proclamations
also take into consideration the interest of PWDs. However, the practice is to the contrary of this,
while preparing building design and construction the interest of PWDs does not taken into
consideration. The law provides that Persons with disabilities do have provided with reasonable
accommodation in order to undertake their activities without any obstacle .Employers have to
provide reasonable accommodation to PWDs unless it impose undue burden. However, in
practice it is not, for instance those who are with physically impaired employees require assistant
and support but many of them do have engaging their work without assistant.

The other stringent problem is the incontinence and unsuitability of working environment which
decrease the working capacity and performance of person with disability. Employee of disabled
person has denied their right to have affirmative action provided by law and other benefits
provided on the behalf of their sector. However, the Bench shako public civil servant and human
resource biro works to realizes the employment right of PWDs. Generally, Mizan Aman Town
social problem and control on disability office with zonal public civil service and human
resource sector works to solve the problem and realizes the employment right of PWDs by
establishing four places of training center with in the zones and one center in Mizan Aman
Twon. The center is working on the awareness creation to PWDs about their right and providing
support for them.

5.2 Recommendation

As findings indicated there are a gap between the existing law and practice in the
implementation of employment right of PWDs, the public civil servant does not works in line

xlv
with existing laws and regulation. Based on findings the researcher has provided the following
recommendation for all stake holders.

1. To House of Peoples and Representatives: As researcher findings shows existing laws

means employment proclamation of the of PWDs procl.568/2008,Art.2/1 failed to
provide degree of disability and particulars of PWDs who can be the beneficiary of
reasonable accommodation in an explicit manner. Therefore HPR do have a
responsibility to make amendments to the employment right of PWDs proclamation in
order to make clear the provision of reasonable accommodation to address this problem
and to incorporate the this issue. And in addition to this the HPR has to make
modification the provision regarding the undue burden which provide the employers the
right to deny the two employment opportunity to PWDs because it open the way for
discrimination and affect the employment right of PWDs

2. I have recommended to the Bench Shako Zone public civil servants as they do have to
bond with law to realize the employment right of PWDs and through creating
comfortable condition to exercise their rights in good manner and to increase the
participation of PWDs in employment activities. Like organizing and creating
mainstream for employee of persons with disabilities.

3. And in addition to this government offices of public sector existing with the zone do have
working on providing reasonable accommodation to PWDs to the extent their resource
allows. So that the PWDs disability can exercise the task given in efficient and good
manner. Like adjusting working time schedule, providing job restructuring and
guaranteed leave for employee of PWDs and providing equal salary and other benefits.

4. The finance and economy bureau of Bench Shako zone has to take its responsibility by
providing adequate financial assistance for that bureau which does PWDs have been
employed, in order to realize the reasonable accommodation required to be provided to
PWDs.

xlvi
5. The public sector and human resource management of the zones have to work on the
awareness creation to the PWDs about their right to employment in public sector and
increase their employment opportunities and participation. In addition to this to avoid the
ill-treatment and discrimination of PWDs in employment activities the awareness has to
be provided to employers of public sector and to the societies as a whole. And The
employers of public sector have to provide affirmative action to PWDs and save their
priority right provided by law, so as realize the equal participation of PWDs with non-
disabled person in public sector.

6. The Bench shako justice bureau do have bring to justice the public sectors which commit
discrimination on employee of PWDs in employment activities and during competition
for employment.

7. As the finding indicated that, there is problem during negotiation for designing and
construction, this contradicts with building proclamation. Therefore I recommend the
consultant engineers that during making negotiation with engineers for building and
construction they should have to follow up the design of public building which that take
into consideration of the interest PWDs.

8. To council minister According to the result study provided there is legal gap to the
effective implementation and realization of employment rights of PWDs. To the
implementation of existing proclamation there should be regulation for that purpose but
there is regulation in this case. Therefore I recommend council of ministers that to make
enactment of regulation that support in the implementation of proclamation.

