Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1 of the Convention. Discrimination on the basis of political opinion. The Committee recalls that in its previous observation it 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 noted that, according to the Government’s report, the investigation into the case was closed on 27 March 2007 because the allegations could not be proved; it was subsequently forwarded to the Higher Council of the Labour Prosecution Office so that it could be recorded as having been set aside. The Committee also noted that no specific action had been taken to combat discrimination in employment and occupation on the basis of political opinion. The Committee notes that the Government repeats this information while indicating at the same time that discrimination on the basis of political opinion would be covered by the general initiatives taken with a view to eradicating all forms of discrimination. The Government adds that complaints have not been recorded by the respective administrative and judicial bodies of cases of discrimination on the basis of political opinion. The Committee invites the Government to continue providing information on any case of discrimination in employment or occupation on the basis of political opinion which is brought before the judicial or administrative authorities and the outcome thereof. The Committee also requests the Government to provide information on the specific measures adopted or envisaged to ensure 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 Government’s indication that the population of African descent continues to be at a disadvantage in education and the labour market. It further notes that, according to the Government’s report, stereotypes relating to gender and race continue to give rise to the segregation of workers of African descent, indigenous workers and women workers into lower quality jobs. With regard to women, the Committee notes in particular that they are over-represented in domestic work, production for family consumption and unpaid work. The Government’s report also indicates that the unemployment rates of women, workers of African descent and indigenous workers are higher than average, and that the situation of women of African descent and indigenous women is even more precarious.

The Committee notes the many initiatives undertaken by the Government with a view to eradicating discrimination and promoting equal opportunities for the most underprivileged sectors of society. It notes in particular the educational measures and awareness-raising activities envisaged under the II National Plan for Policies for Women with a view to overcoming gender and race prejudice, as well as the awareness-raising activities carried out by the regional commissions for equality of opportunities on the basis of gender, race and ethnic origin, and for persons with disabilities, and to combat discrimination in enterprises, workers’ and employers’ organizations, universities and governmental and non-governmental organizations. It further notes the training programme for men and women domestic workers (National Domestic Work Programme/PLANSEQ) and the plans to review the national legislation with a view to extending all labour rights to this category of workers. The Committee requests the Government to continue making efforts to ensure full equality of opportunity and treatment for women, persons of African descent and indigenous persons, in accordance with the provisions of the Convention. It requests the Government to continue providing information on the measures adopted in this respect and their impact, and it refers to the more detailed comments contained in its direct request. The Committee also asks the Government to provide statistical data in its next report on the distribution of men and women in the various occupations, jobs and economic sectors, disaggregated in so far as possible by race and colour.

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