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

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

The Committee notes the observations by the Coalition of Independent Trade Unions of Cuba (CSIC), received on 10 September 2012, and the Government’s response.

Discrimination on the basis of political opinion. The Committee has been referring for a number of years to the need to guarantee protection for individuals in the context of employment and occupation against discrimination on the basis of political opinion and has been asking the Government to provide information on any cases involving individuals detained, prosecuted or accused of other offences who may have claimed to be journalists. In its most recent comments the Committee asked the Government to provide information on the situation and conditions of work of independent journalists, and particularly on the manner in which it is ensured that journalists and all other workers who express political opinions contrary to the Government enjoy protection from discrimination on this basis. The Committee notes the Government’s denial that any citizens have been detained or prosecuted for working as journalists, and states that the persons referred to by the Committee are continuing to destroy the constitutional order and have no employment relationship in journalism in the country and cannot be recognized as journalists. For this reason the Government indicates that it is unable to supply information on the situation and conditions of work of these persons. It also points out that nobody has been penalized for exercising freedom of expression and opinion and that the exercise of a profession does not constitute an offence which can incur criminal penalties. The Committee notes that the Government does not indicate whether the persons referred to in its report have been detained, prosecuted or accused of other offences, nor does it state whether these persons have claimed to be journalists. The Committee recalls that the protection of individuals in the context of employment and occupation against discrimination on the basis of political opinion implies recognition of this protection in relation to activities expressing or demonstrating opposition to the established political principles, even if certain doctrines are aimed at fundamental changes in the institutions of the State (see General Survey on equality in employment and occupation, 1988, paragraph 57, and the General Survey on Fundamental Conventions, 2012, paragraph 805). The Committee therefore requests the Government once again to clarify whether there are persons who have been detained, prosecuted or accused of other offences who have claimed to be journalists and, if so, to indicate the numbers concerned, the charges laid, the current situation as regards any legal proceedings, and how many have been released. The Committee also requests the Government to take the necessary steps to ensure that independent journalists, and all other workers who express political opinions contrary to the Government enjoy protection against discrimination on this basis.

The Committee notes that the observations of the CSIC concern discrimination on the basis of religion and political opinion which affects workers and those seeking admission to universities and technical training institutes in the context of a labour market monopolized by the State by means of government job placement agencies. Such discrimination is effected by means of detailed employment files which are held for life and contain political and religious information on workers and their families. The Committee notes that the Government indicates in this regard that in Cuba the State is not the employer and that pursuant to section 7 of the Labour Code the following entities provide employment: the agencies of the Central State Administration, state bodies and their administrative offices; public enterprises and the entities dependent on political, social and mass organizations; farming cooperatives; and private sector enterprises and businesses with respect to private employees. The Government affirms that no one is being discriminated against on the basis of political opinion and refers to the constitutional and legal provisions establishing fundamental rights, prohibiting discrimination and providing for the right to education. The Government also states that an employee’s employment file is not being used for discriminatory purposes and does not contain information on the political opinion or the religious convictions of the worker and the members of his or her family. The file is used only for purposes of registration and consultation concerning employment, promotion, training and performance evaluation. Referring to the preceding paragraph, the Committee requests the Government to ensure that workers, university students and vocational training students are not being discriminated against on the basis of their political opinion or religion and that no information regarding the political opinion or the religion of the workers is registered in the employment file for purposes of using it against them.

The Committee is raising other points in a request addressed directly to the Government.