Post on 15-May-2023
THE ADEQUACY OF TANZANIAN LAWS IN PROTECTING
DISABLED PERSONS TO SECURE EMPLOYMENT: A CASE
STUDY OF DAR ES SALAAM REGION.
i
THE ADEQUACY OF TANZANIAN LAWS IN PROTECTING
DISABLED PERSONS TO SECURE EMPLOYMENT: A CASE
STUDY OF DAR ES SALAAM REGION.
By
Mchomvu Namsifu A
Reg No: 3103116/T.12
Supervisor: MR.Omary Issa
ii
A RESEARCH PAPER SUBMITTED TO THE FACULTY OF LAW IN PARTIAL
FULFILMENT OF THE REQUIREMENT FOR THE DEGREE OF LL.B AT
MZUMBE UNIVERSITY.
2015
CERTIFICATIONWe, the undersigned, certify that, we have read and here by
recommend for acceptance by the Mzumbe University a
research report titled “The Adequacy of Tanzanian Laws in
Protecting Disabled Persons to Secure Employment.” in
partial fulfillment of the requirements for award of
bachelor of laws (LL.B) degree of Mzumbe University.
______________________
MR. OMARI ISSA
(Supervisor)
______________________
Date
______________________
Internal Examiner
iii
______________________
Date
DECLARATION ©RIGHTI, MCHOMVU NAMSIFU, do hereby declare that this research
report is my own work, not copied from anywhere and it has
not been demonstrated in any learning institution that is
college or university for similar or any other degree award
in academic use.
_________________
MCHOMVU NAMSIFU
(Supervisee)
_________________
Date
iv
©
2015
This dissertation is a copyright material protected under
the Berne Convention, the Copyright and Neighboring Act
[Cap. 218 R.E. 2002], and other international and national
enactments, in that behalf, on intellectual property. It
may not be reproduced by any means either in full or in
part, except for short extracts in fair dealings, for
research or private study, critical scholarly review or
discourse with an acknowledgement, without the written
permission of Mzumbe University, on behalf of the author.
DEDICATIONI dedicate this research work to my family who supports me
in everything.
v
ACKNOWLEDGEMENTFirst and foremost, I have to thank my research supervisor,
Mr. Omari Issa. Without his assistance and dedicated
involvement in every step throughout the process, this
paper would have never been accomplished. I would like to
thank you very much for your support and understanding over
the past one year.
vi
I would also like to show gratitude to Mr. Andrew ST
Mchomvu, Ms. Stellah Manongi, Mr. Kaganzi Rutachwamagyo,
Ms. Rose Makombe whose style and enthusiasm for the topic
made a strong impression on me and I have always carried
positive memories of their sessions with me. They raised
many precious points in our discussions and I hope that I
have managed to address several of them here. Even though I
have not had the opportunity to work with Ms. Jacqueline
Kweka, previously, the impact of her work on my study is
obvious throughout this report.
Getting through my report required more than academic
support, and I have many, many people to thank for
listening to and at times having to tolerate me over the
past year. I cannot begin to express my gratitude and
appreciation for their friendship Mr. Hussein Jeremia and
Ms. Nyambura Nashon who have been unwavering in their
personal and professional support during the time I spent
doing this research report.
Most importantly, none of this could have happened without
my family. My parents who offered me encouragement through
phone calls despite my own limited devotion to
correspondence. It would be an understatement to say that
every time I was ready to quit, they did not let me and I
vii
am forever grateful. This report stands as a testament to
your unconditional love and encouragement.
I, however remain entirely responsible for any error or
omission found in this research report.
viii
LIST OF LEGISLATIONS, POLICIES AND INTENATIONAL INSTRUMENTLIST OF CONVENTIONS
ILO (1958), Convention concerning Discrimination
(Employment and Occupation) Convention, (No. 111), Geneva;
Switzerland
ILO (1983) Vocational Rehabilitation and Employment
(Disabled Persons) Convention, (No. 159), Geneva;
Switzerland
ILO (1975) Human Resource Development Convention No. 142,
Geneva; Switzerland
The Convention concerning the Organization of the
Employment Service, NO.88 1948
United Nations (1966) International Covenant on Economic,
Social and Cultural Rights, New York: United Nations
United Nations (2006), Convention on the Rights of Persons
with Disabilities, New York: United Nations
United Nations, (1948) Universal Declaration of Human
Rights, New York: United Nations
LIST OF LEGISLATIONS
DOMESTICT LEGISLATION
ix
Employment and Labour Relation Act, Act No 6 of 2004
Labour Institution Act, Act No 7of 2004
The Constitution of the United Republic of Tanzania, 1977
[Cap 2 R.E 2002]
The Disabled Persons (Care and Maintenance) Act, Act No. 3,
1982
The Disabled Persons (Employment) Act, Act No. 2, 1982
The Persons with Disability Act, Act No 9 of 2010
POLICIES
Tanzania, United Republic of, (2004), National Policy on
Disability
Tanzania, United Republic of, (2008), National Employment
Policy.
x
LIST OF ABREVIATIONSAU African Union
ADA Americans with Disabilities Act
CCBRT Comprehensive Community Base Rehabilitation
in Tanzania
CRPD Convention on the Rights of the Persons with
Disabilities
CURT Constitution of United Republic of Tanzania
ELRA Employment and Labour
Relations Act
Ed. Edition
Ibid In the Same Place
ILO International Labour Organization
LHRC Legal and Human Rights Centre
MDG Millennium Development Goals
NO. Number
NGO Non-Governmental
Organizations
xi
PWDs Persons with Disabilities
PRSP Poverty Reduction Strategy
Papers
R.E Revised Edition
TUICO Tanzania Union of Industrial and Commercial
Workers
UDHR Universal Declaration of Human Rights
UN United Nations
xii
ABSTRACTA disability is a permanent injury, illness or physical or
mental condition that tends to restrict the way that
someone can live their life. Due to those difficulties,
people with disabilities faces a lot of challenges
especially in the employment sector. They are discriminated
through not being employed because of disability even if
they are qualified. Different legislations and National
policy have been passed to promote and protect the
employment rights of the disabled people unfortunately the
problem still persists.
This study focuses on the analysis of the adequacy of the
laws governing persons with disability in securing
employment in Tanzania specifically at the Dar es Salaam
region. In fulfilling this, the research has been divided
into four chapters. The objectives of this study was to
examine the adequacy of the law in protecting the right of
people with disabilities to secure employment and establish
whether there is a need to revisit the law in ensuring that
disabled people are adequately protected in securing
employment.
In this study data was mainly collected through
questionnaires, interviews, library research and
xiv
documentary reviews from various institutions. Findings of
the research shows that despite Tanzania enactment of laws
that guarantee protection against discrimination of persons
with disabilities in working places yet PWDs are
marginalized resulting to low number of employed PWDs due
to reasons such as inadequacy of the laws, lack of
financial resources, society stigma, low level of education
and lack of follow ups in implementing the laws.
Finally, the last chapter contains conclusion and
recommendations such as the proper implementation of the
disability and legislation, the government to make
strategic review of the laws governing people with
disabilities in securing employment and enhancement of
education on the rights of persons with disabilities.
TABLE OF CONTENTSCERTIFICATION..................................................iDECLARATION ©RIGHT........................................ii
DEDICATION...................................................iiiACKNOWLEDGEMENT...............................................iv
LIST OF LEGISLATIONS, POLICIES AND INTENATIONAL INSTRUMENT.....vLIST OF ABREVIATIONS.........................................vii
xv
ABSTRACT......................................................ixCHAPTER ONE....................................................1
INTRODUCTION...................................................11.1 Introduction...............................................1
1.2 Background of the Study....................................11.3 Statement of the Problem...................................3
1.4 Literature Review..........................................41.5 Research Questions.........................................9
1.6 Objective of the Study....................................101.6.1 General Objective.......................................10
1.6.2 Specific Objectives.....................................101.7 Significance of the Study.................................10
1.8 Research Design and Methodology...........................111.8.1 Research Design.........................................11
1.8.2 Sample Size.............................................111.8.3 Sampling and Sample Procedure...........................12
1.8.4 Scope of the Study......................................121.8.5 Methods of Data Collection..............................13
1.8.5.1Primary Data...........................................131.8.5.2 Questionnaires........................................13
1.8.5.3 Interview Method......................................141.8.5.4 Observation...........................................14
1.8.6 Secondary Data..........................................141.9 Data Analysis and Presentation............................15
1.10 Conclusion...............................................15CHAPTER TWO...................................................16
xvi
THE CONCEPTUAL FRAMEWORKGOVERNING PERSONS WITH DISABILITY IN EMPLOYMENT....................................................16
2.1 Introduction..............................................162.2 Definition of Key Terms...................................16
2.2.1 Unemployment............................................162.2.2 The Concept of Discrimination...........................16
2.2.3 Disability..............................................172.2.4 Person with Disability..................................17
2.2.5 Types of disabilities...................................182.2.6 Disability and employment...............................18
2.3 Rights of Persons with Disabilities on Employment.........182.4 Factors attributing to the Realisation of the Concept of Disability and Employment.....................................192.4.1 Standard Rules..........................................19
2.4.2 The Millennium Declaration and the Millennium Development Goals.........................................................20
2.4.3 Important international organizations and bilateral donors..............................................................20
2.4.3.1 The World Bank........................................202.4.3.2 The European Commission...............................21
2.4.3.3 The International Labour Organization (ILO)...........212.4.3.4 The African Decade of Disabled People.................21
2.5 Responsibilities of stakeholders in employment of people with disabilities.............................................22
2.5.1 Responsibilities of Trade Unions........................222.5.2 Responsibilities of Employees and Registered Employers’ Associations..................................................232.5.3 Responsibilities of Civil Society Organizations.........23
xvii
2.6 Conclusion................................................23CHAPTER THREE.................................................24
THE LEGAL FRAMEWORK GOVERNING PERSONS WITH DISABILITIES IN EMPLOYMENT....................................................24
3.1 Introduction..............................................243.2 International Human Rights Instruments....................24
3.2.1 International Covenant on Economic, Social and Cultural Rights, 1966..................................................24
3.2.2 The Convention concerning the Organization of the Employment Service, 1948......................................25
3.2.3 Convention Concerning Discrimination in Respect of Employment and Occupation, 1958...............................25
3.2.4 Convention on Vocational Rehabilitation and Employment (Disabled Persons), 1983......................................25
3.2.5 United Nations Convention on the Rights of Persons with Disabilities, 2006............................................26
3.3 Domestic Legislations and Policies........................263.3.1 The National Disability Policy of 2004..................26
3.3.2 The National Employment Policy of 2008..................273.3.3 The Disabled Persons (Employment) Act of 1982...........27
3.3.4 The Persons with Disabilities Act, 2010.................283.3.5 The Labour Institutions Act, 2004.......................29
3.3.6 The Employment and Labour Relations Act, 2004...........293.4 Conclusion................................................30
CHAPTER FOUR..................................................31RESEARCH FINDINGS, PRESENTATION AND ANALYSIS..................31
4.1 Introduction..............................................314.2 Practicability of the law governing persons with disabilities in employment....................................32
xviii
4.3 Reluctance of the Employers to employ disabled persons.. . .344.4 Employers Perception on Person with Disability............37
4.5 Adequacy of the laws covering persons with disability.....394.6 Conclusion................................................40
CHAPTER FIVE..................................................41SUMMARY, CONCLUSION AND RECOMMENDATION........................41
5.1 Introduction..............................................415.2 Summary of Findings.......................................41
5.3 Conclusion................................................435.4 Recommendations...........................................44
BIBLIOGRAPHY..................................................45Appendix I: QUESTIONNAIRE TO PEOPLE WITH DISABILITIES.........49
Appendix II: QUESTIONNAIRE TO ORGANISATIONS...................52Appendix 3: QUESTIONNAIRE TO INSTITUTIONS.....................55
xix
CHAPTER ONE
INTRODUCTION
1.1 IntroductionAccording to world health organization, 10 percent of the
world’s population has disabilities1. The disability
includes mental, physical or sensory impairment. In theory,
people with disabilities have the same rights as you and me
to fully participate in all spheres of life such as in
family, at school, in the workplaces, in politics and
religious services However this theory is opposite in many
developing countries.
