Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

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

1. Access to higher education and to employment and occupations. The Committee notes the detailed information supplied by the Government on the objectives, fundamental principles and structure of the educational system in Cuba. The Government indicates in its report that the national education system in Cuba guarantees the opportunity to pursue studies from elementary education through higher education, regardless of, inter alia, sex, race, social status and place of residence. In this context, the Committee also notes information provided by the Government to the United Nations Committee for the Elimination of Racial Discrimination on the government policy for the advancement of blacks and women, which was approved in 1997 by the Fifth Congress of the Cuban Communist Party (see CERD/C/SR.1291, paras. 3-5, 53rd session, October 1998). The Committee notes the Government representative's statement that there are new and updated statistics on the participation of women and blacks in the economic and social life of Cuba. The Committee would be grateful if the Government would supply information, including statistics, on the distribution of women, blacks and other ethnic groups in higher education in Cuba, as well as in the different occupations and at the various levels of the public and private sectors.

2. The Committee notes the information supplied by the Government concerning the communication made by the World Confederation of Labour (see the observation), and notes that section 3, paragraph (b) of the Labour Code, Act No. 49 of 28 December 1984, reads as follows: "(b) every citizen capable of working, regardless of ... political opinion ... has the right to obtain employment which permits him to contribute to society and satisfy his needs". However, the Committee also notes that section 53(b) of the Code permits an enterprise's management to terminate a worker's employment contract due to: "(b) the worker's lack of suitability for carrying out the occupation or assigned task, in the case of the non-performance of conditions specifically established in the contract" (see also section 77(b) of Resolution No. 51 of 12 December 1988, Regulation for the implementation of the employment policy). The Committee requests the Government to supply information in its next report on the manner in which section 53(b) of the Labour Code and section 77(b) of Resolution No. 51 of 1988 are applied in practice.