Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

Previous comment

Article 1(1)(a) of the Convention. Legislation. Definition and prohibition of direct and indirect discrimination. The Committee notes the Government’s information in its report that article 42 of the 2019 Constitution sets forth that all persons shall be equal before the law, shall receive the same protection and treatment from the authorities and shall enjoy the same rights, freedoms and opportunities, without discrimination of any kind on grounds of sex, gender, sexual orientation, gender identity, age, ethnic origin, skin colour, religious belief, disability, national or regional origin, or any other personal condition or circumstance that implies a distinction detrimental to human dignity. All persons shall have the right to enjoy the same public spaces and service establishments. They shall also receive equal pay for equal work, without discrimination whatsoever. The violation of the principle of equality is prohibited and punishable by law; and that this covers direct and indirect forms of discrimination. The Government also adds that the country is going through a legislative process following the adoption of the Constitution, that the instruments to be assessed include the Labour Code and its regulations, and that the Committee’s comments will therefore be taken into account. The Committee welcomes this initiative and hopes that direct and indirect discrimination in employment and occupation will be explicitly defined and prohibited. The Committee requests the Government to provide information in this respect.

Discrimination based on sex. Sexual harassment. The Committee notes the Government’s indication that the legislative process of the revision of the Labour Code and its regulations will take into account the Committee’s comments in this area. The Government also reports that: (1) during 2018–2022, one complaint was processed for sexual harassment, the facts of which were not corroborated; (2) in 2021, the National Programme for the Advancement of Women was passed, which provides for more in-depth analysis with a gender perspective of issues such as violence and harassment at work; (3) the National Labour Inspection Office is training its inspectors to identify forms of sexual harassment in the workplace; and (4) the Federation of Cuban Women (FMC) together with the Cuban Institute of Radio and Television (ICRT) are carrying out a programme to help women, and the general population, to identify and combat all forms of discrimination, including harassment in the workplace. The Committee takes due note of the initiatives reported by the Government. The Committee requests the Government to take the necessary measures to include in labour legislation a provision that clearly defines and prohibits all forms of sexual harassment in employment and occupation, both quid pro quo and hostile work environment sexual harassment, and requests it to provide information on progress made in this respect. The Committee also requests the Government to: (i) assess the results of the above-mentioned programmes, and of the training for labour inspectors; and (ii) continue to provide information on the number of complaints of sexual harassment in employment and occupation made to the competent authorities, the sanctions imposed and remedies granted.

Discrimination on grounds of political opinion. The Committee notes the Government’s reference to the 2019 Constitution of the Republic, which recognizes freedom of the press (article 55) and the right of all persons to file complaints and requests with the authorities, which are bound to process them and provide appropriate, relevant and substantiated responses within the timelines and according to the procedures established by law (article 61). The Government also reports that between 2018–2022, the public services office, the Public Prosecution bodies and the courts of justice did not receive or process complaints concerning discrimination on political grounds, and that the Labour Inspectorate did not identify any such acts. The Committee notes this information and requests the Government to continue to provide information on cases of discrimination in employment and occupation on grounds of political opinion.

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