Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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

The Committee notes the communication of the Health, Labour and Social Insurance Workers in the State of Rio de Janeiro (SINDSPREV/RJ), dated 24 July 2009, which was forwarded to the Government on 31 August 2009. The Committee considers that this communication does not raise issues which can be examined under the Convention.

Article 2 of the Convention. National equality policy. The Committee notes that, pursuant to Order No. 219 of 7 May 2008, the Commission for Equal Opportunities on the basis of Gender, Race, Ethnic Origin and for Persons with Disabilities and to Combat Discrimination was established under the Ministry of Labour and Employment. The Committee notes that the Equality Commission is entrusted, among other areas, with guiding action to promote equality of opportunity and to combat discrimination in the world of work and for monitoring and evaluating the implementation of such action. The Committee further notes that the Equality Commission is composed of thematic subcommittees responsible for affirmative action in the fields of gender, race and ethnic origin, for persons with disabilities and to combat discrimination. Furthermore, the Committee notes that the themes of gender and race were included as cross-cutting issues in the Government’s multi-year plan (2008–11), which is devoted to “development with social inclusion and high-quality education”. On this basis, the Special Secretariat for Policies for Women and the Special Secretariat for Policies to Promote Racial Equality have been established. The Committee also notes that the Ministry of Labour and Employment has a National Coordinating Unit for the Promotion of Equal Opportunities and the Elimination of Discrimination at Work. The Committee requests the Government to provide information on the action taken by the bodies referred to above and the results achieved, including information on the findings emerging from the evaluation undertaken by the Equality Commission of the implementation of these actions.

With reference to the Territorial/Sectoral Training Plans (PLANTEQs), the Committee notes from the information contained in the Government’s report that 61.40 per cent of the participants in the vocational training courses were women in 2007, and that 62.85 per cent were indigenous or of African descent. In 2008, these rates were 54 and 67.11 per cent, respectively. The Committee also notes that in 2009 the objective is to provide vocational training for 210,190 persons. The Committee requests the Government to continue providing information on the participation rates of women, persons of African descent and indigenous persons in the PLANTEQs and invites it to compile and provide information on the impact of participation in these plans on the access to employment and career progression of the participants. The Committee also asks the Government to provide information on the progress achieved through the “Brazil, Gender and Race” Programme.

Promotion of equality of opportunity and treatment for men and women. The Committee notes that the National Plan for Policies for Women II envisages action in various areas, including access to employment and education, the participation of women in areas in which power is exercised and decisions are taken, and access to land. It notes that, in the context of the system of support action for this Plan, it is envisaged, among other objectives, to give priority to employment placement for women taken in the framework of the National Employment System. The Committee requests the Government to provide information on the measures adopted and the progress achieved in the implementation of the National Plan for Policies for Women II. It also requests information on the results achieved through National Plan I and invites the Government to provide information on the implementation of the Gender
Pro-equity Programme (2009–10). The Committee asks the Government to continue providing information on the effect given in practice to Decree No. 6122/2007, with an indication, in so far as possible, of the number of women workers who are in receipt of the maternity benefits envisaged by this Decree.

Sexual harassment. The Committee notes that the Government’s report refers to action to build the capacities of the regional labour authorities to address sexual harassment. It further notes the preparation of a booklet on the subject intended to raise awareness and facilitate the identification of cases of sexual harassment which occur in the working environment. The Commission also notes that the National Plan for Policies for Women II encompasses action to combat all forms of violence against women. The Committee recalls that, according to a report of the Ministry of Agrarian Development and the National Institute of Colonization and Agrarian Reform, 52 per cent of working women have suffered some kind of sexual harassment. The Committee urges the Government to continue taking all the necessary measures to provide full protection to women against sexual harassment in the working environment and requests it to provide detailed information on the specific measures adopted for this purpose, including the National Plan referred to above, and their impact on the prevention and elimination of sexual harassment. Please also continue to provide information on any complaints made to the competent bodies concerning sexual harassment and their outcome, including under the terms of section 216-A of the Penal Code. Noting that the Bill on equality and the elimination of discrimination contains provisions respecting moral harassment, the Committee refers the Government to its 2002 general observation on sexual harassment, and invites it to ensure that the new Act reflects the elements outlined by the Committee in that observation.

Promotion of equality of opportunity and treatment irrespective of race and colour. The Committee notes the Government’s indication that the situation with regard to racial discrimination in the country continues to be a major problem. The Committee notes that, pursuant to Presidential Decree No. 6872 of 4 June 2009, the National Plan for the Promotion of Racial Equality (PLANAPIR) was approved and a Committee for the supervision of the Plan was established. The Committee notes that the Plan is intended, among other objectives, to: promote equality and combat discrimination in employment and occupation, including in access to employment and occupation; eradicate racism in public and private institutions and strengthen the labour inspection machinery; and promote capacity building for communities of African descent and for indigenous and gypsy communities. It further notes that the Plan referred to above envisages action in the field of education, as well as specific action for Quilombola and indigenous communities. The Committee also notes Act No. 11645 of 10 March 2008, introducing into the national education system the subject “Afro-Brazilian and indigenous history and culture”. The Committee requests the Government to provide information in its next report on the progress achieved through the implementation of the National Plan for the Promotion of Racial Equality, including information on the specific measures envisaged under the Plan for communities of African descent and for indigenous and gypsy communities. Noting that the Government refers in its report to a Bill on equality and the eradication of discrimination, the Committee further requests the Government to provide information on the progress made in the enactment of this Bill. The Committee also reiterates its request for information on the implementation of the National Policy for Sustainable Development for the Poor and for Traditional Communities included in the “Ethnic development and solidarity project for Quilombola communities” and their impact on promoting equality of opportunity and treatment in employment and occupation for the members of these groups.

Article 3(a). Cooperation with the social partners. With reference to its previous request concerning the Tripartite Committee on Equality of Opportunity and Treatment, the Committee notes, among other information, the role played by that institution in the establishment of the PLANSEQ for the Quilombola community and for domestic workers. It also notes the training initiatives for members of trade union councils by the Regional Labour Authority and the trade union movement with a view to promoting the inclusion of the principle of equality of opportunity and treatment in collective agreements. The Committee further notes the “mediation system” developed by the Secretariat for Industrial Relations, which envisages the electronic registration of all collective agreements which, according to the Government, will allow all citizens to have access to these agreements and will facilitate the identification of discriminatory clauses and action for their removal. The Committee requests the Government to provide information on the implementation of the Plan of Action 2009–11 of the Tripartite Committee on Equality of Opportunity and Treatment and its impact in promoting equality of opportunity and treatment in employment and occupation. The Committee also requests the Government to indicate cases in which clauses in collective agreements have been considered discriminatory and have therefore been removed and it once again invites the Government to provide examples of collective agreements which contain clauses explicitly setting out the principle of the Convention.

Article 5. Persons with disabilities. The Committee notes Legislative Decree No. 6215 of 26 September 2007, on the integration of persons with disabilities, which envisages as one focus of government action the extension of the participation of persons with disabilities in the labour market, with emphasis on vocational training. The Committee also notes Decree No. 6715 of 17 September 2008, the objective of which is to extend the provision of specialized education for students with disabilities. It further notes the draft national pilot scheme for the training of persons with disabilities. The Committee requests the Government to provide information on the implementation of the initiatives referred to above and their impact on the participation of persons with disabilities in the labour market, including any statistical information available.

Parts III–V of the report form. Please continue providing information on court decisions relating to the application of the Convention. Please also provide information on violations of the principle of the Convention identified by the labour inspection services, the penalties imposed and the solutions adopted.