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 &COPYRIGHTI, 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

xiii

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 &COPYRIGHT........................................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

70

71

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?

………………………………………………………………………………………………………………………………………………

…………………………

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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

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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? ............................................

.............................

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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?

………………………………………………………………………………………………………………………………………………

………………………….

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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?

……………………………………………………………………………………

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