xlvii
xlviii
REFERENCE
International and regional human right Instruments
1. ILO Convention Concerning Discrimination in respect of Employment and
occupation, 1958, (No, 111) status, ratified,11 June,1966.
2. ILO Convention Concerning Vocational Rehabilitation and Employment on Disabled
Person Convention No.159.1983
3. Inclusion of people With Disabilities in, Ethiopia ILO/Irish Aid partnership program,
2009 and Report of RESPONDENT_HER Research project.
4. International Convention On Civil and Political Right adopted by United Nation
General Assembly on 16 December 1996, entered in to force 26 March 1976
5. International Convention on Economic Social and Cultural Right adopted by United
Nation General Assembly on 2006 entered in to force may 2008
6. Optional draft protocol of African charter on peoples and human right on person
with disability, 1999,
7. UN Convention on Right of Disabled Person (2006) and optional protocol status.
Signed on 30 March 2007, ratified.
8. UN Standard Rules on the Equalization of Opportunities for Persons with Disabilities,
1993.
9. Universal Declaration of Human Right adopted on December 10 of 1948
Books
1. African disability right year book ,2015,volume3,
2. Barbara hinde man Paul Grossman Employment discrimination law 4th edition,
volume,pp.886
3. Demelash Shiferaw and Yonas Tesfa Ethiopian Human Right Teaching Material
2009. Pp.81
4. Mehari Radie notes on Employment and Labor law courses, 2009, pp 59-60.
5. Procedures for providing reasonable accommodation for individuals with disability
hand book 7855/.2003 appendex1
xlix
 LAWS
1. Building proclamation, Proc. No 624,nega .gaz. year 15 th,No.31,200 9
2. Employment and Labor proclamation federal negaritte gazette extra ordinary repealed
proclamation no, 1156/2011.
3. Ethiopian civil servant proclamation, 2007 proc. No.1064, neg.gaz. year,13,no. 15
4. FDRE Proclamation concerning the rights to Employment for persons with disabilities,
proclamation No.568/2008.
5. Federal Building and constriction regulation No.243/2011
6. Federal Democratic Constitution of Ethiopia, Federal negaritte gazette, 1 st year, no- 1,
Addis Ababa, 1995.
7. s
Unpublished materials
1. Business Tutplus. Com/tutorials/understanding-the right o person with disabilities-
cum-33567.
2. Fantahun Melles National Programme Coordinator on Disability, ILO/Irish Aid
Partnership, progamme, PROPEL Project, Ethiopia [email protected].
3. Federal Democratic Republics of Ethiopia, Population and Housing Census, Central
Static Authority, 2007.
4. Toolkit on disability for AFIRICA, The Right of Person Disabilities’ to Work.

Journal and Articles

1. Suyum Zaniabe, Journal of Ethiopian law, towards inclusive employment the

conceptual basis and features of proclamation568/2008 on the employment of PWDs,
July 2010, volume 24,

Reports

1. Federal Democratic Republic of Ethiopia, population and Housing Census, Central

statistics Authority, 2007

l
2. The UN economic social council, the right to work, 2005, general comment No.18

3. World Health organization, world report on disability, 2011

Interview

1. .Interview with Mukter Sultan Bench shako zone High court public prosecutor on 18
January 2012

2. Interview with Meserat Gebreyes Bench Shako social prevention and control of disability
officer on 14 January2012

3. Interview with mr .Mathewos Gobchu Bench shako zone public civil sevice chief officer
on 14 January 2012

4. Interview with wezaro Konjit Sagude Bench Shako zone Human and Natural resource
administration coordinator officer on 14 January 2012

5. Interview with wezaro Montamor Getahun Bench shako zone the employee of finance
and economy biro on 13 January 201

Googles
1. http/erd.mt.gov./human-right laws/person with disabilities
2. http://ilo.org/suva/areas-of-work/WCMS_212132/lang-en/index.htmhttp://
guides.ll.georgetwon.edu/c.php?g=592919&p
3. http://www.ohchr.org/EN//Issues/Disability/pages/instruments.aspx

4. http://en.mwikipedia.org/eastafrica/434
5. http://plato.stanford.edu/entries/disability/

6. http://ec.eropa.eu/social/main.jsp?catld=14//73

li
 7. http://www.disabled-world.com/definition/disability-models.php

8. https://www.apa.org/pi/diability/reasource/publication/newsletter/2008/08/employment

9. http:// business.tutorials.com/tutorials/understsnding-the rights-of-people-with-disabilties

