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

Individual Case (CAS) - Discussion: 2000, Publication: 88th ILC session (2000)

A Government representative thanked the Committee for the opportunity to apprise it of the efforts her Government had made in the battle against all forms of discrimination in employment and occupation. In 1995, she recalled, the Government acknowledged the existence of discrimination and requested technical assistance from the ILO to apply more fully the various provisions of the Convention through legislation and in practice. The national tripartite seminar it organized at the time was a landmark in the struggle against discrimination in Brazil. Significant steps were taken, successfully, to involve employers' and workers' organizations in a study of the issues with remedial action in view. By way of follow-up in 1997 a national campaign entitled " Brazil, gender and race" was launched with ILO assistance. From the outset, the campaign gave widespread publicity with tripartite support to the principles embodied in the Convention. To show how widely information on the Convention had been disseminated the Government representative pointed out that at a recent mass demonstration by peasants under the banner "The land of Brazil cries out" one of the peasants' demands was the application of Convention No. 111. News of the Convention had been spreading widely and was already reaching rural areas. The Government representative acknowledged that there was still an untold number of problems associated with discrimination and that the problem, which was among the worst violations of human rights, could not easily be resolved. One problem was that many cases turned on individual allegations involving a single worker and employer, and these proved difficult to substantiate. The solution might lie in heightened awareness-raising activities. The Government representative referred to practical action undertaken as a consequence of efforts to promote the Convention. This included the establishment since 1998 of specialized anti-discrimination centres in various state labour delegations, which represent the federal Ministry of Labour in each of the 27 States in the Federation. To date, such centres had been set up in 15 of the 27 state delegations, and each State was soon to have a centre of its own. Each of the centres was competent to receive complaints alleging discrimination on grounds of race, sex, physical deficiencies, sexual preference and health. When a complaint came in, officials of the centre conducted an investigation into the facts, studied the case and tried to work out a solution; when no solution was possible the case was sent on to the Attorney-General for appropriate judicial action. From January to March 2000 the centres received 80 complaints alleging discrimination, most of which ended in a settlement. The complaints concerned discrimination on grounds of gender (42 per cent), service-incurred injury or illness (29 per cent), health (12 per cent), age (5 per cent), disability (4 per cent), race or colour (1 per cent), and other factors (3 per cent). It was important to note that black women as a group were more exposed to discrimination than any other. There had also been 522 complaints against discrimination in the workplace affecting HIV-infected workers and AIDS victims, of which 513 had been resolved.

The Government representative also referred to the establishment of a database registering cases of discrimination and potential solutions, but the project had encountered certain obstacles, for which efforts were under way to overcome. He provided further information on practical steps and information activities undertaken, among them the training of 6,000 teacher-trainers on matters of discrimination and the holding of various seminars including several attended by ILO experts. The Government of Brazil had every intention of continuing to provide information for the supervisory bodies and of benefiting from ILO technical cooperation until such time as the last remaining vestige of discrimination in Brazil could be eliminated.

The Worker members stated that the problem of discrimination in Brazil had been the subject of discussion in this Committee in 1993, 1994 and 1995. Various points had been debated: discrimination in employment, including wage discrimination relating to sex or race; the obligation for women to produce a certificate of sterilization prior to employment; and the lack of national policy concerning equality of treatment. In its most recent observation, the Committee of Experts noted with interest the numerous initiatives undertaken by the Government, both in terms of legislation and practice. Moreover, the Government representative had provided additional information on this subject. The Committee of Experts, however, noted in its most recent observation that the information provided in the report concerning the situation of employment was not sufficiently detailed and did not enable it to evaluate the progress made in the implementation of the Convention. Concerning discrimination on the basis of race, colour or ethnic origin, the Committee of Experts had noted reports concerning the persistence of profound structural inequalities endured by the indigenous population, the black and mixed-race communities despite the measures taken by the Government. Concerning discrimination based on sex, the reports of the United Nations Human Rights Commission indicated that women continued to face de jure and de facto discrimination, particularly concerning access to the labour market. The Committee noted with interest Law No. 97/99 which prohibited the publication of discriminatory employment advertisements as well as the termination or refusal to hire, promote or train people based on sex, age, race or family status. Information on the implementation of this law, including the measures envisaged to set up policies on equality of opportunity and treatment are necessary. Likewise, further information was requested concerning the effective implementation of laws prohibiting employers requiring certificates of sterilization or any other legislation adopted to fight against discrimination. Evaluation of the implementation of Conventions concerning discrimination was only possible if the information provided by the Government was reliable and sufficiently detailed.

The Worker members remain very concerned by the persistence of discrimination of which indigenous people, blacks and persons of mixed race are victims; the position of women in the labour market; discrimination in the fields of education, guidance and professional training; and access to the labour market of underprivileged young people, as well as children known as "street children". In conclusion, the Government must continue to deploy all efforts to assure the effective implementation of the Convention, in terms of legislation and practice, and to formalize anti-discriminatory policies. In addition, the Government must provide reports which are sufficiently detailed and of such quality as to enable efficient examination of the implementation of the Convention.

