Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Article 1(1)(a) of the Convention. Discrimination on the basis of sex. Sexual harassment. In its previous comments the Committee asked the Government to provide information on complaints procedures available to victims of sexual harassment and asked it to adopt specific provisions on sexual harassment in the context of labour legislation. The Committee notes the Government’s statement that existing mechanisms are not limited to criminal proceedings and its reference to the procedure mentioned above for filing complaints with the Office of the Prosecutor-General. The Committee asks the Government to clarify whether both quid pro quo and hostile environment harassment claims can be lodged before the Office of the Prosecutor-General. The Committee also requests the Government to provide information on the number and nature of the complaints examined by the Office of the Prosecutor-General in the context of sexual harassment in employment and occupation and what decisions have been adopted in this respect. Please also indicate the number of cases examined by the judiciary and the complaints received by the labour inspectorate.

Discrimination based on other grounds. The Committee notes the Government’s indication that protection against discrimination is provided for in the Constitution and in national law and that all citizens can have access to all institutions of the State, including the justice system. The Committee observes, however, that the Government has not provided any information on the situation in practice with regard to discrimination in employment and occupation on the basis of grounds other than sex and political opinion, or on existing problems and the steps taken or envisaged to deal with and prevent them. Recalling that discrimination is a universal and constantly changing phenomenon and that responding effectively to the complex realities and different modes in which such discrimination occurs calls for ongoing action, the Committee against requests the Government to provide detailed information on the application of the Convention in practice with regard to the other grounds of discrimination listed in Article 1(1)(a). Please also provide information on any plan, programme or measure taken in this regard.

Article 2. Gender equality. The Committee notes the Government’s indication that the Federation of Cuban Women participates in the Executive through its general secretariat, and this enables it to promote, follow up and evaluate policies and coordinate with institutions of the State. In addition, the Council of State has 12 women members and the National Assembly for People’s Power has 265 women deputies, which, according to the Government, prevents the decisions adopted from being discriminatory. Women are also fully represented in trade unions. The Government indicates that the awareness-raising measures of 2011 were continued and workshops were also conducted to implement the Plan of Action adopted as a follow-up to the Beijing World Conference on Women, communications officers were trained on gender equality in order to be able to disseminate information on their means of action, and publications on various gender-related topics were prepared. As regards resources available to victims of discrimination, the Committee notes the Government’s indication that the Office of the Prosecutor-General is the competent state body to examine complaints and its decisions are binding. Observing, however, that the Government does not refer to awareness-raising measures relating specifically to gender equality in employment and occupation, the Committee requests the Government to provide information in this regard. The Committee also requests the Government to indicate what proportion of complaints examined by the Office of the Prosecutor-General refer to cases of discrimination in employment and occupation, the procedure applicable to such complaints and the decisions adopted in this respect. Please also supply statistical information on the participation of men and women in the labour market, in all sectors and in education at all levels.