Unemployment has become so significant in the global
economy for persons with disabilities that they often have
no access to the labour market and encounter serious
discrimination in seeking employment or involvement in
self-help groups or income-generating activities. The
community has failed to grasp the view that disabled people
can help in contributing to the growth and take the country
out of economic downturn. The model of employment support
needs to change so that it meets disabled people’s
aspirations. Otherwise the next generation of disabled1 United Nations, Decade of disabled persons, 1983- 1992, World Programme of Action concerning disabled persons.
1
people will still be out of work for lack of good cost
effective support and they, their families and the Tanzania
economy will be the losers.
1.2 Background of the StudyThe term “Disability” has been defined by section 3 the
Tanzania Persons with disability Act (PWDA) of 20102 as an
individual limitation or loss of opportunities to take part
in the normal life of the community on an equal level with
others due to physical, mental or social factors.
From 1990 there has been a strong growing movement towards
promoting the integration of job seekers with disabilities
into competitive employment. This movement has received
fresh impulse during the first phase of the ILO/Irish Aid
programme 2001-2003 through the declaration of several
regional decades of persons with disabilities such as the
Asian and Pacific decade of disabled persons 2003- 2012,
the African decade of persons with disabilities from 1999
– 2009, the Arab Decade of disabled people, the adoption of
the ILO code of practice on managing disability in work
place in 2001, its wide spread dissemination and the
adaptations of other UN conventions in relation to people
with disabilities in the work places such as The United
Nations Convention on the Rights of People with
2 Act No. 9 of 20102
Disabilities3. Tanzania tried to cater for the people with
disabilities in the employment sector and ratified various
conventions such as the ILO Convention4 and the UN
Convention on the Rights of Persons with Disabilities. It
also developed national policies for people with
disabilities such as The National Disability Policy of
2003, The National Employment Policy of 2008 and in 2010.
It created legislations such as The Disabled Persons (Care
and Maintenance) Act5, the Disabled Persons (Employment)
Act6 and the person with disabilities Act7.
Nevertheless it has become evident that employers are often
not clear what disability is and have little awareness that
persons with disabilities can work. This is evident through
the research from Comprehensive Community Based
Rehabilitation in Tanzania (CCBRT) Hospital, Radar
Development, and Disability Aid Abroad conducted in 2010
after the Persons with Disabilities Act of 2010 was passed
into law. The findings revealed that most employers are
ignorant of these legal requirements concerning the
3Akiko Yokoyama, A Comparative Analysis of Institutional Capacities forImplementing Disability Policies in East African Countries: Functions of National Councils for Disability, pg. 234 No. 111 of 19585Act No. 3 of 19826Act No. 2 of 1982 7 Act No. 9 of 2010.
3
employment of persons with disabilities. For instance, in
the 126 companies that were surveyed with a number of
25,446 employees, only 186 (0.7%) of employees were persons
with disabilities.8
1.3 Statement of the Problem.Tanzania has a population of approximately 44 million
people, yet it doesn’t have reliable statistics of Persons
with Disabilities in the country. However, basing on global
formula out of 44 Million people 10% are disabled people.
In that footnote Tanzania has 4 million people with
disability which is a significant part of the entire
population that cannot be ignored9.
Apart from Tanzania ratifying several international
conventions, making national policies and enacting national
legislations which protect employment’s rights for disabled
people, the parent law, that is, the Constitution of the
United Republic of Tanzania10 guarantees right to employment
to people with disability without prejudice as per Article
11(1). All these laws provide right to employment for
disabled people.8CBRT (2010) report-An Assessment of Proportion of Person with
Disability in the Work Places, Pg.21. 9www.nbs.go.tz See also http://www.disability-help.me Accessed on 27th August, 2014. 10 Cap 2 {R.E 2010}.
4
Notwithstanding the existence of such laws, a substantial
number of disabled people have not yet managed to secure
employment as revealed in the research report of the Legal
and Human Rights Centre (Tanzania Human Rights Report of
2008), that indicate that in Tanzania 20% of the most
impoverished individuals are disabled people who lack
employment opportunities to earn their living.11 Therefore
it is an issue that is worth asking as to why people with
disability fail to secure employment despite having
provisions under the law which safeguard their rights to
access employment.
It is on that basis where it becomes of paramount
importance to study whether the law is adequately
protecting the rights of disabled people in securing
employment and in probing why employers fail to comply with
the law and whether there is a need to revisit the law in
order to ensure people with disability are adequately
protected in securing employment.
1.4 Literature ReviewMany authors have written on human rights worldwide and
explained in detail the concept of disability. Since in
Tanzania the society and the proposed community of persons
with disabilities are not aware of their rights therefore11 LHRC Tanzania Human Rights Report of 2008 , Pg. 187
5
this research attempt to suggest some means to reach such
demand.
Kamuli R12 in his book discusses the discrimination against
the persons with disabilities. That they are excluded from
the participating in society and are denied their human
rights. He argues that the effects of discrimination are
most clearly felt in aspects of economic, social and
cultural rights, for instance, housing, employment,
transport, cultural life and access to public services.
Regarding the employment aspect Kamuli argues that;
Every employer is obliged to promote equality/non-discrimination where
there is a vacant fit for a person with disability the employer is bound to
give the employment to a person with disability if s/he applies and meets
the minimum qualification for such employment.13
According to him14 such duty can only be departed where the
employer proves that she/he has failed to find a person
with disability possessing the adequate skills and
experience or that it is impracticable to employ a person
with disability. It is the purpose of this study to assess
12 Kamuli R;(2009) Human rights Law; Global, Africa and Tanzania Perspective, Inland Press; Mwanza p.228
13 Ibid at p.24214 Ibid
6
the reasons that make employers fail to employ persons with
disabilities in workplaces.
Also Blanck p. d15provides that federal agencies and the
courts need to continue providing guidance to employers and
employees through technical assistance, enforcement
activities and the development of case law. These efforts
in tandem with research, education and advocacy from the
disability community will gradually begin to change
attitudes about people with disabilities.
Although the Author establish that guidance should be
provided to both employees and employers so that there can
be a change of attitudes about people with disabilities in
the employment sector. The author doesn’t tell us why
employers hesitate to employ people with disabilities in
their enterprises. The perspective advanced doesn’t know
the ideologies that constrain employers from employing
people with disabilities.
In addition to that Catherine Barnard in the book of EU
employment Law16 states that measures are provided at helping
those with disabilities adopt a welfare approach through
promoting the employment and vocational training of
15Blanck, P.D Employment disability and the American with Disabilities Act, New York.USA, Pg 101.16Barnard, C. (2012). EU Employment Law (4th ed). United Kingdom: Oxford university press, pg. 344
7
disabled people. These measures include policies related to
sheltered employment, disability related legislation,
vocational rehabilitation and training and providing
incentives to employers to assist with special costs
incurred when employing a disabled worker.
Tanzania has initiated these measures into her regime but
still its effectiveness is not seen. This is supported by
the workplace disability survey which was conducted in 2011
by CCBRT, Radar development and disability Aid Abroad. This
survey was carried out within Dar es Salaam region. Here
126 companies were surveyed, over half (54%) companies
their employers reported not to having anyone with
disability employed17. So the initiatives adopted have not
been effective. So the study is going to explore why the
initiatives embraced have not been effective.
Also Lord J18 stated that persons with disabilities often
lack a voice in the public discourse and their interests
and needs are frequently neglected. Also empirical
evidence suggests that poverty is associated with
disabilities and that disability may increase the risk of
poverty. Persons with disabilities are often denied their
human, social, economic rights in aspect as employment.17CBRT (2010) report An Assessment of Proportion of Person with Disability in the Work Places, Pg. 21.18 “Disabilities and International Cooperation and Development”. A review of policies and practices, SP Discussion Paper No. 1003 May 2010, Pg 2.
8
Hence these factors contribute to high levels of
vulnerability and exclusion. The author did not provide the
means of coming out of these problems which would result to
freedom from poverty therefore this research tends to fill
such gap.
Likewise Madai N.R.C19indicated that the situation of people
with disabilities in Tanzania is marked by years of poverty
and struggle. Poverty is worse in rural areas and persons
with disabilities in the country show the same
characteristics as poor people which include low income and
live hood insecurity, poor health, limited access to health
care, lack of employment and education. Many people with
disability increasingly continue to fight the hardship in
life to make ends meet. As a result this research tends to
suggest the possible remedies of helping persons with
disabilities in securing employment.
Additionally the International Labor Office20 acknowledges
that disability is frequently used as a reason to exclude
people with disabilities and deny them equal employment
opportunities. The author also commented that a high number
of states prohibit discrimination on the basis of
19 Disability and Poverty Reduction: Paper Presented at a Workshop on Policy Perspectives on the Vulnerable, held on 21st October 200320International Labour Office (2004) Achieving Equal EmploymentOpportunities for People with Disabilities through Legislation:Guidelines, Switzerland.
9
disability in the field of employment through comprehensive
laws. The objective of such laws is to combat the exclusion
of the denial of equal employment opportunities to people
with disability. By making disability a protected ground,
the law extends protection against discriminatory behavior
and punishes those people who violate the non-
discriminatory norm. In connection to the enforcement of
employment rights of people with disabilities in Tanzania,
laws are enacted in Tanzania to protect the disabled people
unfortunately they still face a lot of impediments
especially in the aspect of securing employment. So this
study intended to cover measures taken in order to ensure
laws are enforced and get to understand the adequacy of the
laws in protecting persons with disabilities in securing
employment.