The Employer members indicated that the Committee discussed this case three years in succession in the 1990s -- 1993, 1994 and 1995. This case had previously had three serious elements: employment discrimination based on race and sex including salary discrimination; the absence of any national policy on equal opportunity; and the fact that the employer was allowed to require female applicants to obtain sterilization certificates. In 1995, there was a breakthrough in that the Government agreed to the establishment of a Technical Advisory Committee and enacted Act No. 9029 that prohibited employers from requiring a medical sterilization certificate from women. In 1996, the Government launched a national programme for human rights that broadly provided for equality for women, blacks, the disabled and indigenous people. In 1997, the Committee of Experts noted the progress being made in both law and practice. In 1999, Brazil adopted Law No. 97/99 which amended the Consolidated Labour Act to include prohibitions of discrimination on the basis of sex, age, colour and family status. This year the Committee of Experts had noted other positive actions taken by the Government including public awareness programmes. But on an overall basis, the Employer members considered that this Committee did not have a clear picture of the effects of all of these measures. Moreover, the Committee of Experts had noted that certain indigenous communities continue to suffer from deep structural inequalities. The Employer members were also surprised by the fact that only 80 complaints had been filed within a three-month period, alleging discriminatory practices. In light of the size of the labour force, the Employer members considered this number of cases to be extremely low. This Committee therefore needed information that non-discriminatory practices were taking hold. Hence the Government needed to provide promptly a report as requested by the Committee of Experts, assessing whether there had been concrete progress and the statistical data requested by the Committee of Experts under point 9 of its report.

The Worker member of Brazil indicated that the application of Convention No. 111 had been the subject of comments since 1991 by the Committee of Experts and was taken up by the Conference Committee in 1993, 1994 and 1995. The case had come up for discussion once again because of continuing breaches of the Convention. Discrimination in employment and occupation in Brazil left no room for doubt. In 1993 the Government representative himself acknowledged the existence of discriminatory practices going all the way back to the colonial period. Since then, a number of laws designed to combat discrimination had been enacted. Despite progress in legislation, however, discriminatory practices against women, blacks, Indians and sexual minorities had, sadly, remained commonplace. Women, for example, were still being asked to submit evidence of sterilization before recruitment and were even subjected to medical examinations.

Statistical data from official bodies were worth mentioning. In six of Brazil's richest metropolitan areas women's average earnings amounted to only 67 per cent of men's. The wages of blacks were 60 per cent of what non-black men and women received. Women were more exposed to social exclusion than men; 32.2 per cent of economically active workers without the benefit of a contract of employment were women whereas the proportion of working men without contracts was 24.9 per cent. Similarly the unemployment rate in major urban centres was 8 per cent for women as opposed to 6.9 per cent for men. The black population was much harder hit by unemployment: although it represented 41.7 per cent of the economically active population according to one study carried out in five urban areas, 50 per cent of unemployed workers were black. The perverse affects of discrimination based on sex and race were evident in respect of unskilled employment: 19 per cent of working women (some 5 million women) laboured in domestic employment for a paltry wage. In domestic employment there was evidence of double discrimination since 56 per cent of domestic women workers were black. They had scant education, one to three years' schooling, and their monthly pay came to a mere US$41. Blacks in the active population held positions requiring the lowest skills levels and seldom rose to management positions in either the private or public sectors.

The Committee of Experts regularly requested the Government to supply information on the practical effects of newly adopted legislation in keeping with the obligation laid down in Article 3(f) of the Convention on the reporting of "results secured". The reason why the results secured by official policies and legislative measures were so meagre was that despite the magnitude of the problem the Government's policy measures were purely "cosmetic". The holding of national seminars attended by 100 participants or the distribution of explanatory leaflets seemed derisory for a population of some 160 million. However necessary, such action could only be inadequate. The effective application of the Convention called for active policies targeting the integration of blacks, women, Indians and sexual minorities by such means, for example, as establishing quotas in the public service or subordinating public aid for private enterprises to compliance with anti-discrimination rules. Whereas state-controlled enterprises should be setting an example, the first case of discrimination on which the Supreme Labour Court had ruled concerned a publicly owned enterprise. Employers should also be encouraged by the Government to follow an active non-discrimination policy, notably through the system of vocational training which they ran. The system should finance vocational training designed to integrate those who had been excluded on grounds of race or sex.

As to the question raised by the Committee of Experts concerning the paucity of complaints alleging discrimination despite an impressive anti-discriminatory legislative arsenal, the Worker member pointed out that Brazil's labour legislation was one of the most flexible in the world and allowed employers to dismiss workers without giving any reasons. Dismissed workers were left to ask the courts for awards of moral and material damages, which proved difficult to substantiate.

In conclusion, Brazil, it was plain, had still failed to apply Convention No. 111, particularly Article 3(f). The Conference Committee should therefore request the Government to communicate detailed and specific information on the practical results of the action it had undertaken.

The Employer member of Brazil underlined the positive steps taken by the Government to ensure and promote the application of the principles embodied in the Convention. She said that the Government had done an excellent job of disseminating information and raising the public's level of awareness with a view to eliminating discriminatory practices in employment and occupation. She dwelled on the Government's achievements in terms of legislation enacted and the organization of various nationwide events. Her Confederation, she observed, had taken part in numerous events organized by the Government to promote and effectively apply the principles in the Convention.

