Accessibility to policies and resource mobilization of organizations for people with disabilities in Vietnam

HỘI THẢO KHOA HỌC QUỐC TẾ PHÁT TRIỂN HÒA NHẬP XÃ HỘI DỰA VÀO CỘNG ĐỒNG: CƠ HỘI VÀ THÁCH THỨC 24 ACCESSIBILITY TO POLICIES AND RESOURCE MOBILIZATION OF ORGANIZATIONS FOR PEOPLE WITH DISABILITIES IN VIETNAM Le Thi Nhung * Bui Thi Xuan Mai ** Abstract Sustainable livelihood is concerned as the key component to empower people with disabilities (PWDs) towards an inclusive society. A wide range of laws, policies and programs have been carried out by both Vietnam’s government and non-governmental organizations (NGOs), particularly Organizations for People with Disabilities (DPOs) in order to better the livelihood of PWDs. Ironically, both PWDs and DPOs are facing lots of challenges in utilizing the state’s policies and programs, and they are mobilizing community’s resources as an alternative. This study aims at an overview of the legal system in supporting for livelihoods of PWDs and feedbacks of DPOs in accessibility to it in practical context as well as their ways to mobilize other different resources. The results are drawn from secondary researches and a primary research through in-depth exploratory interviews of seven DPOs. Keywords: livelihoods, persons with disabilities, organizations for persons with disabilities, community resources, policies, programs 1. Introduction Among 7.2 million of PWDs 1 accounted for 7.8% of the total Vietnam’s population, there are 2.63 million of employees with disabilities- LWDs (5.3% of the total labor force) (Ministry of Labour & Social Affairs- MOLISA, 2016). There is a low rate of employment participation of PWDs by 44.7% (Institute of Social Sciences & Haans Seidel Foundation, 2015) meanwhile unemployment rates of persons with disabilities on average and persons with severe disabilities are respectively high at 20% and 95% (Nam T., 2015). This tendency occurs in both urban and rural areas remarkably three times higher (4.3% vs. 14%) than that in cities and metropolitan areas compared with non-disabled persons (ILO, 2013). Employment of PWDs is disputably unsustainable and risky, with only 14.3% of wage employees as equal to half of non-disabled persons. Among them, the proportion of PWDs having a job in governmental agencies stands at 4.7%, much less than those working in informal own- account and family- account economic patterns or private sectors with 92.5% (Institute of Social Sciences & Haans Seidel Foundation, 2015). This implies to a higher risk of PWDs coping with hazardous and low paid conditions when getting informal jobs. Meanwhile, according to the research on Economic Costs of Living with Disabilities and Stigmatization in 08 Vietnam’s provinces, about half of PWDs have monthly wages of less than 1.25 million VND (equivalent to 55 USD/month) (Institute of Social Development Studies & et.al, 2013). Besides, the occupational * PhD Candidate of Social Work, University of Labour and Social Affairs II ** Assoc. Prof.Dr. Vice president of Scientific and Academic Committee, University of Labour and Social Affairs II 1 PWDs from five years old above ISBN: 978-604-73-5599-0 Le Thi Nhung – Bui Thi Xuan Mai 25 structure of PWDs maintains traditional and unstable. The results of the survey on Working Areas of PWDs in 11 provinces (2008) drew on major sectors contributed by agriculture (41.1%), trade and services (28.9%), small manufacture and handicraft (06%) and the rest about 24% having different, unstable or non-specific jobs. It is undeniable that PWDs in Vietnam have been enduring difficult livelihoods due to improperly- applied legal system, disadvantaging social environment and their own limited capacity. They have poor living conditions, low educational background, lack of capital and resources for production, low entrepreneurship and income generation. As estimated, nearly a half (49.4%) are the members of poor or relatively poor households. Many of their loans turn out to be doubtful and bad debts. Meanwhile, most of them cannot cover their daily living as 82.2% can only meet some certain basic conditions and accommodation. Thus, it is proven that 80% of PWDs in urban areas and 70% in rural areas are dependently living on their families, relatives and social welfare (Institute of Social Sciences & Haans Seidel Foundation, 2015). Empirical evidence also shows that PWDs living in poverty have been always suffered from double disadvantages resulting in a higher risk of becoming even poorer (UNDP India, 2012). Both international conventions and commitments and Vietnam’s legal documents are made in order to ensure that PWDs have the same rights and obligations as other citizens accessing to a social security net as a minimum commitment of an enabling environment towards an inclusive society (United