Observation (CEACR) - adoptée 1992, publiée 79ème session CIT (1992)

The Committee notes that the Government's last report contains no reply to the points raised in its previous direct request and only indicates that there is no discrimination in employment and occupation in the country, quoting the provisions of the national legislation. As regards Article 3(b) of the Convention, the Government states that educational campaigns against discrimination in employment and occupation are pointless as Brazil is a country where discriminatory policies, whatever their nature, meet with no response. With regard to Article 3(c), it states that there is no need to change the legislation in force for the Convention to be observed. With regard to Article 3(f), it states that no distinction, exclusion or preference is made in Brazil and that there is therefore no need to collect statistics, etc. in this respect.

The Committee observes that a State which ratifies the Convention undertakes not only to ensure that national legislation is in conformity with the Convention, but also, under Article 3, to promote such educational programmes as may be calculated to secure the acceptance and observance of the national policy to promote equality of opportunity and treatment (paragraph (b)), to pursue this policy in respect of employment under its control and in the activities of vocational guidance and placement services under the direction of a national authority (paragraphs (d) and (e)), and to indicate in its annual reports the action taken in pursuance of the policy and the results secured (f). In other words, it must pursue an active policy and take practical measures to ensure equality of treatment in the employment and activity under its control, and to promote it in respect of other employment and activities.

As regards the conformity of the national legislation with the Convention, the Committee recalls that in its previous comments it drew attention to the need to repeal expressly only that paragraph of section 482 of the Labour Code, concerning the dismissal of a worker for the perpetration, duly proved by administrative inquiry, of acts endangering national security, and requested information on the progress of a Bill to repeal Act No. 7170 of 14 December 1983 defining crimes against national security.

With regard to national practice, the Committee recalls that in earlier comments, it referred to a study by the Brazilian Institute of Geography and Statistics, which revealed that Blacks and Mulattos are paid less than Whites in all occupational categories and that their level of education was also clearly lower. It also noted a project in the Ministry of Labour's Programme of Action for 1987, to examine the institutional mechanisms of discrimination in the labour market.

The Committee trusts that in its next report the Government will provide the information requested in the direct request of 1990. It would also be grateful if the Government would provide detailed information, in accordance with the report form for the Convention, on the actual situation regarding vocational training, employment and occupation of persons defined according to the criteria set out in Article 1, paragraph 1(a), of the Convention, particularly colour and sex, and describe the results of measures taken in pursuance of the national policy of equality of opportunity and treatment, and supply any information available (such as reports, studies, statistics, etc.) showing any changes which may have occurred in regard to the vocational training, employment and conditions of employment, in the various branches of activity and at various occupational levels, of the persons defined according to the above criteria.