As well Aldersey Heather and Turnbull21 conducted a study
that examined the integration of people with disabilities
and the employers understanding of the national disability
employment laws in companies represented by a trade union
known as TUICO in Dar es Salaam. The study provided
findings showing that respondents with disabilities
perceived that employers still discriminate against them on
21Aldersey, H.M & Turnbull, H.R (2011) The United Republic of Tanzania’sNational policy on Disability: A Policy Analysis Journal of DisabilityPolicy Studies. University of Kansas, Beach Center on Disability.
10
the basis of their disabilities. The study further revealed
that despite the fact that a person with a disability may
be well-educated and well-qualified to secure a certain
job, employers will still favor non-disabled candidate.
Thus employment is a big problem even for those with
education. People with disabilities hesitate to opt for
certain professions such as law, because they are of the
opinion that they won’t secure employment after the
training. The author has tried to show the challenges
facing disabled people in the field of employment, in
connection with this study he intended to inform employers
of their obligations to employ people with disabilities and
encourage proper implementation of the existing national
disability policy and legislation in order to guarantee
full recognition of the rights of people with disabilities
in securing employment in Tanzania.
Correspondingly Fattam Z22 has shown that the society is
still discriminatory to children’s with disabilities. He
has noted that children with disabilities are not easily
integrated in the Education system. The author points out
that this has caused many children with disabilities to be
uneducated hence the lack of qualifications for employment.
22 Fattam. Z.(1996) Mainstream Children’s Attitude towardIntegration with the disable in Zimbabwe’s secondary Schools, Paperin Education Development No.17.
11
The author failed to show that in some circumstances that
they are people with disabilities who are well educated but
still lack employment. So this research intended to show
and asses why employers are very hesitant in employing
people with disabilities.
Similarly Brownlie I and Goodwin-Gill, G23 analyzed the
rights of persons with disabilities as given in the
Declaration on the rights of disabled persons of 1975.
Inter alia, they have cemented that persons with
disabilities have the right to economic and social security
and to a decent level of living. They have the right in
accordance to their capacity to secure and retain
employment. It can be observed that the rights of persons
with disabilities are protected by enactment of laws and
policies. However despite the efforts paused,
discriminations are yet to overcome. It is the purpose of
this study to explore on the reasons behind the
discrimination and to provide recommendation on alleviation
of the discriminations that face persons with disabilities
in securing employment.
23 Brownlie, I and Goodwin-Gill, G(Eds). (2006) Basic Document on Human Rights. 5thEd. Oxford Press; New York
12
Besides that also Kipobota Clarence24 in his article,
observed that reports and experience show that people with
disabilities often face mistreatments. The author referred
to Legal and Human Rights Centre’s Report (Tanzania Human
Rights Report of 2008), where the World Bank had estimated
that 20% of the most impoverished individuals are disabled
because they lack education and employment opportunities to
earn their living. He further contends that because of
combination of those factors, it is also on records that,
in most of developed countries (Tanzania inclusive), about
90 percent of children with disabilities do not attend
school and because of lack of education they find
themselves in marginalized position as they could not be
employed or self-sustaining. He also appreciates the
presence of the Persons with Disabilities Act25 which
incriminates all forms of discrimination and mistreatments
against persons with disabilities, while at the same time
provides for the rights and duties of the same.
Although the author recognized the law he failed to point
out its implementation which is very low because still
employers don’t adhere to the laws and policies that have
been established, so one of the major aim of this study was
24 Kipobota C. (2011), International day of PWDs 2011: Call for inclusion of persons with disabilities in development .
25 Act No 9 of 201013
to identify why employers are still hesitant in employing
persons with disabilities despite the existing laws and
policies.
Congruently Rutinwa Bonaventure26 in his book analyzed the
ELRA in the dimension of prohibition of discrimination at
work in many different settings and in a variety of forms
for persons with disabilities. The author asserted that
discrimination at work denies opportunities to individuals
and deprives the society of what those people can and could
contribute. This study intends to appraise the situation
and give recommendations on how to overcome discrimination
to people with disabilities in securing employment.
1.5 Research Questionsi. What is the assessment on the practicability of law
governing disabled persons in regards to securing
employment?
ii. Is the legal framework for disabled people in
accessing employment adequate, if not is there a need
to revisit the law in ensuring that disabled people
26 Rutinwa, B. et al. (n.d)The new Employment and labour Relations law In Tanzania; An Analysis of Labour Legislation in Tanzania. At pp. 45 & 63
14
are adequately protected by the law in securing
employment?
iii. What are the main reasons which make employers fail to
comply with the law that provides the right of people
with disability to secure employment?
1.6 Objective of the StudyThis study has a general objective and specific objectives
which all aim at protecting the rights of persons with
disabilities in securing employment.
1.6.1 General ObjectiveTo examine the adequacy of the law in protecting the right
of people with disabilities to secure employment and
establish whether there is a need to revisit the law in
ensuring that disabled people are adequately protected in
securing employment.
1.6.2 Specific Objectivesi. To examine why most of the employers fail to comply
with the law which provides the right of people with
disability to secure employment.
ii. To find out the provisions of the law which most of
the employers hesitate to consider in creating
15
opportunities for employing people with disability in
their enterprises.
iii. To investigate on the effectiveness of the policies
and instruments developed to ensure employers
compliance to effect employing 3% of its work force to
be constituted by people with disability.
iv. To determine why is there a high rate of unemployed
people with disabilities despite the existence of laws
and policies.
1.7 Significance of the StudyThe study was done as a fulfillment of the requirements in
Bachelor of laws (LLB) pursued at Mzumbe University.
Therefore it is an essential element in the academic award
attainment.
Also the findings generated out of this study will inform
government institutions and private institutions with
correct information on how to develop proactive policies
that will help in reducing the percentage of unemployed
people with disabilities.
Furthermore the study will help to identify research gaps
which other researchers can probe and come out with more up
to date information that can help to enhance promotion of
16
employing people with disability in different work
settings.
In addition to that the study will be used as an eye opener
to call for the need of protecting people with disabilities
in securing employment.
Moreover this study will be used as a testimony to promote
equality as provided in Article 11(1) of the Constitution
of the United Republic of Tanzania of 1977 as amended from
time to time. 27
1.8 Research Design and Methodology
1.8.1 Research DesignThis research used mostly qualitative research design. This
emanated from the fact that most of the information was
generated from opinion, feelings of the respondents and
from peoples with disability themselves as key respondents.
Other information was generated from NGO’s dealing with
people with disabilities and some selected offices which
are responsible in observing the enforcement of the law
which governs employment. However, some limited
quantitative information was derived from statistical
number of people covered by the study such as employment
ratio at different employing agencies.27[CAP 2 R.E 2010]
17
1.8.2 Sample SizeThe sample used by the researcher included sixty
respondents derived from different categories of
personalities. The sixty sample population was taken to
ensure availability of adequate data that could help
answering the key research questions as well as generating
a balanced opinion in analyzing the adequacy of the law in
protecting people with disabilities to access employment.
Therefore the rationale of the sample was dictated by the
nature of the research goals and research questions.
1.8.3 Sampling and Sample ProcedureThe sample selection based on a group of individuals coming
from different disciplines of study and common people. The
sample selection strategy enabled the researcher to pick
the most relevant and appropriate respondents who generated
the most needed information. The procedures for selecting
respondents involved the use of purposive sampling
technique in identifying personalities who had adequate
knowledge on the subject matter of the study.
Secondly at identifying respondents for interviewing at
academic world and legal practitioners random sampling was
used; as most of the respondents were conversant with the
subject understudy.
18
Basing on the above procedure the framework for selecting
research respondents used was from the academic circle,
employers, researchers, legal practitioners and people with
disabilities. These enabled the researcher to be acquainted
with knowledge on the legal frame work and its role towards
enabling disabled people to access employment in different
work settings. The broad category of respondent also
enabled the researcher to generate adequate information in
analyzing the role of the law and how it helps either to
influence and support employment of people with disability
at different work placement in formal sector.
1.8.4 Scope of the StudyThe study area was in Dar es Salaam region as a
representative sample of Tanzania. The rationale for this
selection emanated from the following factors:-
Firstly Dar es Salaam Region is one of the regions which
implements community based programmers for care, support
and protection of people with disability and vulnerable
ones.
Secondly Dar es Salaam has various human right institutions
which advocates for protection of people with disabilities.
This includes interalia Legal and Human Right Center, CCBRT
and RADAR. These institutions provided reliable information
regarding the status of people with disabilities and
19
employment as well as showing how the law is enforced in
protecting people with disabilities in accessing
employment.
Thirdly the region was chosen due to the high number of
unemployed people with disabilities. Therefore they were a
potential source for generating first class and reliable
data needed to accomplish the research goal.
1.8.5 Methods of Data CollectionMethods of data collection dwelled on primary and secondary
data information gathering.
1.8.5.1Primary DataThese are fresh data collected directly from the key study
respondents. The researcher used three methods namely
questionnaire, interview and Observation.
1.8.5.2 QuestionnairesThe questionnaires were prepared in English. They included
both close and open ended questions. The questionnaire was
administered to academicians, legal practitioners,
researchers, employers and people with disabilities. The
age category was those who are above 18 years of age. The
questionnaire instrument was selected by the researcher
because of its capacity to collect large amounts of
20
information from a large number of people in a short period
of time and in a relatively cost effective way. Further the
results of the questionnaires can be quickly and easily
quantified by the researcher through a software package.
The data can easily be quantified and compared with other
research findings. Therefore increases validity and
reliability of the findings.
1.8.5.3 Interview MethodIn this method rather than asking respondents to read
questionnaires and enter their own answers, the researcher
asked oral questions and recorded the answers. The
rationale for using this method was that it is always
possible to collect more data, which have in depth
information since it takes advantage of social cues such as
voice, intonation, body language of the interviewee that
can give the researcher a lot of extra information that can
be added to the verbal answer of the interviewee on a
question. Therefore has the capacity to give first class
respondents feelings.
1.8.5.4 ObservationIn this method the researcher made observations where she
collected the relevant data in accordance to the objectives
of the study. Through this method the researcher developed
21
a checklist to observe some phenomenon and to check and
control the appropriateness of information instead of
relying on one kind of self-report, such as asking people
what they would do in a certain situation, the researcher
actually observed and recorded their behavior in that
situation. This, in principle avoided the wide range of
problems associated with self-report. For example, when a
person may not always provide accurate or complete
information or they might answer in ways that corresponds
to what is socially desirable. As a result it will enhance
the quality of information available to the researcher.