Nations, 1994, Vietnam’s National Assembly, 2010&2013). However, it is arguable that there are significant gaps between policies and policy implementation. In other words, effectiveness and efficacy of national policies and schemes remains questionable. At the same time, organizations for persons with disabilities (DPOs) take different roles as both a gap-filler and developmental actor through service delivery, pilot practice, documentation, capacity building, advocacy for change and policies as well as raising awareness (Nhung, 2017). They are promoting development of skills of PWDs in negotiation process, organizational abilities, mutual support, information sharing and often vocational skills and opportunities. In view of their vital importance in the process of participation, it is imperative that their development be encouraged (United Nations, 1982). Nevertheless, in a practical context, DPOs who are representing for PWDs are struggling in making use of government’s policies and programs. Therefore, this paper aims at reviewing major State’s legal documents and livelihood schemes for PWDs as well as reflecting current situations of DPOs in policy and program accessibility and how they are mobilizing resources to help PWDs. 2. Methodology This paper was undertaken with a desk review of the constitution, laws, policies, schemes and programs. More importantly, in-depth interviews with 07 Disabled People's Organizations was carried out for their feedbacks on policies - and how they were implemented in local context. The interviews were conducted through face to face meetings or telephone calls for 20-30 minutes. For preparation, a questionnaire with 04 guiding questions was sent to several DPOs as their requests. During the interviews, more specific questions were given based on how the respondents HỘI THẢO KHOA HỌC QUỐC TẾ PHÁT TRIỂN HÒA NHẬP XÃ HỘI DỰA VÀO CỘNG ĐỒNG: CƠ HỘI VÀ THÁCH THỨC 26 participated for further exploration and clarification. Recording with their consent was used to get full and accurate responses, and after that the qualitative data was analyzed and coded. In a purpose of higher validity of a qualitative study with a small-sized sample, the invited representative respondents included 05 leaders and founders of DPOs and 02 livelihood program officers. Also, DPOs were selected to cover a variety of forms, such as quasi-governmental agency, international organization, and local non-governmental organization with and without legal status. Furthermore, secondary data (reports, articles, online resources etc.) were cited to strengthen the findings. 3. Key profiles of respondent DPOs The seven respondent DPOs include 02 quasi- governmental agencies- QGA, 01 international non-governmental organization- INGO, 02 local non-governmental organizations with legal status- RLNGO and 02 local non-governmental organizations without legal status- ULNGO. Among those organizations, there are five DPOs in HCMC, one in Ben Tre province and one INGO having project site in Dong Nai province. The DPOs are coded and identified with the following profiles in terms of legal status, time of operation and services: Code Type Brief description of programs/ services QGA1 19 years Social Protection Center (belonging to HCMC Department of Labour-Invalids & Social Affairs) Providing 20 vocational training programs, creating jobs and operating as a job platform QGA2 19 years Association of PWDs and Children Protection (established by HCMC People’s Committee) Providing scholarships, vocational training, assistive devices, health care services, sheltering, creating jobs and microcredit program INGO 28 years An international, independent and impartial organization Consolidating national methods, strategies and services in the field of health and rehabilitation, social and economic inclusion for PWDs, and human rights in the partnership with Vietnamese authorities RLNGO1 12 years A non-profit center licensed by Vietnam Union of Science and Technology Associations Developing PWDs’ capacity (social inclusion, accessibility and connection, learning and employment services), raising awareness and getting involved of the public and promoting advocacy RLNGO2 17 years A shelter (non-governmental social protection center) founded by a person with visual impairment, licensed by District People’s Committee Providing scholarships, short-term sheltering (for 30 children with visual impairment), vocational training (music, massage), basic education (Informatic Technology, Sports, Braille), printing Braille books for sale, selling walking sticks and interpreting services ULNGO1 09 years A youth led creative group with self-financing and non-profit model Training for people with visual impairment in orienting and movement, giving sticks and advocating for pavement and sound