Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

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

1. Article 1 of the Convention. Discrimination based on political opinion.  The Committee notes that the Government’s report contains no reply to the communication received from the Sindicato de Profesores de Itajaí y Región, sent to the Government on 15 July 2004. The communication refers to the dismissal of three teachers of journalism at the University of Valle de Itajaí (UNIVALI), allegedly because of their political opinions. Attached to the communication is a complaint filed by the abovementioned union on 3 July 2003 with the Office of the Procurator for Labour of the State of Santa Catarina alleging that the grounds for dismissal were political and ideological rather than economic. According to the complaint, the dismissal of two of the teachers was linked to criticism they had levelled at the university and to their involvement in activities in marginal districts and in alternative and critical programmes, and, in one instance, to positions taken in the 2002 electoral campaign. It is also stated that the teachers were seeking to set up a journalism course in which freedom of thought and expression and involvement with society would be three basic tenets for the training of future journalists, such training being unthinkable unless it allowed the right to question. The Committee requests the Government to inform it of the outcome of the complaints, and to provide information on the machinery in place and the measures adopted or envisaged to prevent the occurrence of discrimination in employment and occupation based on political opinions.

2. Article 2. National policy. The Committee notes with interest that Brazil’s Decent Work Country Programme, launched by the Ministry of Labour, includes effective application of the Convention among its objectives. Please provide information on the measures taken to achieve this objective and their impact.

3. The Committee also notes that in December 2004, the National Congress approved amendment No. 45 to the Constitution under which international human rights treaties approved by three-fifths of the votes cast in both chambers shall rank on a par with the Constitution. It also notes that pursuant to Law No. 10683, on 28 May 2003 a Special Secretariat for Policies for Women and a Special Secretariat for Policies to Promote Racial Equality were created within the Office of the President of the Republic. Act No. 23678 of 23 May 2003 established a Special Secretariat of the Presidency of the Republic for Policies to Promote Racial Equality, and a decree of 23 August 2004 established a tripartite committee under the Ministry of Labour and Employment to serve as an advisory body, with a view to promoting public policy on equal opportunities and treatment and combating all forms of discrimination based on sex and race in employment and occupation. Furthermore, the Committee notes with interest that Decree No. 5390 of 8 March 2005 approved the National Plan for Policies for Women (PNPM). The Committee requests the Government to provide information on the practical effect given to the legislation and the bodies established pursuant thereto, and their impact.

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