1.8.6 Secondary DataIn furthering the study the researcher used written
materials as a source of information about the number of
disabled people in Tanzania mainland, number of unemployed
and the problem of unemployment among disabled people and
why employment is important to disabled people. The
documentary reviews looked into the adequacy of the law
protecting disabled people in accessing employment. The
major source of secondary data was published and
unpublished materials such as books, journals, articles,
pamphlets, various reports and internet. The written
materials were obtained from library research conducted at
Mzumbe University Mbeya Campus College, The library of Open
22
University Mbeya Branch, the regional library of Mbeya, the
University of Dar-es-Salaam library and Tanganyika Library
in Dar-es-Salaam. The researcher also used internet
services like Google search engine for accessing up-to-date
data particularly from ILO perspective.
1.9 Data Analysis and PresentationData was collected by using both primary and secondary
methods of data collection. The data was recorded,
classified and analyzed thematically. Through this the
researcher came up with different issues reflecting key
research questions that guided the study. The data analysis
plan was based into the research questions as hereinabove.
The procedures for findings presentation centers on
specific research thematic areas that reflects the key
research question. The analysis also used some percentage
and citation derived from key respondents statements. The
analysis of the findings also substantiated other similar
studies conducted in Tanzania which played the role of
ensuring that people with disabilities also access
employment opportunity in the formal sectors.
1.10 ConclusionThe study came out with intellectual conclusion that shows
remarkable observation and charts out solid recommendations
23
that helps in making direct intervention in helping people
with disability access employment opportunities at formal
sectors.
CHAPTER TWO
THE CONCEPTUAL FRAMEWORKGOVERNING PERSONS WITH DISABILITYIN EMPLOYMENT
2.1 IntroductionThe concept of disability in Tanzania can be seen on
various situations be it socially, economically,
politically and culturally. This chapter tends to consider
the economic aspect in relation to the effectiveness of the
law protecting persons with disabilities in securing
employment.
2.2 Definition of Key TermsAs far as this study is concerned, it is important to look
on the concept of various key terms regarding people with
disabilities in securing employment in Tanzania.
2.2.1 UnemploymentUnemployment is defined as a situation of total lack of
work of an individual. It can be viewed as an enforced
24
idleness of potential wage earners or self-employed persons
that are able and willing to work, but cannot find work.
Lack of work makes a person feel deprived and rejected by
society. The Unemployment rate is thus the percentage of
the unemployed relative to the total labour force28.
2.2.2 The Concept of DiscriminationDiscrimination means “any distinctions, exclusion or
restriction on the basis of disability which has the
purpose, effect of impairing or nullifying the recognition,
enjoyment or exercise, on an equal basis of human rights
and fundamental freedom in the political, economic, social,
cultural, civil or any other field and includes all forms
of discrimination and denial of reasonable accommodation”.29
2.2.3 DisabilityDisability is the loss or limitation of opportunities to
take part in the normal life of the community on an equal
level with others due to physical, mental or social
factors30.It is an umbrella term, covering impairments,
activity limitations, and participation restrictions.
Impairment is a problem in body function or structure; an
activity limitation is a difficulty encountered by an
28 National Employment Policy of 2008, Pg iv29Section 3 of the Law of Persons With Disabilities Act, 201030 National Disability Policy of 2004
25
individual in executing a task or action; while a
participation restriction is a problem experienced by an
individual in involvement in life situations31.
2.2.4 Person with DisabilityThe UN convention on the Rights of Persons with
Disabilities (UNCRPD) in Article 132 States that ‘PWDs’
include those who have long-term physical, mental,
intellectual or sensory impairments which in interaction
with various barriers may hinder their full and effective
participation in society on an equal basis with others.
Handicap is a function of the relationship between disabled
persons and their environment. It occurs when they
encounter cultural, physical or social barriers which
prevent their access to various systems of society that are
available to other citizens. Thus Handicap is the loss or
limitation of opportunities to take part in the life of the
community on an equal level with others33.
31 World Health Organisation. International Classification of Impairments, Disabilities and Handicaps (ICIDH), Geneva, 198032UN convention on the Rights of Persons with Disabilities, 200633Disability and Development, A contribution to promoting the interests of persons withdisabilities in German Development Cooperation Policy Paper, 2006, pg 3.
26
2.2.5 Types of disabilitiesDisabilities may be categorized into several categories
that include Mobility and Physical Impairments, Spinal Cord
Disability, Vision Disability, Hearing Disability, or
speaking disability.
2.2.6 Disability and employmentIn the area of employment approximately 99 percent of
disabled people are unemployed in the developing countries.
Lack of employment relates to low educational levels, lack
of training and public attitudes that disabled people
should be hidden away and taken care by charities.34
Many persons with disabilities are denied employment or
given only menial and poorly remunerated jobs35. This is
true even though it can be demonstrated that with proper
assessment, training and placement, the great majority of
disabled persons can perform a large range of tasks in
accordance with prevailing work norms. In some
industrialized countries experiencing the effects of
economic recession, the rate of unemployment among disabled
job-seekers is double that of able- bodied applicants for
jobs.
34 UN,(1984), United Nations, World Program of Action Concerning Disabled Persons(New York: United Nations)35 Employment Opportunities for disabled people Training and Assistance for Economic self- reliance in GENIVA SUMMIT- ILO AND UNDP 1989
27
2.3 Rights of Persons with Disabilities on EmploymentPersons with disabilities have a number of rights regarding
to securing employment. Pursuant to the provisions of
labour laws and employment policies at domestic and
international levels. These are the basic rights for
securing employment for PWDs36
The right to work and employment.37 This right guarantees
access to employment for adults with disabilities in
society. Work is a necessity for any human being regardless
of gender, disability or in other kind. Thus, people with
disabilities in Tanzania are fully entitled to access such
right to work.
The right to make own employment arrangements. This means
that people with disabilities should be allowed to utilize
their labour forces by doing jobs according to their own
choices e.g. salaried jobs, undertaking meaningful economic
self-employed activities, etc.38
The right to choose their own field of employment and
profession. This right ensures that people with
36 CCBRT- (2010) Handbook on Employment Rights and Entitlements of People with Disabilities: Comprehensive Community Based Rehabilitation in Tanzania; Dar es Salaam. pg.15-16
37 Article 27 of United Nations (2006), Convention on the Rights ofPersons with Disabilities
38 CCBRT. O p. Cit. 28
disabilities have equal opportunities to gain their living
through work that they freely choose and accept.39
The right to freedom from discrimination in employment.
Equality of opportunity and non-discrimination principles
in employment extends to people with disabilities. The
Government has a role to ensure that all persons with
disabilities are treated equally and are fully entitled
without any discrimination to employment. In this regard,
disability-based discrimination is strictly forbidden as
per provision 6 of the Persons with Disabilities Act.40
2.4 Factors attributing to the Realisation of the Concept of Disability and Employment
2.4.1 Standard RulesIn 1993, the UN General Assembly adopted standard rules41.
These rules established equal opportunities for disabled
people. They were developed along the lines of the World
Programme of Action and provided a universal framework for
activities to integrate the rights of persons with
39 CCBRT- (2010)Handbook on Employment Rights and Entitlements of People with Disabilities: Comprehensive Community Based Rehabilitation in Tanzania; Dar es Salaam. pg.15-16
40 Act No 9 201041 Standard Rules on the Equalization of Opportunities for Persons with Disabilities, http://www.un.org/esa/socdev/enable/dissre00.htm accessedon 7th January 2015 at 1:40 PM
29
disabilities into national legislation. However, they are
not binding beyond their significance as a political
guideline, thus the needs and rights of disabled persons
are still not sufficiently reflected in many national and
international development strategies.
2.4.2 The Millennium Declaration and the Millennium Development GoalsThe UN Millennium Declaration and the Millennium
Development Goals (MDGs)42 forms the framework for
international development, whose fundamental principles are
global sustainable development. Poverty reduction is the
overarching task and central objective thus the interests
of persons with disabilities are implicitly included in the
MDGs. Since it has been realized that the goals cannot be
achieved without considering the needs of disabled people
and promoting their rights.
Developing the productive capacity of disabled persons and
giving them access to work therefore plays a major role.
According to a World Bank study in 2000, the annual loss in
global GNP due to the large number of unemployed disabled
42 http//planipolis.iiep.Unesco.Org accessed on 5th March 2015 at 1:30 PM
30
persons is estimated to be between 1.37 and 1.95 billion
U.S. dollars43.
2.4.3 Important international organizations and bilateral donorsMany bilateral donors and multilateral organizations have
meanwhile added disability-related aspects to their own
strategies.
2.4.3.1 The World Bank The World Bank not only finances disability-related
projects, e.g. in the fields of education, health,
infrastructure and employment, it also supports surveys and
research and provides technical assistance. The World Bank
takes the form of country-specific, comprehensive Poverty
Reduction Strategy Papers/PRSPs, which have been produced by many
developing countries with the inclusion of civil society.
The instrument of PRSP was initiated in 1999 by the World
Bank and the International Monetary Fund to link poverty
reduction in low-income countries more effectively with the
existing instruments of the two institutions, and to
support the debt relief process of the most heavily
indebted poor countries/ HIPCs. It is aligned with the MDGs
43 Robert L. Metts (2000): Disability Issues, Trends and Recommendationsfor the World Bank , WB Washington 2000, quoted in: ILO (2002): Disability and Poverty Reduction Strategies
31
and serves as a joint basis for cooperation between
international donors and partner countries44.
2.4.3.2 The European CommissionThe European commission published a Guidance Note on Disability
and Development45 in 2004, which sets out binding regulations
on how the concerns and rights of people with disabilities
should be included in the European Union’s development
cooperation work. This addresses the exclusion and special
vulnerability of people with disabilities, and puts forward
a list of principles derived from a human rights approach
and based on a set of principles for inclusion.
2.4.3.3 The International Labour Organization (ILO)The ILO promotes meaningful and gainful employment under
conditions of freedom and equality for all men and women
with its decent work concept. In this framework, it is also
committed to the rights and concerns of persons with
disabilities and supporting their socio-economic
integration46.
44 Disability and Development, A contribution to promoting the interestsof persons with disabilities in German Development Cooperation Policy Paper, 2006, Pg 7.45 http://europa.eu.int/comm/development/body/theme/human_social/index_en.htm, Accessed on 13th January 2015 at 04:00 P.M46Convention No. 159 concerning Vocational Rehabilitation of Employment of Disabled Persons, 1983, and the ILO Code of Practice on Managing Disability in the Workplace adopted in 2001
32
2.4.3.4 The African Decade of Disabled PeopleThe African Decade of Disabled People (APPD, 2000-2009) was
an initiative of African disabled people’s
organizations/DPOs in cooperation with the African Union
(AU) and was part of the New Partnership for Development in
Africa (NEPAD). The Organization of African Unity (OAU)
announced the “African Decade of Persons with Disabilities
(hereinafter “the African Decade”)” in 1999. On 31st
October 2008, the African Union (AU) decided to extend the
African Decade up to December 2019.
