Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

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

The Committee takes note of the Government's various reports and of the comments of the Trade Union of Workers in the Urban Industries of Rio de Janeiro and the Government's reply thereto.

1. The trade union, which covers electricity, gas and environment workers, claims that representatives of financial groups involved in the privatization of the electricity sector (notably the LIGHT-Electricity Services S.A. company), in particular CHILECTRA, have asked LIGHT, through the database of LIGHT employees, to give a selective identification of workers who are black, HIV positive, homosexual or suffer physical handicaps. The trade union considers that this is discriminatory behaviour which, in addition to violating the institutional and policy rules applying to the privatization process under way for LIGHT, directly contradicts the principles contained in the Brazilian Constitution. The trade union asks for support in stopping similar conduct during the privatization process. The Government's reply includes copies of press clippings relating to CHILECTRA's action and of the LIGHT employees' standard personnel form. It explains that LIGHT is a public enterprise whose principles for human resource management include entrance via public competitions in which the principles of legality, administrative morality, neutrality and publicity apply a priori. The Government stresses that the personal information that was supposedly requested does not appear in the personnel forms nor in LIGHT's employee database. The Chilean company has denied ever requesting this type of information, and LIGHT - in an explanatory note published in the major daily newspapers on 29 March 1996 - stated that its administration has strictly respected the procedures established by the managing bodies of the Privatization Programme as regards information and inspection visits. This explanatory note states: "No requests have been received for the supply of information as mentioned in recent press reports." The Committee notes from the copies of the employees' personnel form that information as to their colour, sexual orientation, HIV status or physical disabilities is not recorded on these forms. In view of this, the company's firm denial and the lack of details from the trade union, the Committee finds no support in the information supplied for the allegation that there has been discriminatory conduct contrary to the Convention.

2. National policy against discrimination. The Committee notes that in March 1996 the Government launched a "National Programme for Human Rights", which devotes specific chapters to equality for women, the black population, the disabled and indigenous populations, as well as action to give effect to international instruments including the Convention. Noting that the Ministry of Justice is given responsibility for the implementation of this National Programme and that State Governors are to make quarterly and annual reports on its application in respect of human rights in their States, the Committee would appreciate receiving, in the Government's next report, information on progress in fulfilling the objectives of this National Programme which are relevant to this Convention, namely equality of opportunity and treatment in employment and occupation without discrimination on the grounds of race, colour, sex, religion, political opinion, national extraction and social origin.

3. Discrimination on the basis of race and sex. The Committee has been examining the application of these specific aspects of the Convention in Brazil for a number of years, including a technical advisory mission by the Office to the country in October 1995. It takes note of the detailed information supplied in the Government's most recent reports relating to its renewed efforts to eliminate discrimination in employment on these grounds following that mission. In addition to the above-mentioned human rights initiative, the Government lists: the adoption of a Presidential Decree on 20 November 1995 establishing an Interministerial Working Group to design policies for the improvement of the situation of the black population (which meets regularly to discuss possible action and special measures towards equality of opportunity in the fields of education, labour, health, culture, religion, violence and racism); the passage of Presidential Decree No. 28 of 20 March 1996 to create a tripartite Working Group for the Elimination of Discrimination in Employment and Occupation (GTEDEO) which has been meeting regularly to discuss ways of implementing the Government's anti-discrimination policy, including Act No. 9029 of 13 April 1995; cooperation protocols signed between the Ministry of Justice (using as intermediary the National Council for the Rights of Women) and various other ministries for the improvement of vocational training, education, health and other prospects for women; the training seminar for "multipliers" (trainers) on gender and race issues (organized with ILO technical assistance in May 1996, aimed at sharing with the staff of various government ministries the results of successful affirmative action measures taken in the country for women and blacks); the planning, again with technical input from the ILO, of a major National Seminar on Discrimination for early 1997; and the continuing debate on draft legislation in the National Congress (for example, Bill No. 382-B/91 concerning, inter alia, women's access to the labour market and the granting of tax advantages to employers who give priority to female labour is now before the Senate; Bills Nos. 123/92 and 147/95 which are following their course through the Chamber of Deputies; and Chamber of Deputies Bill No. 715/95, and Senate Bills Nos. 542/91 and 129/95 which are still being discussed in Congress Commissions).

4. Noting that the GTEDEO is responsible for drawing up an action programme to develop an effective policy of specific measures to ensure better application of the anti-discrimination provisions of the national Constitution, the national legislation and the Convention, the Committee asks the Government to continue informing it of the work achieved by the GTEDEO. It would appreciate receiving, in particular, a copy of the final texts of the various Bills before Congress, and details of the plans drawn up for implementing Act No. 9029.

5. The Committee takes note in this connection of the report of the United Nations Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance concerning his mission to Brazil in June 1995 which states "Employment is one field where there is overt racial discrimination" (UN document E/CN.4/1996/72/Add.1 of 23 January 1996, paragraph 48). He lists examples of discrimination in both access to jobs (newspaper advertisements) and terms and conditions of employment (a white worker earns 2.5 times more than a black worker, and four times more than a female black worker). The Committee welcomes the fact that references are made to the ILO Committee of Experts' past observations under this Convention. The Committee also takes note of the concluding observations made by the UN Human Rights Committee after examining Brazil's implementation of the International Covenant on Civil and Political Rights in which it "expresses its concern over the situation of women who, despite some improvements, continue to be the subject of de jure and de facto discrimination, including discrimination in access to the labour market"(UN document CCPR/C/79/Add.66 of 24 July 1996, paragraph 13). The Committee trusts that the Government's political will to improve the situation of women and the black population will be strengthened by the above-mentioned efforts to eliminate race and sex discrimination in employment and occupation.

6. Enforcement of the national policy on equality in employment. The Committee takes note of the information supplied on the organization and functioning of the National Labour Council. The Council, of tripartite composition, advises the Minister of Labour, inter alia, on the implementation in Brazil of ratified international labour standards, and more particularly on policies for the promotion of employment and vocational training. The Government states that it will inform the Committee of its activities in respect of equality policies and the fight against discrimination. The Committee looks forward to receiving this information in the Government's next report.

7. The Committee would also appreciate receiving the information referred to in its previous observation concerning the training courses for labour inspectors, as well as their role in examining complaints of discrimination in employment on all the grounds listed in Article 1, paragraph 1(a) of the Convention (not only sex discrimination cases).

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