Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Cuba (Ratification: 1965)

Other comments on C111

Observation

Direct Request

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Gender equality. In its previous observation, the Committee requested the Government to provide information on the measures taken to raise awareness of the issue of discrimination in employment and occupation and on complaints concerning discrimination made to the judicial and administrative authorities. In this respect, the Committee notes the Government’s indication concerning the significant and growing participation of Cuban women in the economic, political and social life of the country and in the design and implementation of policies. The Government refers to various measures adopted, including the training of 500 communication specialists, executives and professionals, carried out jointly by the Government and the social organizations, and the establishment of a Gender and Communications Chair, as well as various awareness-raising activities and workshops in the field of communication. The Government also refers to the agreement concluded between the National Union of Jurists of Cuba and the Federation of Cuban Women for the training of lawyers and law students in gender and law, and the inclusion of this subject in the Women’s Chair of the University of Havana. With regard to the existence of complaints concerning specific cases of discrimination, the Government indicates that the National Labour Inspection Office is responsible for enforcing labour legislation and has not identified violations relating to compliance with the Convention. The Committee requests the Government to continue providing information on the awareness-raising measures adopted in relation to equality and their impact in practice, and particularly on the measures adopted to disseminate information on the available measures and remedies for victims in cases of acts of discrimination.

Gender equality. Statistical data. The Committee also notes the statistical data attached to the Government’s report, according to which women account for 65.7 per cent of professional and technical personnel, 72 per cent of the workforce in the education sector and 70 per cent in the health sector. The Government adds that 49.5 per cent of workers in the Ministry of Information Technology and Communications are women, as are 71 per cent of investigators and 66.3 per cent of professional magistrates. In the Ministry of Technology and the Environment, they account for 56 per cent of technical personnel and 48 per cent of investigators. The Committee notes the statistical data provided in relation to women’s education, according to which 43.6 per cent of those graduating from technical and vocational education are women, with this percentage reaching 60 per cent in fields such as accountancy and services, and 20 per cent in agriculture. The proportion of women graduates from university level teacher training is 72.6 per cent, while the figure is 61.3 per cent for those completing higher education, and 60 per cent in medical careers. The Committee requests the Government to continue providing statistical data on the participation of women in the labour market and their access to education at all levels and in all fields.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. In its previous observation, the Committee requested the Government to provide information on the measures adopted to raise awareness of the issue of sexual harassment, the complaint procedures available to victims and the complaints made to the competent bodies. In this respect the Committee notes that the Government reiterates the information provided previously and refers to the existence since 1997 of the Working Group to Prevent and Address Violence in the Family, coordinated by the Federation of Cuban Women, with the participation of the Ministries of Education, Public Health and the Interior, among other State bodies. The objective of the Working Group is to develop and implement a joint plan of action, including proposals for the various sectors of society, to guide and help victims. The Government adds that during the inspections carried out in 2010, the labour inspection services did not report violations in relation to sexual harassment, nor were any complaints of sexual harassment brought to the judicial bodies. The Committee requests the Government to provide information on the actual procedures that exist and are available for victims in cases of sexual harassment. Considering that confining sexual harassment to criminal proceedings may be inadequate, as normally only the most serious cases can be addressed through such procedures, but not the full range of conduct which may be considered sexual harassment in employment and occupation, the Committee requests the Government to adopt specific provisions on sexual harassment in the labour legislation and refers to its general observation of 2002 on the subject. The Committee requests the Government to provide information on any measure adopted in this respect.

Discrimination on grounds of political opinion. The Committee has been referring for a number of years to the need to ensure that the protection of individuals in employment and occupation against discrimination on the basis of political opinion is also afforded in relation to activities which express or demonstrate opposition to the established political principles. In its last comments in 2009, the Committee requested the Government to provide information on any cases involving individuals detained, sentenced or accused of other offences who may have claimed to be journalists. In this respect, the Committee notes with regret that the Government has confined itself to reiterating that the exercise of an occupation does not constitute a crime for which a penal sanction can be imposed. The Committee emphasizes the need to extend the protection of individuals against discrimination on the ground of political opinion to activities that express or demonstrate opposition to established political principles, as there would be no object in protecting opinions which can neither be expressed or demonstrated. Indeed, the protection of freedom of expression is aimed not merely at the individual’s intellectual satisfaction at being able to speak her or his mind, but rather – and especially as regards the expression of political opinions – at giving that person an opportunity to seek to influence decisions in the political, economic and social life of the society (see 1988 General Survey on equality and employment and occupation, paragraph 57). The Committee, therefore, requests the Government to provide detailed information on the situation and conditions of work of independent journalists, and particularly on the manner in which it is ensured that journalists and all other workers who express political opinions contrary to the Government, enjoy protection from discrimination on these grounds.

Discrimination on other grounds. Noting that the Government refers exclusively to discrimination on the grounds of sex and political opinion, the Committee requests the Government to provide specific information on the application in practice of the Convention in relation to the other grounds of discrimination enumerated in Article 1(1)(a) of the Convention.