During the “African Decade of Persons with Disabilities,
East African countries witnessed significant achievements,
especially in the development of law, collection of
statistics and in funding. New disability laws were
established in Kenya (2003), Uganda (2006), Zanzibar
(2006), Rwanda (2007), and the mainland of Tanzania
(2010).The East African Community (EAC) organized its first
international conference on disability in February 2010 in
Kampala. This conference aimed to substantially promote
awareness of and commitment to the participation, equal
opportunities and the empowerment of disabled people47.
However, many persons with disability are still
47 http://www.un.org/esa/socdev/enable/disafricadecade.htm, Accessed on 15th January 2015 at 04:00 PM
33
marginalized from opportunities in education, healthcare
and employment48.
2.5 Responsibilities of stakeholders in employment of people with disabilities This sub section highlights key responsibilities of
different stakeholders in promoting employment and better
working conditions for people with disabilities.
2.5.1 Responsibilities of Trade UnionsTrade unions have responsibilities in relation to promoting
and protecting the employment of people with disabilities
such as identifying employees with disabilities and
encourage them to join trade unions for better protection
of their employment rights and entitlements, educating
employees with disabilities about their employment rights
and workplace obligations and promote employability and
working capacities of people with disabilities in the
labour market. For example a Tanzania Union of Industrial
and commercial worker (TUICO) is a trade union49.
48 Akiko Yokoyama, A Comparative Analysis of Institutional Capacities for Implementing Disability Policies in East African Countries: Functions of National Councils for Disability, pg. 23 49 CCBRT- (2010) Handbook on Employment Rights and Entitlements of People with Disabilities: Comprehensive Community Based Rehabilitation in Tanzania; Dar es Salaam. Pg.19
34
2.5.2 Responsibilities of Employees and Registered Employers’ AssociationsThe responsibilities fulfilled by employees and registered
employers’ associations are giving employment for people
with disabilities based on a quota system and to ensure
that three percent of the workforce of twenty and above
employees constitutes of employees with disabilities,
Furthermore to prohibit the denial of employment to adults
with disabilities and to abolish disability-based
discrimination in employment50.
2.5.3 Responsibilities of Civil Society OrganizationsCivil society Organization play roles such as raising
public awareness about the right to work and employment for
people with disabilities in Tanzania, informing people with
disabilities about their employment rights and how best to
access them, facilitating the provision of employment
opportunities and vocational training to people with
disabilities in society and effectively participating in
ending discrimination against people with disabilities in
the employment sector. For example Shirikisho la Vyama
wenye Watu wenye Ulemavu Tanzania51.
50 CCBRT op cit,pg.2051 ibid, pg.21
35
2.6 ConclusionPWDs form an integral part of the working class in the
society. They have same rights as any other individual
without disability. Therefore it may be deduced that the
rights of PWDs are to be considered positively by adhering
to the principles and fulfillment of the obligations given
by the PWDs Act so as to do away with the discrimination
against persons with disabilities in respect to the
employment.
CHAPTER THREE
THE LEGAL FRAMEWORK GOVERNING PERSONS WITH DISABILITIES INEMPLOYMENT
3.1 Introduction.Tanzania has adopted and implemented a number of laws,
policies and standards pertaining to people with
disabilities including their right to productive and decent
work, vocational training and basic services.
3.2 International Human Rights Instruments.Tanzania is legally bound to respect, promote, protect and
fulfill the fundamental employment and labour rights and
freedoms as set forth under the provisions of relevant
36
international treaties, which have been signed and ratified
by the government of Tanzania. International treaties that
are applicable in Tanzania include:
3.2.1 International Covenant on Economic, Social and Cultural Rights, 1966It was ratified and accessed by the government of United
Republic of Tanzania on 11th June 1976.This international
law creates the legal basis concerning the right to work
for every person without any form of discrimination.
Article 6 guarantees the right of work, which includes the
right of all with or without a disability the opportunity
to gain a living by work, which he or she freely chooses
and accents. It establishes two basic principles of
equality and non-discrimination in the field of employment
to all people. In this regard, any adult with a disability
who is able to earn a living by work should be allowed to
work.
3.2.2 The Convention concerning the Organization of the Employment Service, 1948This convention was also ratified by Tanzania on 30th
January 1962.52The right to work and its related rights have
been reflected in the Employment and Labour Relations Act
52 The Convention concerning the Organisation of the Employment Service No. 88 of 1948
37
which recognizes the core labour rights in the ILO
conventions. This convention underlines that a free public
employment service shall take measures to meet adequately
the needs of particular categories of applicants for
employment, such as disabled persons.
3.2.3 Convention Concerning Discrimination in Respect of Employment and Occupation, 1958This convention53 was ratified by the United Republic of
Tanzania in 26th February 2002. The right to work and its
related legislation has been reflected in the Employment
and Labour Relations Act. Article 1(1) (a) of this
Convention requires employers to promote equal employment
opportunities. The aforementioned puts emphasis on equality
in terms of employment for all people regardless of any
distinction, such as disability. Although the Convention
implicitly acknowledges that particular disabilities may
make people unqualified for particular jobs, it affirms
that many disabled workers are just as productive as non-
disabled workers if reasonable accommodation is made.
53 ILO Convention No 111 of 195838
3.2.4 Convention on Vocational Rehabilitation and Employment (Disabled Persons), 1983This Convention was ratified by Tanzania on June 200854. It
urges the formulation of national vocational rehabilitation
and employment policies for people with disabilities at the
domestic level. It emphasizes that the policy should be
extended to all categories of people with disabilities in
the open labour market and should be consistent with the
principle of equality.
3.2.5 United Nations Convention on the Rights of Persons with Disabilities, 2006The Convention came into force in 2008. Tanzania ratified
this convention in 10th November 2009. Tanzania managed to
domesticate the convention through the enactment of the
Persons with Disabilities Act in 2010. The UNCRPD
represents an important legal document to stop
discrimination against people with disabilities in all
areas of life. It explains the right to work and employment
for people with disabilities. It also encourages the use of
affirmative action by employers for the equalization of
employment opportunities for men and women with
disabilities in labour markets.
54 ILO Convention No 159 of 198339
Despite ratification of the Convention and non-
discrimination laws in many countries for example Tanzania,
unemployment rates remain significantly higher and
employment rates substantially lower for persons with
disabilities.
3.3 Domestic Legislations and PoliciesVarious policies were enacted by United Republic of
Tanzania to cater for people with disabilities in the
employment sector and these included the following;
3.3.1 The National Disability Policy of 2004The national disability policy55 provides in paragraph
1.2.7 that an individual’s capacity to work and lead an
independent life is an expression of one’s dignity. In our
society the capacity to work has been associated with
complete functional ability of the body. Disability is
associated with lack of ability and most people with
disabilities see themselves in the same light. The
legislation aimed at creating awareness and information
sharing and its policy statements in regard to employment
were the government in collaboration with stakeholders
should take measures to ensure people with disabilities are
availed with work tools and seed money to enable them
55 National Disability Policy of 200440
establish/improve their income generation projects. It
also recommended that the government in collaboration with
stakeholders review the Disabled Persons (Employment) Act56.
3.3.2 The National Employment Policy of 2008Tanzania developed a National Employment Policy which is of
high international standards. This policy57 in paragraph
3.15 aims at improving access to employment opportunities
and productive resources for People with Disabilities
(PWDs). It has provided that provided that PWDs have
special needs in terms of education, training and the jobs
they are able to take. The introduction of free market
economy and stiff competition in the labour market makes it
difficult for PWDs to access employment opportunities.
One of its other main objectives is ensuring that PWDs
access equally both paid and self-employment opportunities,
its policy statements involves the Government, Associations
of people with disabilities in collaboration with other
stakeholders undertaking affirmative action’s to enhance
employability of PWDs. Also the government, Civil Societies
and Employers be responsible for providing special
facilities and equipment to enhance the capacity of PWDs to
enter the world of work as employees, or self-employed.
56 Act No. 2 of 1982 57 National Employment Policy of 2008
41
Likewise for the government in collaboration with private
sector to continue to sensitize employers on their
compliance of employing a minimum set number of PWDs as set
out in the law regarding PWDs. The policy however should
provide the necessary guidelines in its efforts to tackle
unemployment facing people with disabilities.
3.3.3 The Disabled Persons (Employment) Act of 1982.Tanzania enacted the Disabled Persons (Employment) Act58.
This act established a quota system requiring that two
percent of the workforce in companies with more than 50
employees must be persons with disabilities. Although
covered employers were required to hire based upon the
quota system, this law was neither effectively publicized
nor enforced by the Tanzanian government. Indeed, in 2010
only one-third of employers that participated in a survey
on disability were aware of the Disabled Persons Employment
Act of 198259. Political and Social economic changes have
made these legal provisions difficult to enforce.
3.3.4 The Persons with Disabilities Act, 2010This is specific legislation, which guarantees the rights
of people with disabilities in Tanzania. It further stops
58 Act No. 2 of 198259 Jacqueline kweka (2010) A report on employment of person with disabilities in Dar es Salaam Tanzania, Pg. 9.
42
discrimination against people with disabilities in all
aspects of society. Sections 30 to 34 of the Act60 cover
employment issues for people with disabilities. They create
a legal basis for the right to work and employment for
people with disabilities.
Section 31 of the Act obliges all employers to give
employment to people with disabilities. It further
encourages people with disabilities to apply for vacant
posts fit for them. Upon their applications, the employers
shall give employment for those who meet the minimum
qualifications. The law also mandates every employer with a
workforce of twenty and above to employ people with
disabilities based on a quota system and to ensure that
three percent of it constitutes people with disabilities61.
Further, Section 33 of same Act prohibits discrimination in
employment. Subsection (3) of Section 33 provides that it
is an offence to discriminate against people with
disabilities in employment matters. It asserts that any
employer who discriminates against any person with a
disability in relation to employment in Tanzania commits an
offence and shall, on conviction, be liable to a fine of
60 Act No. 9 of 201061 Section 31(2), Act no. 9 of 2010
43
two million shillings or imprisonment for term a of two
years, or both.
In the absence of incentives, positive models, and
enforcement mechanisms, it seems unlikely that the goals of
the legislation or the aspirations of persons with
disabilities will be realized. One problem with the quota
system is that it assumes that, unless they are required to
do so, employers will not hire people with disabilities and
that people with disabilities are not able to compete for
jobs and win them on their own merits. These assumptions
can be disabling and patronizing for people with
disabilities.
Also Tanzania has affected different labour laws and
disability legislation to promote and protect the right to
employment for people with disabilities. These include:
3.3.5 The Labour Institutions Act, 2004The Labour Institutions Act62 creates labour institutions to
receive any dispute or complaint concerning employment and
labour matters in Tanzania. Thus, people with disabilities
need to know such institutions and use them for determining
their labour cases. The Labour, Economic and Social Council
(LESCO), Established under Section 4 of the Act performs
62 Act No. 7 of 200444
functions such as, advising on national labour markets any
proposed labour law and to evaluate the effectiveness of
legislation and policy.