Annex
Interview quation presented to public servant

Jote Asefa 5th year Mizan Tepi University GC student

መግቢያ

የዚህ መጠይቅ ዋና አላማ የአካል ጉዳተኞችን የስራ ስምሪት መብትን በተመለከተ በሚያጋጥሙ ችግሮች ላይ ያተኩራል፡፡
የዚህ ጥናት ዋና ዓላማ ከአካል ጉዳተኞች የሥራ ሥምሪት መብታቸዉ ጋር ተያይዞ የሚያጋጥሙ ችግሮችን መለየት እና
ለችግሮቻቸዉ መፍትሄ የሚሆን ሀሳብን ማመላከት ነዉ፡፡ስለዚህ ይህን ዓላማ ከግብ ለማድረስ አካል ጉዳተኞችን ቀጥረዉ
የሚያሰሩ መንግስታዊና መንግስታዊ ያልሆኑ መስርያ ቤቶችን፣ ድርጅቶችን፣ አካል ጉዳተኛ ሰራተኞችን በማሳተፍ ለጥናታዊ
ጹሑፋችን አስፈላጊ የሆኑ መረጃዎችን ለመሰብሰብ ታስቧል፡፡ በመሆኑም እርሶ ፍቃደኛ ሆነዉ ይህንን መጠይቅ በመሙላት
ስለተባበሩን የላቀ ምስጋናችንን እያቀረብን በመጠየቁ ላይ የሚሞሉት ማንኛዉም መረጃ የእርስዎን ማንነት በሚገልጽ መልኩ
ለሶስተኛ ወገን የማይገለጽ መሆኑን እንገልጻለን፡፡ መጠይቁን ሲሞሉ ስሞን መጻፍ አያስፈልግም፡፡መልስ በሚሰጡበት ወቅት
መልሶዎን በተጠቀሰዉ ፊደልና በማብራርያዉ ቦታ ብቻ ትክክለኛዉን መልስ ያክብቡ ወይም ይጻፉ፡፡

January 2012 E.C

በመስሪያ ቤትዎ ወይም በድርጅትዎ ዉስጥ የአካል ጉዳተኛ ሰራተኞች አሉ?

.የመስሪያ ቤትዎ ወይም የድርጅትዎ ክፍት የስራ ቦታ ማስታወቂያ ይዘት የአካል ጉዳተኛ ሰራተኞችን ያካተተ ነዉ?

የመንግስት መስሪያ ቤት ከሆኑ የአካል ጉዳት ሰራተኞችን መብት የሚጠብቅና ተሳትፎአቸዉን የሚያረጋግጥ ክፍል(mainstreamof
disability) አለ?

በመስሪያ ቤትዎ ወይም በድርጅትዎ ዉስጥ የአካል ጉዳተኛ ሰራተኞዎችን የሚመለከት የዉስጥ መመሪያ አለ?

.በመስሪያ ቤትዎ ወይም በድርጅትዎ ዉስጥ ለሴት የአካል ጉዳተኛ ሰራተኞች በጾታና በአካል ጉዳት ምክንያት ያለባቸዉን ተደራራቢ
ጫና ያገናዘ ተገቢ የሆነ የማስተካከያ እና የድጋፍ እርምጃዎችን ይወስዳሉ?

በመስሪያ ቤትዎ ወይም በድርጅትዎ ዉስጥ ረዳት ለሚያስፈልጋቸዉ የአካል ጉዳተኛ ሰራተኞች ስራቸዉን በአግባቡ እንዲስሩ ወይም
የሚሰጡ ስልጠናዎችን እንዲከታተሉ ረዳት ይመድቡላቸዎል?

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የአካል ጉዳተኛ ሰራተኞችን እኩል የስራ ዕድል መብት ተጠቃሚ ለማድረግ መስሪያ ቤትዎ ወይም ድርጅትዎ ተመጣጣኝ የሆነ ምቹ የስራ
ሁኔታ ያደርጋል?

ከላይ በተራ ቁጥር መሰረት መስሪያ ቤትዎ ወይም ድርጅትዎ ለአካል ጉዳተኛ ሰራተኞዎች እኩል የስራ ዕድል መብት ተጠቃሚ ለማድረግ
ተመጣጣኝ የሆነ ምቹ የስራ ሁኔታ ለመፍጠር የሚወስዱት እርምጃ ተገቢ ያልሆነ ጫና(undue burden) መስሪያ ቤትዎ ወይም
ድርጅትዎ ላይ ይፈጥራል ብለዉ ያምናሉ?

. መስሪያ ቤትዎ ወይም ድርጅትዎ ሰራተኞችን ሲመለምል የመመልመያ መስፈርቶቹ የአካል ጉዳተኛ ሰራተኞዎችን እኩል የስራ ዕድል
መብትን ያገናዘበ ነዉ?

