Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

1. The Committee notes the Government's report and the information supplied by the Government representative at the Conference Committee in June 1996 in reply to the points raised in its previous comments, and the ensuing discussion.

2. Access to higher education. The Committee notes the supplementary explanations on the role played by the Communist Party of Cuba and the trade unions in the "consultations" provided for in section 21 of resolution No. 1 of 1994 on admission to post-secondary and higher education. Resolution No. 1 is issued every year and applies only to full-time students, having no employment relationship, who have completed the 12th grade in pre-university institutions and wish to follow regular day-time courses in higher education. The Government explains that holding these examinations for admission to regular day-time courses involves substantial resources, preparation of premises and of material, transport and accommodation, since they are taken simultaneously by all students of the pre-university institutions and recourse is had to the bodies mentioned since they are the only organizations having such massive resources. It is at this organizational stage that the so-called "consultations" are carried out only on the logistic needs; the consultations with the Communist Party of Cuba or the trade unions do not affect in any way the results of the admission examinations or academic assessment needed to enter these courses.

3. Conditions of employment of senior officials. The Committee had noted that the labour and wages law was being examined with a view to adapting it to new conditions, taking into account the Committee's comments, and that consultations were being held with organizations, enterprises and trade unions to this end. The Committee therefore requested the Government to provide copies of the revised legislation when it is adopted. In this regard, the Committee notes that the Executive Committee of the Council of Ministers recently adopted agreement No. 2896 (a document exclusively for internal use by the Executive Committee of the Council of Ministers) which established the Central Commission on Senior Officials, composed of members of the Council of Ministers. The function of the Central Commission is the assessment, selection, preparation, promotion and motivation of senior officials in the Central Administration of the State and its reserve list, issued under Legislative Decree No. 82 of 1984 and its regulations. The requirements in these legal instruments relate to personal integrity, management capacity, educational level, and management and work experience. The Central Commission submits its findings to the Government for approval.

4. The Committee notes with interest that section 3 of Legislative Decree No. 82 defines "senior officials" as workers who as a general rule occupy posts in the management category in a state institution. Similarly, section 6 provides that the requirements for occupying senior posts are determined and evaluated on the basis of the category, hierarchial level and sector or branch to which the institution belongs and the nature of the job in question. In view of the detailed explanation provided, both in the report and in the relevant legislative texts, the Committee expresses the hope that it will continue to be informed of any new legal instrument adopted concerning this point.

5. With reference to the Latin American Central of Workers (CLAT) allegation in 1992 of the dismissal of 14 university teachers for having expressed their political opinions, the Committee had noted the Government's statement that the college of teachers and the student body made a request to the rector for the dismissal of those teachers. According to the Government, this is an exceptional procedure under Legislative Decree No. 34 of 1980 applicable solely to members of educational institutions who come into direct contact with students. The Committee recalls that the type of discriminatory treatment suffered by the teachers, based on the expression of political opinion, is contrary to the Convention, irrespective of the body which took the decision to dismiss them.

6. The Committee notes with interest both the Government's report and the statement of the Government representative that a draft legislative decree has been prepared, taking into account the Committee of Experts' comments, on the system of labour law. The draft contains substantive and procedural provisions on violations of labour discipline and applicable sanctions and stipulates the bodies which administer labour law. This draft proposes the repeal of Legislative Decree No. 34 of 1980 and, at present, is undergoing a consultative process with organizations, enterprises, trade unions, the courts and other institutions involved in the proposals in the instrument, the intention being not only to eliminate those aspects which might be interpreted and applied wrongly in connection with the Convention, but also to examine the possibility of consolidating the procedures so that they would correspond to the principles governing the ordinary procedures in force regarding employment sanctions. The Committee requests the Government to send it a copy of the draft once it has been adopted.

7. Conditions of employment of journalists. With reference to the evaluation of the results of the work of journalists based on systematic surveys of public opinion, the Committee thanks the Government for having sent a copy of the form used to evaluate the journalists' work and the text of the public opinion survey prepared by the "Editora Juventud Rebelde". The Committee notes that the form is a document intended to verify the quality of work and popularity of the items published. Bearing in mind the concern expressed by the Conference Committee in its conclusions in regard to the possibility that discrimination on the basis of political opinions exists in this sector, the Committee requests the Government to supply information on the working conditions of the journalists who express political opinions contrary to the Government.