Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the comments from the Inter-American Trade Union Institute for Racial Equality (INSPIR), received on 12 September 2002. The comments have been forwarded to the Government and the Committee will address them, together with any comments the Government might have thereon, at its next session. Noting the discussions in the Conference Committee on the Application of Standards in June 2002, the Committee repeats its previous observation, which read as follows:

1. The Committee notes the report of the Government and the attached documentation. The Committee recalls its previous comments concerning discrimination on the grounds of sex, race and colour, in which it noted with interest legislative and practical measures taken by the Government to implement the principles of the Convention. With reference to Article 3(f) of the Convention, the Committee noted that sufficient time had elapsed to warrant an initial assessment of the progress achieved in eliminating employment-related discrimination in the country. In this context, the Committee notes the discussions on the application of the Convention by Brazil in the Committee on the Application of Standards of the International Labour Conference at its 88th Session in 2000 and recalls the observations submitted by the INSPIR on 6 November 2000 containing allegations that the public recognition of racial inequalities by the Government was not followed by appropriate government action to produce results.

2. The Committee notes with interest from the Government’s report that a new section 216-A, which makes sexual harassment punishable as a crime, has been included in the Penal Code by Act No. 10.224 of 15 May 2001. The section provides that officials who use their higher position or ascendancy inherent in the exercise of their duties, post or office to pressure another person for the purpose of obtaining sexual advantage or favours shall be punished with one to two years of detention. The Government is asked to provide information on the application and impact of the new legislation.

3. As regards the position of women in the labour market, the Committee notes from the Brazilian National Report on the Implementation of the Platform for Action of the Fourth United Nations World Conference on Women prepared for June 2000 (Beijng +5) that, while women’s participation grows and they have greater occupational mobility, occupational segregation and the gender wage gap persist and the rate of women in unemployment has risen. The Committee notes also the statement of the Government that the situation of black women is often characterized by multiple discrimination on the basis of sex, race and colour.

4. The Committee notes the information contained in the Government’s report concerning the situation of racial and ethnic minorities in the labour market. According to a survey cited by the Government, 90 per cent of Brazilians living under the poverty line are black or mulatto and 60 per cent of the mulatto and black population work in the informal sector, while that rate among the white population is 48 per cent. The illiteracy rate is 10.6 per cent among whites, 25.2 per cent among mulattos and 28.7 per cent among the black population.

5. The Committee had previously welcomed the promulgation of Act No. 9799 of 1999 which includes provisions prohibiting discrimination on the basis of sex, age, colour and family status, including pregnancy, in respect of access to employment, vocational training and terms and conditions of employment. The Act also contemplates the adoption of temporary measures to establish policies designed to correct inequalities that affect women in employment and occupation. The Committee requested the Government to provide information on measures adopted in this regard, as well as information regarding the application of Act. No. 9799 and its impact on the position of women and racial and ethnic minorities in the labour market. The Committee notes the announcement by the Ministry of Labour and Employment in July 2001 that 20 per cent of the budget of the Worker’s Assistance Fund (FAT), which was R$8.7 billion in 2000, would be invested in occupational training for the black and mulatto population, with preference given to women. The Committee requests the Government to continue to provide information on the implementation of this initiative and details on other specific measures taken to prevent discrimination on the grounds of sex, race and colour and to promote racial and gender equality, including positive action in respect of access to education, training and employment.

6. With respect to securing the acceptance and observance of the national equality policy, the Committee previously noted the National Programme of Human Rights, the campaign "Brazil, Gender and Race - United for Equal Opportunities" and the establishment of centres for the prevention of discrimination in employment and occupation, which undertake promotional activities and receive complaints. The Committee notes from the report that as of August 2001, 58 such centres have been set up throughout the country and that the target adopted by the federal Government is that in 2002 there will be a centre in each regional labour delegation or sub-delegation. The Committees notes that the centres are carrying out activities in cooperation with black rights’ defence groups to raise awareness in society at large about discrimination against blacks and to make black workers themselves aware of discrimination against them. The Committee also notes the efforts by these centres to promote racial equality and diversity through negotiations with employers’ associations and managers in the various branches of activity where black workers are absent. Recalling the observations of INSPIR, the Committee requests the Government to provide detailed information on the impact of these awareness-raising measures on improving the position of women and blacks in employment and on their terms and conditions of work.

7. The Committee notes that the centres for the prevention of discrimination in employment and occupation receive complaints about discriminatory practices in employment and occupation. While noting that the number of complaints made to the centres has recently increased, the Committee observes that the number of discrimination complaints based on sex, race or colour remains relatively low. In the first half of 2001, the majority of complaints were based on disability discrimination - here were only four complaints because of racial discrimination (0.1 per cent) and 103 complaints of sex discrimination (3 per cent). The Committee notes the indication of the Government that this is due to the difficulties in obtaining corroborating evidence of discrimination in such cases. The Committee points out that such evidentiary difficulties should not operate to bar the filing and pursuit of complaints. In this regard, the Committee underscores the importance of establishing accessible and effective complaint mechanisms, procedures and remedies for victims of discrimination on grounds of sex and race. It also recalls the importance of promoting legal literacy campaigns to create awareness of workers’ rights and the existence of complaint mechanisms. The Committee requests the Government to continue to provide information on the nature and outcome of complaints involving discrimination on the basis of sex or race examined by the centres for the prevention of discrimination in employment and occupation, including the number of cases that have been submitted to the public prosecutors.

8. As regards the assessment of the impact of legislative and practical measures taken to improve the situation of women and ethnic and racial minorities in the labour market, the Committee notes that the Minister of Labour and Employment, by issuing Order No. 1.740 of 26 October 1999, decided to include in the report forms for the Annual Social Information Report (RAIS) and the General Record of Employment and Unemployment (CAGED) information on race and colour of persons concerned. While welcoming this information, the Committee once again requests the Government to provide full information in its next report, including statistical data, on the situation of women and the indigenous, black and mestizo population in employment and occupation, including access to vocational guidance, vocational training and employment, as well as on the impact of the Government’s equal opportunity policy in this respect.

The Committee is addressing a request directly to the Government on other points.