3.3.6 The Employment and Labour Relations Act, 2004Among the many objectives of this Act63 includes Promoting
economic development, and the law further addresses basic
rights. These basic rights include: Promotion of equal
opportunity in employment and prohibition of all forms of
discrimination as Section 7 indicates. It should be noted
here that discrimination based on disability occurs when
some employees, especially those with disabilities, are
treated less favorably by their employers than others. It
involves things such as arbitrary denial of employment for
people with disabilities or restriction of reasonable job
accommodation, basic needs and facilities as well as their
fundamental labour rights. Hence, denying adults with
disabilities the right to work and is strictly forbidden
under the provisions of applicable laws governing
employment matters and the rights of people with
disabilities in Tanzania
3.3.7 The Constitution of United Republic of Tanzania, 1977
63 Act No. 6 of 200445
Also the Constitution of United Republic of Tanzania of
1977 as amended from time to time in Article 11(1)64
stipulates that the state authority shall make appropriate
provisions for the realization of a person’s right to work,
to self-education and social welfare at times of old age,
sickness or disability and in other cases of incapacity.
Without prejudice to those rights, the state authority
shall make provisions to ensure that every person earns his
livelihood. This provision guarantees some of the important
labour rights to people with disabilities earning
employment as enshrined in various international human
rights instruments.
3.4 ConclusionPersons with disabilities in Tanzania in the aspect of
access of employment still experience hindrances from the
society despite the laws and policies that govern them in
relation to securing and this will be revealed in the next
chapter.
64 CAP 2 ( R.E 2010)46
CHAPTER FOUR
RESEARCH FINDINGS, PRESENTATION AND ANALYSIS
4.1 IntroductionThis chapter presents critical analysis of findings of the
research regarding legal and practical aspects of the law
relating to persons with disability accessibility to the
employment sector. It is in this part of the work where
data and information gathered and collected at the field
are analyzed. The sample used by the researcher included
sixty respondents derived from different categories of
personalities such as from the academic circle, employers,
researchers, legal practitioners and people with
disabilities. It is thus hoped that the findings of this
research will attempt to show the real picture of what
befall persons with disabilities in securing employment.
The Presentation and analysis of this chapter is divided in
four sections organized in line with the key research
questions namely
47
What is the assessment on the practicability of the legal
framework governing disabled persons in regards to securing
employment?
Is the legal framework for disabled people in accessing
employment adequate, if not is there a need to revisit the
law in ensuring that disabled people are adequately
protected by the law in securing employment?
What are the main reasons which make employers fail to
comply with the law that provides the right of people with
disability to secure employment?
4.2 Practicability of the law governing persons with disabilities in employmentAs mentioned earlier in chapter two of this research, there
are various laws that cater for persons with disabilities
in securing employment. As noted, the Person with
disabilities Act was specifically enacted by the Tanzania
Parliament for the purpose of protecting rights of persons
with disabilities. While Labour Institutions Act,
Employment and Labour Relations Act and the parent law that
is The Constitution of United Republic of Tanzania of 1977
as amended from time to time contain provisions that govern
rights of persons with disabilities in accessing
employment. In this part the research makes an assessment
48
of applicability and the implementation of the laws in
protecting persons with disabilities in accessing
employment.
The law provides under section 4 and 6 of Persons with
Disabilities Act rights of persons with disabilities which
include equal opportunity in all aspects of life including
accessing employment in formal sectors. Section 31 of the
Act provides that every employer with a workforce of twenty
and above must employ people with disabilities based on a
quota system and ensure that three percent of it
constitutes of people with disabilities. Further section 7
of the Employment and Labour Relations Act prohibits all
forms of discrimination and promotes equal opportunity in
employment.
The study revealed that in the 10 organizations covered by
the researcher there is a high level of non-compliance of
the provisions of the law. This was clearly seen in a
comparison data of total employees working in the companies
covered by the study. Evidently out of the 10 organization
visited by the researcher only 3 employed people with
disabilities and in those organization the first which had
a total of 500 employees had only 2 disabled people while
the second with a total workforce of 135 employees had only
1 people with disabilities and the last with 45 employees
49
and had only one person with disability. Basing on these
findings it can be seen that even those companies that have
employed persons with disabilities still have failed to
comply with the 3% quota system. Indeed most companies
confirmed that they do not employ people with disability
especially the hotel industries. The findings further
revealed that although the law in section 31 of Persons
with Disabilities Act ensures that every employer, public
or private where there is a vacant post fit for a person
with disability and the person applies for the vacancy,
the employment be given to persons with disabilities who
meet the minimum qualification for such an employment.
Practically this has not yet been implemented by any
employers with the capacity of employing persons with
disabilities.
The current findings corresponds with the workplace
disability survey conducted by CCBRT, Radar Development and
Disability Aid Abroad in 201165, which involved 126
companies in Dar es Salaam with a total number of 25,446
employees. Evidently out of these 25,446 employees only 186
were persons with disabilities which is equivalent to 1%.
Explicitly many employers interviewed during that survey
reported not having anyone with disability employed; Only 7
65 Survey on (UN) Employment of people with disabilities conducted by CCBRT Radar and Disability Aid Abroad,2011
50
companies visited had more than 3% of their workforce
comprised of persons with disabilities, which is the
requirement of the 2010 persons with Disability Act66.
In another research conducted by Mchomvu67 in 2010
demonstrated that in the enterprises visited with 12571
employees among these disabled were only 30 which was
equivalent to 0.2%. Thus falling short to quota system
provided by the law, and there was no measure taken against
those organizations defaulted.
Arguably, despite the existence of some laws that provides
for right of people with disabilities to be employed, its
practicability is still an issue compelling persons with
disabilities to be unemployed. As revealed most of the
companies visited confirmed that they don’t employ people
with disability. This state of art is against the provided
global conventions, national laws and policies and it is
something that viciously demands intervention to support
people with disability in accessing formal employment.
66 Act No.9 of 201067 Mchomvu A.S.T, “Enterprise experience on work” Report of 2010 submitted to association of Tanzania Employers.
51
The above data is supported by the following table;
Table 2: The List of the organization the researcher
visited.
Organization Number of
employees
Number of disabled
NODA 45 1NSSF HQ 500 2ORICA TZ Limited 135 1LAPF 196 NoneAfrican Village
Real Estate
20 None
Muharam Real
Estate
21 None
ALEA industries 25 NoneBahari orthopedic
Co. ltd
30 None
TPA 100 None
4.3 Reluctance of the Employers to employ disabled persons.Under section 7 of the Persons with Disabilities Act the
minister for labour in collaboration with other civil
society and actors are required to raise public awareness
regarding rights of people with disabilities. The findings
52
of the research demonstrated that despite existence of such
provisions employers are not aware of the law governing
disabilities and rights of the people with disabilities in
securing employment which is the People with Disabilities
Act. Evidently out of 10 employers that were visited by the
researcher 7 expressed lack of awareness on the Persons
with Disabilities Act. Thus they are not aware of the
mandatory requirement provided in Section 31 of this Act.
In contrast although 10 employers visited seem to be aware
of the Employment and Labour Relations Act only 5 of them
are conversant with Section 7(4) (l) of this Act which
prohibits discrimination in employing on the basis of
disability. Thus they cannot consciously enforce the law
as their ignorant of other provisions which compel them to
employ people with disability. Further under section7(1)(2)
the law requires employers to develop and register policy
with the labour commissioner that promotes equal
opportunity in employment, The research found out in all
the organizations visited a nonexistence of the said
policy. Thus all of them are silent about the policy
requirements. The study further confirmed that even those
with this knowledge have not yet formulated policies or
registered them to the labour commissioner as required by
law. Thus creates a gap that does not enable people with
disabilities to secure employment.53
More importantly, the ministry for labour despite being
confronted aggressively by people with disability has not
used its political position to influence employers in
creating employment opportunities for disabled people. Thus
from political point of view it seems there is more talk
than practical compliance to the requirements.
The research findings revealed that some of the employers
especially hotels owners such as the owner of seduta hotel and
kunduchi beach resort confirmed that they do not employ
people with disabilities due to the nature of the duties
performed in hotels. They further asserted that when it
comes to hiring persons with disabilities there may be some
additional costs. For example it may compel them to make
physical adjustments to office buildings and equipment
which calls for more capital investments. Additionally,
they also voiced the concern that some persons with
disabilities may be less productive in the workplace or may
require additional support that will cost owners.
Furthermore the findings demonstrated that employers
perceived disability as a medical condition that engages
them in additional cost and they do not consider it as an
54
activity limitations resulting from barriers imposed by
communities or environments.
The current study was also interested in examining the
level of education and skills which people with disability
possess versus employability potential. The findings from
30 respondents covered revealed that majority of people
with disability have low level of education68 while
employment opportunities are available for skilled and
trained persons. The general picture from 30 respondents
interviewed is shown by the following table.
Table 2: Level of education for people with disability
among 30 respondents
Level of Education Number of people
with Disability
Percentage
Primary Education 13 43.3
Ordinary Level 10 33.3
Advanced Level 4 13
Certificate 1 3.3
Diploma 2 7
Total 30 99.968 Mchomvu A.S.T, “Enterprise experience on work” Report of 2010 submitted to association of Tanzania Employers.
55
Source: Research Findings (2015)
Looking at table 1 majority of people with disability have
low level of education out of 30,(13) are primary school
leavers, diploma are only(2)and advanced level training
(4). Thus the level of education is low and threats the
potential for qualifying to secure employment.
4.4 Employers Perception on Person with DisabilityIn assessing the employers’ knowledge on people with
disability potentiality for employment, the study sought it
pertinent to investigate about employers’ perception and
attitude towards employing people with disability.
The findings demonstrated that many employers have negative
attitude towards people with disability due to their
abnormality. In some of the organization visited most
employers shy away from employing people with disability
due to their disability, they believe that disability
creates bad image to the company. The findings further
revealed that persons with disabilities have developed
personal rejection and negative attitude about their real
self. Hence they don’t make any effort to secure
employment. One disabled respondent who had necessary
56
qualifications to secure employment but yet unemployed
responded as follows:
“My dear do you think with my condition I can be hired and get the position? I
can’t compete with able bodied people. They are better than us”
The research also was interested to make an assessment of
physical facilities which existed in the organization to
enable employability of PWD’S. Impliedly most of the
organizations visited lacked facilities to create an
enabling environment to employ people with disability.
Impliedly lack of facilities constrains employment of
persons with disabilities and seemingly there is a link
between capital availability and facilities procurement for
disabled people in many companies and enterprises. Almost
all the respondents interviewed revealed that their
enterprises are not capable of providing adequate
facilities to enable disabled people perform their duties
easily. The findings revealed that all the organizations
visited did not have supportive facilities to enable
employability of people with disabilities. Lack of facility
is a reflection of weak capital base and lack of compliance
to the law cum policy.
