Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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

1. Application of legislation on equality. The Committee notes that the information supplied by the Government is of a general nature and does not provide the particulars that were specifically requested. The Committee again asks the Government to supply information on complaints received or contraventions recorded by the labour inspectorate and also complaints made to other bodies such as the Basic Labour Justice Organization, with particular reference to sections 1, 2 and 24 of resolution No. 8/2005 issuing the general regulations on labour relations. The Committee would be grateful if the Government would indicate, for example, the most frequently alleged grounds for discrimination and any measures taken in response to these complaints in order to gain a clearer picture of the effect given to the Convention and the obstacles that may have hindered its implementation. It also asks the Government to supply information on any other measure adopted with a view to promoting application of the sections referred to above.

2. Sexual harassment. In its previous direct request, the Committee asked the Government to supply copies of decisions on complaints submitted under Act No. 176 or Act No. 83 with regard to sexual harassment or sexual discrimination, in order to evaluate the application in practice of these provisions. Noting the statement in the Government’s report that no complaints have been reported with regard to sexual harassment, the Committee reiterates that the absence of complaints does not necessarily indicate the absence of discrimination. The Committee asks the Government to indicate the complaints procedures available to persons affected and what measures exist to prevent and address sexual harassment at work. Please also indicate the measures taken to raise awareness of sexual harassment and of the rights of victims and the complaint procedures available to them.

3. Discrimination on the basis of sex in education. The Committee notes the statistical information supplied by the Government. According to the 2002 census, 86.5 per cent of women completed primary education, 65.3 per cent completed basic secondary education, 36.8 per cent completed pre-university education and 7.7 per cent completed university education. The Committee notes that in the working population in 2006, the educational level of working women exceeded that of men at the middle and higher levels by 12.5 and 7.3 per cent, respectively, and that in 2006 the number of women enrolled in higher education represented 64.7 per cent of the total.

4. Discrimination on the basis of sex in employment. The Committee notes that, according to the Government’s report, in the civilian state sector, women currently constitute 45.6 per cent of the workforce and that this is connected with advances in education and training for women, who represent 66.6 per cent of all technicians and professionals in the country. It also notes that women have made inroads in sectors which were traditionally occupied by men and they hold managerial posts in them, such as the judiciary, where they account for 71 per cent of prosecutions in the country, 60.3 per cent of professional judges and 47 per cent of judges in the Supreme Court. The Committee invites the Government to supply information on the percentages of women in the various groups of the 22 occupational categories and also to indicate the sector of activity. The Committee hopes that with the revision of the instruments for the collection of information by the National Statistical Office, the Government will be in a position to supply this information in its next report.

5. Discrimination on the basis of political opinion. In its previous comments, the Committee requested the Government to indicate the way in which it is ensured that persons are not penalized for working as journalists. The Committee notes that, according to the Government, there is no provision in the current Penal Code which allows the application of criminal penalties for working in journalism, and that full freedom is enjoyed by more than 2,000 Cuban journalists and approximately 200 foreign correspondents working in the country, guaranteeing full plurality of opinion. Noting that the Government’s report does not supply any information on the request made by the Committee to the Government in 2005 to provide information on any cases involving individuals detained, sentenced or accused of other offences who may have claimed to be journalists and how it is ensured that they are not penalized for working as journalists, the Committee repeats its request and asks the Government to supply detailed information in this respect.