Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information sent by the Government in its report.

1. Sexual harassment. The Committee notes the concluding observations made by the Committee on the Elimination of Discrimination Against Women on the periodic report by Cuba (CEDAW/C7/C/CUB/4) at its session of June 2000 in which it expressed concern at the existence of sexual harassment at work and the lack of legislation to penalize such practices. The Committee notes that in its report the Government indicates that the legislation contains general principles which could cover sexual harassment. The Committee nevertheless recommends that the Government consider the possibility of adopting specific legislation that takes account of the elements set forth in its general observation of 2002 in order to combat such offences at work more effectively.

2. Discrimination on grounds of sex. In its previous comments the Committee requested the Government to provide information on the measures being implemented to promote in practice women’s access to employment, vocational orientation and certain occupations, with a view to achieving greater equality between men and women in employment and occupation. The Committee takes note of the information supplied in the Government’s report to the effect that the Economic Technical Plan in force since 1995 allows for new jobs to be created every year and specifies the number of women who can take up these jobs. The Committee further notes that with the assistance of the Coordinating Committees for Women’s Employment, strategies and assessments are being conducted in order to bring about changes, taking into account the difficulties that affect women the most in terms of their integration, qualifications and advancement. According to the Government’s report, 45 per cent of the jobs created in 2002 were for women, and women form the majority among university graduates and in teaching establishments and technical jobs. The Committee hopes that the Government will create the necessary conditions to increase the proportion of "executive" women, and that it will take steps to facilitate greater access to primary and middle-level education since, as the Committee observed in its previous comments, only 12 and 14 per cent of women have attained these levels, respectively, and to raise awareness among men of the need for them to share in family responsibilities.

3. Discrimination on grounds of race, colour and national extraction. With reference to its previous comments on the measures taken to prevent discrimination based on race, colour and national extraction and to promote equality in access to jobs, conditions of work and job security, the Committee notes the information supplied in the Government’s report. It takes note of the Government’s indication that both law and practice fully observe the principle of equality of opportunity and treatment, particularly in respect of race, colour and national extraction. The Committee also notes that the Labour Inspectorate enforces the existing legislation and takes the necessary action if infringements are detected. The Committee would be grateful if the Government would supply information on any complaints of discrimination on the abovementioned grounds and on any activities undertaken to promote equal access to employment and promotional opportunities on grounds of race, colour and national extraction.

4. Discrimination on the basis of political opinion. The Committee pointed out in its previous comments that protecting workers in employment and occupation against discrimination based on political opinion implies affording them protection in respect of activities expressing or demonstrating opposition to established political principles. The Committee notes the Government’s indication to the effect that there is full freedom of speech and opinion in the country based on the unrestricted right to initiative and criticism. The Committee requests the Government to report on how this principle is applied in practice, including to all journalists.

5. In its previous comments the Committee requested information on the practical application of sections 7 and 29 of Ministerial Resolution No. 150/98 of 13 July 1998 approving the branch Regulations on the educational activities of employees of the Ministry of Education. In reply the Government indicates in its report that the committees provided for in section 29 of the resolution, which are established to hear complaints by workers in education who disagree with the imposition of disciplinary measures for their removal from the sector or activity, are composed of an administrative director, a representative of a trade union organization and a worker of renowned standing appointed by agreement between the administration and the corresponding trade union organization. The Committee also notes the Government’s statement that workers may file an appeal, within 90 calendar days of its notification, against provisional suspension of their post or occupation or their wage, with the head of the organization who will rule taking into account the opinion of the national federation of the sector. The Committee also notes that, according to the Government, in the period covered by the report (1 June 2001 to 31 May 2003) there were no instances of removal of workers in education from the sector or activity pursuant to (b) or (g) of the Regulations. The Committee requests the Government to continue to supply information on the effect given to these provisions in practice, including numbers of complaints filed and dismissals.