Economic paucity of resources is a hindrance towards
establishment of more industries, factories and employing
57
enterprises, with this lacunae employment opportunity is
not created. Explicitly people with disabilities are facing
more difficulties than others in accessing job
opportunities. Empirically job opportunities for PWD’S are
very few which make them face stigmatization, because
normal people perceive that disabled person cannot perform
well as normal people.
The findings further revealed that advertisement of job
openings and entry points is an obstacle towards persons
with disabilities. Job opportunities advertisements do not
specify whether persons with disabilities are also
encouraged to apply. Hence the decrease in the number of
disabled persons attempting to apply for employment in job
vacancies advertised. Impliedly advertisements exclude
persons with disabilities because they do not specify if
persons with disabilities can be considered to apply.
Besides there is no compliance of section 31 of the Persons
with Disabilities Act which requires every employer,
public or private to give employment to a person with
disability where there is a vacant post fit for a person
with disabilities where such person meets the minimum
qualification for such employment post.
During an interview session, a substantial number of
respondents interviewed when asked about the reasons that
58
make employers fail to comply with the laws made some
striking assertions such as lack of articulate and precise
policy to help persons with disabilities, lack of reliable
enforcement mechanisms including provisions of incentives
or compliance and penalties for non compliance to ensure
that persons with disabilities get access to gainful
employment. Even though under section 5(1) and 9 the
minister for labour has been empowered to take appropriate
steps in ensuring promotion and realization of people with
disabilities rights including entering into any premises
for the purpose of inspecting compliance to the Act. This
study has revealed that there is no follow up which is
being made by the minister for labour to ensure compliance
of the law. All the respondents interviewed confirmed that
they have never been inspected regarding the issue of
employing persons with disabilities.
4.5 Adequacy of the laws covering persons with disability. Despite of the existence of the laws that govern people
with disabilities to access employment, research has
revealed that there is a high level of violation of rights
of people with disabilities towards accessing employment.
An examination of the law reveals that the law is not
adequately protecting rights of persons with disabilities
59
in all scenarios from advertisements, recruitment and
retention to employment.
In examining the law, there is no precise provision to
create enforcement mechanisms that can ensure that persons
with disabilities get access to gainful employment through
follow ups. Critical assessment on roles, responsibilities
and obligations indicates that the minister empowered in
ensuring compliance of the disability laws as per section 5
of the Persons with Disabilities Act has been placed with a
lot of other obligations. Thus failure to perform other
obligations including enforcing employment of people with
disability. The study noted that there is no specific organ
tasked with the purpose of ensuring compliance of the
requirements of the rights of persons with disabilities. As
a result continues to oblige people with disabilities to
lack formal employment.
The research findings further noted that the legislations
do not show incase employers fail to comply with their
requirements what measures should be instituted against
defaulters. The findings from all organizations visited
revealed that there is no evidence of any action taken by
the law enforcers against employers. As a result this
situation continues to confine people with disability to
the yoke of poverty and unemployment. Thus creates a need
60
to break the vicious circle of unemployment of persons with
disabilities in different organizations.
Although the law in section 7 of the Employment and Labour
Relations Act provides for promotion of equal opportunity
in employment and prohibit all forms of discrimination,
section 30 of the Persons with Disabilities Act covers for
industrial rehabilitation courses for people with
disabilities at, or above, the age of sixteen years in
order to render them fit for employment or for making use
of vocational training courses, section 31of the Act
obliges all employers to give employment to people with
disabilities and Section 33 of same Act prohibits
discrimination in employment. Despite that they all
guarantee the right of persons with disabilities in
securing employment without discrimination it has not
provided a mandatory requirement for employers to encourage
persons with disabilities to apply in their job
advertisements.
Additionally, Employment and Labour Relations Act which
governs matters of employment in Tanzania has not provided
a mandatory requirement for employers with a workforce of
above 20 to employ 3% of persons with disabilities. As a
result intermittently there is no compliance. Although the
Persons with Disabilities Act has provided for this, It is
61
important for the Law governing labour matters to provide
for the same so as to avoid failure of compliance with the
provisions.
There is no provision in law that obliges employers to
create policies of disability as an issue of necessity for
marginalized group who are excluded in the formal
mainstream of employment. Thus it is evident that the law
protecting persons with disabilities in securing employment
is inadequate and intervention is needed.
4.6 ConclusionCritical analysis of the findings revealed that although
there are laws and policies enacted in a bid to guarantee
rights of people with disabilities in securing employment,
yet employers have not complied with those requirements.
62
CHAPTER FIVE
SUMMARY, CONCLUSION AND RECOMMENDATION
5.1 IntroductionThe study area was Dar es Salaam, it was qualitative in
nature and the main study instruments were in depth
interviews, structural questionnaires and documentary review
to solicit information that helped to accomplish the
research goal. The purpose of the research was to examine
the adequacy of the law in protecting people with
disabilities in securing employment. In accomplishing this,
the researcher was guided by three research questions as
shown in chapter 1. The key study respondents were drawn
from 10 organizations randomly picked. The total number of
respondents was 60 chosen through purposive sampling
5.2 Summary of FindingsThe key research findings identified various laws that cater
for persons with disabilities in securing employment; these
were Person with disabilities Act, Labour Institutions Act,
Employment and Labour Relations Act and the Constitution of
United Republic of Tanzania of 1977. All the identified laws
contain provisions that cater for the rights of persons with
disabilities in accessing employment. Besides, the study
also identified some major policies enacted for the purpose63
of protecting persons with disabilities in securing
employment. The policies identified and examined included
National Employment Policy of 2008 and the National
Disability policy of 2004.
Critical analysis of the findings revealed that although
there are laws and policies enacted in a bid to guarantee
rights of people with disabilities in securing employment,
yet employers have not complied with those requirements.
Evidently out of 10 organizations visited by the researcher
only 3 organizations have employed people with disabilities.
Impliedly having laws and policies in place is not a
guarantee to employ disabled people.
The study underscored that the failure to complying with the
laws has been greatly attributed by a number of factors.
Firstly employers are not conversant with the laws governing
disabilities and rights of the people with disabilities in
securing employment. Evidently out of 10 organizations
visited 7 of them lacked knowledge and awareness of policies
and laws regarding the employment of persons with
disabilities.
Further the findings also demonstrated that many employers
have negative attitude towards people with disability due to
64
their abnormality, they believe that disability creates bad
image to the company.
Empirically the study also noted that the laws governing
persons with disabilities have gaps that are yet bridged in
creating enabling environment to employ disabled people.
Tangentially there is no precise provision provided to
create enforcement mechanisms that can ensure that persons
with disabilities get access to gainful employment.
Likewise the study noted that there is no specific organ
entrusted with the purpose of ensuring compliance of the
requirements of the rights of persons with disabilities in
securing employment.
More specifically the findings provided that the
legislations do not show incase employers default in
complying with the requirements of the law what measures
should be instituted against defaulters. The findings from
all organizations visited confirmed that there is no
evidence regarding action taken by the law enforcers against
employers.
Finally the study has established that the law is inadequate
in protecting the rights of persons with disabilities to
secure employment. For example the Employment and Labour
Relations Act which is the major law pressured to govern
65
employment issues does not address properly the rights of
person with disabilities in securing employment. Arguably
there is no mandatory provision that binds the employers to
employ persons with disabilities which will in the final
analysis guarantee the rights of persons with disabilities
in securing employment.
5.3 ConclusionUnemployment of people with disability in Tanzania society
is still a threatening issue due to employers’ lack of
compliance to the law governing employment of people with
disability. Also the law is inadequate in terms of lack of
organ in place to oversee the implementation of the laws,
Employment and Labour Relations Act (ELRA) which is the law
governing labour matters in Tanzania does not provide any
provision which make it mandatory for employers with
workforce of 20 to employ 3% of person with disabilities,
right of people with disabilities is not indicated
specifically in the constitution, there is no specific organ
entrusted with the purpose of ensuring compliance of the
requirements of the rights of persons with disabilities in
securing employment and there is lack of provisions which
impose penalties to defaulters. Therefore affirmative
efforts need to be taken in order to improve the situation.
66
The efforts should involve all stake holders from the
community, government and NGOs.
The right to employment for people with disabilities is
vital. It is an enforceable right extending equally to all
people. All employers need to be conscientized on the laws
and policies of the country that guarantees employment of
people with disability. The training institutions need to be
educated about the skills, merits, working capabilities,
contributions and rights of people with disabilities.
Employers must be educated and informed that employees with
disabilities are performing well at work like all other
employees. Conclusively in the workplace emphasis should be
placed on promoting PWDs capabilities in the workplace.
Critical issues that disabled people are succumbed to when
seeking for employment include biased job advertisement,
inaccessibility to other services, Lack of skills,
Technological gap, unfavorable working environment,
attitudinal barrier, lack of articulate policy, limited
employment opportunities.
In the light of the above, affirmative efforts need to be
taken in order to improve the situation. These efforts
should involve all stake holders from the community,
government and NGOs.
67
5.4 RecommendationsThe law that governs employment is not adequate in
protecting persons with disabilities right in securing
employment.
5.4.1 Proper implementation of the existing national
disability and legislation.
The study further recommends that the government should
ensure proper implementation of the existing national
disability policy and legislation. In accomplishing that the
government and civil society must be charged with the
responsibility to participate in the implementation and
monitoring process of such policies and legislation to
support people with disabilities in securing employment.
5.4.2 Strategic review of the laws governing persons with
disabilities.
It is evident that the law protecting persons with
disabilities in securing employment is inadequate. The
government should make strategic review of the laws
governing persons with disabilities to secure employment.
The review should focus specifically on improving the
provisions embedded in the law and making them more
entrenched in protecting the rights of persons with
disabilities to attain employment through enacting a
68
specific organ that will be empowered with the capacity of
taking action against employers.
5.4.3 Enhancement of education to employers on the rights of
persons with disabilities.
It is also recommended that the employers be educated on the
rights of people with disabilities as set forth under the
provisions of UNCRPD, 2006 and the Persons with Disabilities
Act, 2010. This will greatly help them to properly enforce
the right to work and employment for people with
disabilities in Tanzania. Thus encourage all employers to
give employment to people with disabilities in accordance
with the Persons with Disabilities Act, 2010. Employment
agencies should ensure that people with disabilities who are
job seekers are given priorities to access employment
without discrimination.
Further recommended that the government should conduct
nationally based sensitization on improving the status of
disabled person and granting their due rights. The campaign
should be accompanied by a matrix enumerating tasks and
activities which people with disability can do and deliver
in the labour market.
69
BIBLIOGRAPHYTEXT BOOKS
Alders, H.M & Turnbull, H.R (2011) The United Republic of
Tanzania’s National policy on Disability: A Policy
Analysis Journal of Disability Policy Studies.
