Provisions on Work, Employment, Social Protection

Under international law, Government should recognise the right of persons with disabilities to work, on an equal basis with others. The right of persons with disabilities to work is also enshrined in the Disability Bill, and it includes the right to the opportunity to gain a living by work freely chosen or accepted in a labour market and work environment that is open, inclusive and accessible to persons with disabilities.

Under Part III of the Bill, Article 28, Government shall safeguard and promote the realization of the right to work, including for those who acquire a disability during the course of employment. In particular, Government shall (a) promote employment opportunities and career advancement for persons with disabilities in the labour market, as well as assistance in finding, obtaining, maintaining and retaining employment; (b) promote opportunities for self-employment, entrepreneurship, and the development of cooperatives including equal access to financial opportunities; (c) promote the employment of qualified persons with disabilities in the public and private sector through appropriate policies and measures, which shall include affirmative action programmes and incentives; (d)        promote vocational and professional rehabilitation, job retention and return-to-work programmes for persons with disabilities.

Under the same Article, no person shall be discriminated against on the basis of disability with regard to all matters concerning all forms of employment, including conditions of recruitment, hiring and restructuring employment, continuance of employment, career advancement and safe and healthy working conditions. Any person who contravenes this provision shall be guilty of an offence and shall be liable, in the case of an individual, to a fine of one K100, 000.00 and imprisonment for five years; or in the case of a body corporate, organization or association, to a fine of one million Kwacha.

The Bill also has provisions on social protection. It stipulates that Government recognizes the right of persons with disabilities to adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions, and shall take appropriate steps to safeguard and promote the realization of this right without discrimination on the basis of disability. In particular, Government shall (a) ensure equal access by persons with disabilities to appropriate and affordable social services; (b) ensure access by persons with disabilities to social support programmes; (c) develop national guidelines to move persons with disabilities receiving social benefits into self or open labour market employment by linking them with training opportunities.

Any person who contravenes the above provisions shall be guilty of an offence and liable, in the case of an individual, to a fine of K100, 000.00 and to imprisonment for five years; or in the case of a body corporate, to a fine of one million; or any other measure the court may deem appropriate to redress the situation.