.በመስሪያ ቤትዎ ወይም በድርጅትዎ ዉስጥ የአካል ጉዳተኛ ሰራተኞዎችን የስራ አፈጻፀም ሁኔታ አካል ጉዳተኛ ካልሆኑ የመስርያ
ቤትዎ ወይም የድርጅትዎ ሰራተኛ አንፃር

11. ስለ አካል ጉዳተኛ ሰራተኞች መስሪያ ቤትዎ ወይም ድርጅትዎ ስራቸዉን በአግባቡ እና በብቃት ከማከናወን አንጻር ያለዉ ግንዛቤ
ይመስላል?

12. መስሪያ ቤትዎ ወይም ድርጅትዎ በአካል ጉዳተኛ ሰራተኞዎች የመብት ጥያቄ ተጠይቆ ያዉቃል?

እናመሰግናለን

Interview presented for respondents employee of PWDs

Jote Asefa 5th Year Mizan TEPI University GC Student

January 2012 GC

የሚሰሩበት መስርያ ቤት ------------------------------------ -------------

የስራ መደብ --------------------------------------------------------

2. እርስዎ በግል ድርጅትም ሆነ በመንግስት መስርያ ቤት ተቀጥሮ ለመስራት ያለዎትን መብት ያዉቃሉ?

3. እርስዎ የአካል ጉዳተኛ ሰራተኛ እንደመሆንዎ መጠን የአካል ጉዳተኞዎች ለመቀጠር የስራ ዕድል አቅርቦት በበቂ ሁኔታ አለ
ብለዉ ያምናሉ መልሰዎ አላምንም ከሆነ ለምን?

4. እርስዎ በተቀጠሩበት ወቅት በወጣዉ ክፍት የስራ ቦታ ማስታወቂያ ላይ እርስዎን በልዩ ሁኔታ የሚያበረታታ ይዘት ነበረዉ?

መልስዎ አልነበረም ከሆነ ለምን

5. በቅጥር ወቅት ከስራዉ ባህሪ በስተቀር መድሎ ደርሶበዎት ያዉቃል?

መልስዎ አዎ ከሆነ ለምን እንዲሁም ምን አየነት መድሎ ደርሶበዎት ያዉቃል?

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6.የስራ ደረጃዎን ለማሻሻል ሀገር ዉስጥም ሆነ በዉጭ ሀገር ስልጠና ወስደዉ ያዉቃሉ?

መልስዎ አላዉቅም ከሆነ ለምን

7. በሚሰሩበት መስርያ ቤት ወይም ድርጅት የደረጃ እድገት አግኝተዉ ያዉቃሉ?

መልስዎ አላዉቅም ከሆነ ለምን?ሀ.

8. በተመደቡበት ተመሳሳይ የስራ መደብ ከሌሎች ሰራተኞች እኩል ደሞዝ እና ጥቅማጥቅም ያገኛሉ?

መልስዎ አላገኝም ከሆነ ለምን?

9. በቅጥር፣ በእድገት፣ በድልድል፣ በዝዉዉር ወይም በሌሎች የስራ ስምሪት ሁኔታዎች ለመመልመያ የሚቀርቡ መስፈርቶች እርስዎን
በእኩልነት የሚያሳትፉ ናቸዉ?

መልስዎ አይደሉም ከሆነ ለምን?

10. እኩል የስራ ስምሪት ዕድል መብትን ለመጠቀም ተመጣጣኝ የሆነ ምቹ የስራ ሁኔታ ይደረግለዎታል?

መልስዎ አዎ ከሆነ በምን መልኩ ያብራሩ::

11. ስራዎን ለመስራት ወይም የሚሰጡ ስልጠናዎችን ለመከታተል የሚያስችል ረዳት ተመድቦዎለታል?

መልስዎ አልተመደበልኝም ከሆነ

12. የሚሰሩበት የስራ አካባቢ ለእርስዎ ያለዉ የምቹነት ደረጃ ምን ይመስላል?

13.ከላይ ከተዘረዘሩት በተጨማሪ የእርስዎን እኩል የስራ ስምሪት መብትን ሊያጣብቡ ይችላሉ የሚለሏቸዉን ተቋማዊና ተቋማዊ
ያልሆኑ ችግሮችን በአጭሩ ይግለጹ

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