University of Kansas. Beach Center on Disability.
Barnard, C. (2012) EU Employment Law 4th Ed. Oxford
university press, United Kingdom.
Blanck, P.D (2000). Employment Disability and the Americans
with Disabilities Act. New York, USA.
Brownlie, I & Goodwin-Gill, G (2006). Basic Document on
Human Rights. 5thEd. Oxford Press. New York
ELECTRONIC SOURCES
Guidance Note on Disability and Development. Retrieved on
January 13, 2015 from the World Wide Web:
http://europa.eu.int/comm/development/body/theme/human_soci
al/index_en.htm.
Parckar, G. (2008). Disability Poverty in the UK, Leonard
Cheshire Disability. Retrieved on January 4, 2015 from the
World Wide Web: http://www.lcdisability.org/?lid=6367.
72
Standard Rules on the Equalization of Opportunities for
Persons with Disabilities. Retrieved on January 7, 2015
from the World Wide Web:
http://www.un.org/esa/socdev/enable/dissre00.htm
The UN Millennium Declaration and the Millennium
Development Goals. Retrieve d on March 5, 2015 from the
World Wide Web: http//planipolis.iiep.Unesco.Org
The African Decade of Disabled People. Retrieved on January15, 2015 From the World Wide Web: http://www.un.org/esa/socdev/enable/disafricadecade.htm.ARTICLES
Akiko, Y.A Comparative Analysis of Institutional Capacities
for Implementing Disability Policies in East African
Countries: Functions of National Councils for Disability
CBRT. (2010). An Assessment of Proportion of Person with
Disability in the Work Places Report.
Dame, J. Equality commission Canada(Disability Code of
practice employment and occupation)
Disabilities and International Cooperation and Development.
(2010). A review of policies and Practices, SP Discussion
Paper.
Disability and Development. (2006).A contribution to
promoting the interests of persons with disabilities in
German Development Cooperation Policy Paper.
73
Employment Opportunities for disabled people. (1989).
Training and Assistance for Economic self- reliance in
GENIVA SUMMIT- ILO AND UNDP
James D.W. Washington Post, December 3, 2002.
Kipobota C. (2011),International day of PWDs 2011:Call for
inclusion of persons with disabilities in development.
REPORTS
CCBRT & RADAR (2011). Survey on (UN) Employment of people
with disabilities.
Kweka, J (2010), CCBRT Employment of Persons with
Disabilities in Dar es Salaam Tanzania. An assessment of
the Proportion of Persons with Disabilities in the
Workplace.
Legal and Human Rights Centre(2008). Tanzania Human Rights
Report.
Legal and Human Rights Centre (2013). Tanzania Human Rights
Report.
Mchomvu A.S.T. (2010). Enterprise experience on work Report
submitted to association of Tanzania Employers.
PAPER PRESENTATION
74
Robert, L.M. (2000): Disability Issues, Trends and
Recommendations for the World Bank , WB Washington 2000,
quoted in: ILO (2002): Disability and Poverty Reduction
Strategies
World Health Organisation. International Classification of
Impairments, Disabilities and Handicaps (ICIDH), Geneva,
1980
75
Appendix I: QUESTIONNAIRE TO PEOPLE WITH DISABILITIESI am a student at Mzumbe University Mbeya Campus College
pursuing a Bachelor degree in Law. I am conducting a
research as a partial fulfillment of my First Degree
programme. The intention of this questionnaire is to
collect data or information concerning the Adequacy of
Tanzanian laws in protecting Disabled people to secure
Employment. This information will be used for academic
purposes and not otherwise. I kindly ask for your
cooperation to make this study Successful. I assure you
that the information you provide will be treated with
strict confidentiality. Thank you in advance.
1. Personal Information
76
i. Name ………………………………………………..
ii. Age ………………………………………………..
iii. Sex ………………………………………………..
iv. District ………………………………………………
2. Marital Status
i. Married
ii. Single ( )
iii. Divorced
iv. Widowed
3. Employment ……………………………………………….
4. Type of Employment
i. Permanent …………………………………………
ii. Temporary …………………………………………
5. Educational Status
i Primary School
ii. Secondary School ( )
iii. Certificate
iv. Diploma - Above
6. What type of disability do you have ……………………
7. What caused the disability…………………………………………………
8. Are you aware of the Tanzania legislation regarding
employment of persons with disabilities? YES/NO
……………………….
9. If yes, what does it entail?
77
………………………………………………………………………………………………………………………………………………
…………………………
10. Is the legal framework for disabled people in
regard to accessing employment adequate?
………………………………………………………………………………………………………………………………………………
…………………………
11. Why is there a high rate of unemployed people
with disabilities despite the existence of laws and
policies?
………………………………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………
12. Why most of the employers fail to comply with the
law which provides the right of people with disability
to secure employment?
………………………………………………………………………………………………………………………………………………
…………………………
13. In your opinion what do you believe should be
done to increase employment opportunities for people
with disabilities?
………………………………………………………………………………………………………………………………………………
…………………………
14. What steps should the government and non-
governmentalorganizations take to promote employment
78
opportunities for people with disabilities in
Tanzania?
………………………………………………………………………………………………………………………………………………
…………………………
15. Have you ever tried to seek employment? (Yes /
No) ……………………………
a) Did you manage to secure the job? (Yes / No)
……………………………
b) If No, what do you believe is the reason of the
refusal to secure employment?
…………………………………………………………………………………………………………………………………
………………………
16. Are you of the opinion that the society you
reside in infringes you fundamental rights? Briefly
provide reasons for your opinion
………………………………………………………………………………………………………………………………………………
…………………………
17. If it happens that you have failed to secure
employment, what are your means for Gaining Income?
a) Family
b) Friends ( )
c) Begging Activities
18. What is the outcome of failure to secure
employment? 79
……………………………………………………………………………
19. Do you think if people with disabilities are
given opportunities to secure employment, will it act
as a solution to reduce poverty and dependency rate in
the country? (Yes/ no) …………………………………………………………
20. If yes, what kind of help should be provided to
people with disabilities to manage to secure
employment?
………………………………………………………………………………………………………………………………………………
…………………………
21. Is there a need to revisit the law in ensuring
that disabled people are adequately protected in
securing employment? If yes, why is it?
………………………………………………………………………………………………………………………………………………
…………………………
Appendix II: QUESTIONNAIRE TO ORGANISATIONSI am a student at Mzumbe University Mbeya Campus College
pursuing a Bachelor degree in Law. I am conducting a
research as a partial fulfillment of my First Degree
programme. The intention of this questionnaire is to
collect data or information concerning the Adequacy of
Tanzanian laws in protecting Disabled people to secure
Employment. This information will be used for academic
80
purposes and not otherwise. I kindly ask for your
cooperation to make this study Successful. I assure you
that the information you provide will be treated with
strict confidentiality. Thank you in advance.
1. Personal Information
I Name ………………………………………………..
ii Age ………………………………………………..
iii Sex ………………………………………………..
v. District ………………………………………………
2. Marital Status
I Married
ii. Single ( )
iii. Divorced
iv. Widowed
3. Employment ……………………………………………….
4. Type of Employment
i. Permanent …………………………………………
ii. Temporary …………………………………………
5. Educational Status
i Primary School
ii. Secondary School ( )
iii. Certificate
81
iv. Diploma – Above
6. How many employees do you have in your organization?
………………………………………………………………………………..
7. How many among your employees are people with
disabilities? ………………
i. If none, why is it so?
………………………………………………………………………………………………………………………………………………
…………………………
8. What are the major concerns that hinder employment
opportunities for people with disabilities?
………………………………………………………………………………………………………………………………………………
…………………………
9. Are you aware of the Tanzania legislation regarding
employment of persons with disabilities? YES/NO
……………………………………………………………
10. Is the legal framework for disabled people in
regard to accessing employment adequate? Answer with
reasons provided
………………………………………………………………………………………………………………………………………………
…………………………
11. Why is there a high rate of unemployed people
with disabilities despite the existence of laws and
policies?
………………………………………………………………………………………………………………………………………………
…………………………82
12. Why most of the employers fail to comply with the
law which provides the right of people with disability
to secure employment?
………………………………………………………………………………………………………………………………………………
…………………………
13. Are you aware of its weaknesses as legislation?
If yes can you please explain the weakness
………………………………………………………………………………………………………………………………………………
…………………………
14. What do you think should be done to sort out this
weakness?
………………………………………………………………………………………………………………………………………………
…………………………
15. Is there a need to revisit the law in ensuring
that disabled people are adequately protected in
securing employment?
………………………………………………………………………………………………………………………………………………
…………………………
83
Appendix 3: QUESTIONNAIRE TO INSTITUTIONS
I am a student of Mzumbe University Mbeya Campus College
pursuing a Bachelor degree in Law. I am currently
conducting a research project as a partial fulfillment of
my First Degree programme. The intention of this
questionnaire is to collect information concerning the
Adequacy of Tanzanian laws in protecting Disabled people to
secure Employment. This information will be used for
academic purposes and not otherwise. I kindly ask for your
cooperation to make this study a success. I assure you that
84
the information provided will be treated with strict
confidentiality. Thank you in advance.
1. Personal Information
i. Name ………………………………………………..
ii. Age ………………………………………………..
iii. Sex ………………………………………………..
iv. District ………………………………………………
2. Marital Status
i. Married
ii. Single ( )
iii. Divorced
iv. Widowed
3. Educational Status
i. Primary School
ii. Secondary School ( )
iii. Certificate
iv. Diploma – Above
4. What is the number of disabled people currently
employed? ................................
5. Can you please assist me to know the number of
disabled people who are self-
employed? ............................................
.............................
85
6. Is the legal framework for disabled people in regard
to accessing employment adequate?
………………………………………………………………………………………………………………………………………………
…………………………
7. Why is there a high rate of unemployed people with
disabilities despite the existence of laws and
policies?
………………………………………………………………………………………………………………………………………………
…………………………
8. What are the challenges that disabled people get in
securing formal employment?
………………………………………………………………………………………………………………………………………………
…………………………
9. Can you please share with me how employers comply with
Tanzanian Employment law.
………………………………………………………………………………………………………………………………………………
…………………………
10. Why do most of the employers fail to comply with
the law which provides the right of people with
disability to secure employment?
………………………………………………………………………………………………………………………………………………
………………………….
86
11. In your opinion what do you believe should be
done to increase employment opportunities for people
with disabilities?
………………………………………………………………………………………………………………………………………………
…………………………
12. What steps should the government and non-
governmental organizations take to promote employment
opportunities for people with disabilities in
Tanzania?
………………………………………………………………………………………………………………………………………………
…………………………
13. Is there a need to revisit the law in ensuring
that disabled people are adequately protected in
securing employment? If yes, why is it?
……………………………………………………………………………………
87