Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1 of the Convention. Discrimination on the basis of political opinion. In its previous observation, the Committee referred to a communication from the Union of Teachers of Itajaí and Region concerning the dismissal of three university teachers which was based, according to the communication, on their political opinions. The Committee notes that, according to the Government, the investigation into this case was halted on 27 March 2007 because the allegations could not be proved. This was subsequently communicated to the Higher Council of the Labour Prosecution Office so that it could align its records accordingly. The Committee also notes the Government’s statement that no specific action has been taken for combating discrimination in employment and occupation on the basis of political opinion. The Committee requests the Government to clarify the nature of the abovementioned investigation, indicating in particular whether this was an independent procedure. The Committee also requests the Government  to provide information on any other cases of discrimination in employment or occupation on the basis of political opinion which are brought before the judicial or administrative authorities and the outcome thereof. Please also provide information on the manner in which it is ensured that workers do not suffer discrimination on the basis of political opinion.

Discrimination on the basis of gender, race or colour. The Committee notes the “Brazil: gender and race” programme, under which equal opportunity and anti-discrimination groups were established, and also the territorial/sectoral qualification plans (PlanTEQS) for promoting vocational training, particularly for vulnerable groups, namely women, persons of African descent and indigenous peoples. The Committee also notes the plan of action adopted in 2006 by the Tripartite Committee on Equal Opportunities and Treatment, the “National plan for policies for women” and the “National policies for the promotion of racial equality and for sustainable development for the poor and for traditional communities”, the aim of which include the eradication of all forms of discrimination with regard to these groups. However, the Committee notes from the documents attached to the Government’s report that women and persons of African descent are concentrated in activities which are the most precarious and afford the least social protection and their remuneration is lower than that earned by other workers (men, whites). In this regard, the Committee notes that, although the gender wage gap decreased from 23.9 per cent in the early 1990s to 16.7 per cent in 2003, the wage gap between persons of African descent and whites has not shown any improvement over the last 11 years, remaining at approximately 50 per cent. The Committee understands that persons of African descent are under pressure in various sectors, including private banks, and in particular in managerial positions. The Committee also notes the particularly vulnerable situation of women of African descent, who suffer discrimination on grounds of both race and sex. The Committee urges the Government to continue taking steps to ensure that women and persons of African descent benefit fully from equality of opportunity or treatment in access to vocational training, access to employment, including employment in private banks, and conditions of work. Please supply information on any measure taken in this regard and also up to date information on the situation of women and persons of African descent in the labour market.

The Committee is raising other points in a request addressed directly to the Government.