signs, marketing to export embroidery and paintings of girls with visual impairments ISBN: 978-604-73-5599-0 Le Thi Nhung – Bui Thi Xuan Mai 27 ULNGO2 01 year A newly-founded group by a former teacher in a specialized school for young disabled people (YWD) Improving their education and joining recreational, social, livelihood activities based on their family participation in self-help group (serving for 10 YWDs at present) 4. Findings 4.1. Legal framework on livelihoods of persons with disabilities In policy designation, there is a wide range of legal documents at various levels of Vietnam’s government which creates the premise of bettering livelihoods of PWDs. Table 1 - Legal framework on livelihoods of people with disabilities Document Promulgator Articles related to livelihood of PWDs Constitution of the Socialist Republic of Vietnam 2 National Assembly (2013) Article 59 enshrines the protection of PWDs (social welfare, social security, and assisting policy) Law on Persons with Disabilities 3 (No.51/2010/QH12) National Assembly (2010) Chapter V (Article 33- 35): Employment for PWDs and policies for manufactures and enterprises having disabled workers; Chapter VII (Article 39- 43): Apartment, public building, transport, informatics technology & media Decree No.28/2012/ND-CP on Implementation Guidelines Law on Persons with Disabilities Government (2012) Chapter II (Article 8 to 10): giving support and favorable conditions to own-account and family account employment, production and business establishments using 30% LWDs or enterprises/corporates recruiting over 10 PWDs. Labour Code (2012) National Assembly (2012) Section III contains regulations on the employment of PWDs Law on Vocational Education 4 No. 74/2014/QH13 National Assembly (2014) Article 6, Article 18, Article 27, Article 51, Article 58, Article 62 Decision No.1019/QD-TTg approving the National Action Plan of Supporting People with Disabilities for 2012-2020 Government (2012) Providing vocational training and suitable jobs to 250,000 working-age PWDs through accessibility to public buildings, transportation, early intervention, inclusive education, medical services and legal services. 2 Based on the Constitution (1992) and Amended Constitution (2001) 3 Upgraded from the Ordinance No. 06/1998/PL-UBTVQH10 about the handicaps issued by the Standing Committee of National Assembly 4 Replaced for the Law No.76/2006/QH on vocational training issue by the National Assembly HỘI THẢO KHOA HỌC QUỐC TẾ PHÁT TRIỂN HÒA NHẬP XÃ HỘI DỰA VÀO CỘNG ĐỒNG: CƠ HỘI VÀ THÁCH THỨC 28 Decree No. 61/2015/ND-CP about Assisting Job Creation and National Employment Fund Government (2015) Article 23- Borrowers: Applying to the employers whose LWDs are accounted for over 30%; Article 24- Loan amount: 01 billion VND (about 44,000 USD) for each project and of 50 million VND (about 2,200 USD) for every job creation. Document No.3930/LDTBXH- TCDN about Vocational Training and Iob creation for PWDs MOLISA (2014) Requesting Provincial People’s Committee to monitor some key solutions in vocational training and job creation in order to implement the National Action Plan No.1019 QCVN 10:2014/BXD National Technical Regulation on Construction for Disabled Access to Buildings and Facilities 5 Minister of Construction- MOC (2014) National accessibility standards for construction of apartment, public buildings, stations, transportation infrastructure and urban facilities It can be seen that the legal framework is more and more systematic and sufficient in order to ensure employment rights of PWDs for sustainable livelihoods. The Constitutions of the Socialist Republic of Vietnam in 1992, 2001 and updated version in 2013 help legalization of rights of PWDs. Other important regulations, namely the Labour Code (2012, Article 12) and Decree No.28/2012/ND-CP (Article 05) encourage employers to hire a more intensive quantity of LWDs as well as create jobs for PWDs. At the same time, the Law on Disability in 2010 (Chapter V) specifies vocational training and employment, and the Law on Vocational Education in 2014 (Article 06) gives preferential treatment and the National Action Plan (2012-2020) creating opportunities of job training and job creation targeted to 250,000 PWDs in working age. Besides, the Government has taken different measures in finance and job networking, such as the national employment fund, job fairs with prioritized booths in order to connect between PWDs and employers since 2006. Another advantage is a legal mechanism working out this system, MOLISA has the political mandate to address issues on PWDs, responsible for coordinating the implementation of disability legislation. Ministry of Education and Training, Ministry of Health, Ministry of Construction and Ministry of Transportation get involved in coordination. The People’ committees at provincial, district and commune levels play the role as the most direct implementers of all disability-related policies. Accordingly, how can DPOs benefit from the legal system? Vocational training schools of PWDs are given priority to favorable locations, financial support in providing free training, tax exemption and loans at preferential interest rates. For other institutes with training programs with 30% of PWDs’ enrollment, priority is given to investment and guaranteed funding in certain proposals. Secondly, DPOs get better staff when their teachers and trainers could have some benefits in terms of capacity building and higher allowance (plus 70% of minimum wage). Indirectly, DPOs potentially have favorable conditions to run their services for disabled clients thanks to their eligibilities in scholarships, free or discounted tuition, assistive device and social allowance based on levels of disabilities and inability to work. 5 Replaced for QCXDVN 01: 2002 about the Barrier-Free Access Code & Standards ISBN: 978-604-73-5599-0 Le Thi Nhung – Bui Thi Xuan Mai 29 4.2. Feedbacks of DPOs in accessibility to government’s policies and programs Benefits from government’s policies and programs As the results of in-depth interviews, there are remarkably some positive feedbacks from the DPOs when being asked what are the good points of current legal framework (see Table 2). Table 2 - Benefits from government’s policies and programs No. Factors Positive feedbacks Respondents 1 Legislation Having a large amount of important legal documents at a wide range of enforcement for a general legal framework QGA1, QGA2, INGO, RLNGO1, RLNGO2, ULNGO1 2 Social protection schemes Meeting needs of certain groups of certified PWDs QGA1, QGA2, RLNGO2 3 Financial support and resource investment to DPOs Giving some basic support of salaries for certain numbers of staff, certain cost of infrastructure, bills of renting house, electrics, water, stationery, etc. QGA1, QGA2 4 Financial services N/A 6 5 Self- employed or own- account program N/A 6 Skills development to DPOs and PWDs Giving funds to some mainstream vocational training programs & basic education to PWDs; Inviting the staff of DPOs for capacity training or regular meetings. QGA1, QGA2, INGO, RLNGO1, RLNGO2 7 Information guidance to DPOs and PWDs Giving the details in procedures; Being supportive (local officials). QGA1, QGA2, INGO, RLNGO1, RLNGO2 8 Coordination of governmental agencies Being supportive in networking; Having 01-02 focal officials joining the project/ in charge of follow up QGA1, QGA2, INGO It reveals that almost all DPOs approve current legal documents being sufficient as a legal premise of improving livelihoods of PWDs. “It is relatively useful to create a framework. MOLISA invited for consultation from different agencies in making policies quite often” (INGO). The government also targets at developing skills of PWDs through mainstream vocational training programs and involvement of the staff of DPOs in competency development on new policies, working skills with PWDs and evaluation or through consultation meetings. Besides, several respondents DPOs gives good comments on coordination and information guidance of local officials. Normally, in partnership projects between INGOs and local governments, there is a focal official who would work as a facilitator or part-time officer. In turns, he/she is trained to get more understandings, skills and attitudinal values in working with their disabled citizens. 6 N/A: Not having comments HỘI THẢO KHOA HỌC QUỐC TẾ PHÁT TRIỂN HÒA NHẬP XÃ HỘI DỰA VÀO CỘNG ĐỒNG: CƠ HỘI VÀ THÁCH THỨC 30 On a highlight, there is a tendency that the quasi-governmental agencies (QGA) have better feedbacks on the Government’s policies and programs in almost all factors. It is explained that they are categorized as major and formal service providers of national mainstream policies and programs. They enable to get support from the Government in terms of investment, operation costs, capacity building, etc. Meanwhile, the unregistered NGOs (ULNGO1, ULNGO2) did not mention about any positive factors except for Factor no.1. Gaps of the Government’s legal system in livelihoods of PWDs As mentioned above, the State has paid much attention to promote livelihoods and self- employment for PWDs, which have had certain impacts on positive changes on their lives. However, both PWDs and DPOs are facing some critical difficulties and challenges (see Table 3). Table 3 - Difficulties and challenges of DPOs inaccessing to Government’s policies and programs No. Factors Gaps/Challenges Respondents 1 Legislation - Unspecified articles to different kinds of disabilities - No compulsory in recruiting PWDs - Criteria of legal status of DPOs - RLNGO2, ULNGO2 - QGA2 - ULNGO1, ULNGO2 2 Social protec