The Worker member of the United States noted that Brazil and the United States were remarkably similar in that both nations were highly diverse and multicultural, both nations had emerged from systems of colonialism and slavery, and that both had been shaped by peoples of African, indigenous, Asian and European origins. Despite these similar origins, there were also significant differences. For example, Brazil in its post-slavery period had never maintained a regime of state-sponsored and state-enforced segregation and discrimination which had existed in some parts of the United States. Nevertheless, he recalled that both the report of the Committee of Experts and the admission by the Brazilian President Fernando Henrique Cardoso in 1994 that the notion of Brazilian racial democracy was really a myth, suggested that discrimination in employment remained a major problem in Brazil and called into question Brazil's effective compliance with Convention No. 111.

He noted that the report of the Committee of Experts referred to certain measures which the Brazilian Government had taken to address the discrimination crisis. However, the experts explicitly acknowledged the failure of the Brazilian Government to provide them with concrete information showing what substantial impact these measures had actually produced on employment discrimination, thus falling short of the requirements of Article 3(f) of the Convention.

Despite this lack of information, a more complete analysis of Brazilian employment discrimination could be constructed from other sources. He recalled a 1999 study prepared by Brazil's Inter-Union Department of Social Economic Studies (DIEESE) and the Inter-American Trade Union Institute on Racial Equality (INSPIR) which was funded by the AFL-CIO and three Brazilian trade union centres. The study concluded that black workers, on average, earned only 60 per cent of the income of their non-black counterparts, that black workers were disproportionately over-represented in the unskilled job sector, and that black workers were disproportionately under-represented in managerial positions and over-represented in the unprotected informal sector. The DIEESE/INSPIR study concluded that "no other factor, other than direct use of discriminatory criteria based on skin colour, can explain the systematically unfavourable employment situation for black workers ...". He also recalled the study prepared by the Brazilian Institute of Geography and Statistics which concluded that Brazilian women, on average, earned only 67 per cent of the income earned by their male counterparts.

Given the above, he suggested that the Government promote a policy of encouraging anti-discrimination clauses in collective agreements by urging employers, trade unions, and the labour court system to incorporate such measures in the collective bargaining process and in the registration of collective agreements. Furthermore, the Brazilian Congress and courts, pursuant to the 1988 Constitution, should develop the necessary mechanisms in law and equity, including affirmative action, to begin to remedy systematic discrimination. Finally, the Brazilian Government should endeavour to harmonize its legislation to avoid contradictions. For example, he pointed out, Brazil's 1998 law which established the fixed-term and temporary contract system undermined job stability for women who exercised their maternity leave rights, thus aggravating the disparate treatment between women and men in the labour market. Recalling Brazilian subterfuges which had been used to hide slavery from the English in the nineteenth century, he urged the Brazilian Government to root out discrimination, as opposed to merely covering and camouflaging it.

Another Employer member of Brazil spoke of various government-organized seminars, meetings and forums on the topic in which he had taken part. These events were characteristically tripartite and seldom gave rise to criticism. As to the system of ongoing training, which the employers managed, it was to be noted that workers' representatives also sat on the governing bodies of the various training institutions. The Government's productive and continuing efforts to combat discrimination were worth emphasizing.

The Worker member of Singapore expressed her grave concern that discrimination continued against women and persons of different races, colours and ethnic origin in Brazil. She noted that there appeared to be legislation prohibiting discrimination and that a human rights programme had been established to promote equality. She also noted the establishment of centres for the prevention of discrimination at the state level, which involved representatives of the Government, trade unions, and minority and women's groups. However, she stated that there was insufficient information on these activities and the number of complaints and successful prosecutions that had been registered to know whether such legislation and programmes were effective. She further noted that the cause of discrimination against women and ethnic minorities was usually much deeper and embedded in the values and norms of a society. She therefore urged the Government to send a strong signal to the public through clear policies and effective programmes aimed at eliminating discrimination. She recalled that Convention No. 111 was one of the core Conventions and that its objective was to protect the interests of vulnerable groups who, without strong intervention from the governments, would seriously suffer from discrimination in employment and training.

In conclusion, she urged the Government to provide further information on the treatment of complaints and cases regarding discrimination, on the number of successful prosecutions under current legislation, and what measures had been taken to inform workers, employers, women, and ethnic and racial minorities of government efforts to combat discrimination. She recalled that it had taken the Government seven years to introduce the measures discussed today, and she hoped that it would not take another seven years to be informed of further progress.

The Government representative underlined, in response to several comments of the Employer members in relation to the low number of complaints regarding discrimination, that the statistics she had provided referred exclusively to complaints presented to the 15 centres specialized in combating discrimination in the three-month period between January and March 2000. She indicated that she had at her disposition a detailed report with statistics but that she wished to add further information. She stated that the next report would include this information and that it would add statistics which would respond to the questions which had been raised during the discussion. She recognized that there was still much to be done and that the Government was still learning to make progress in the field of human rights.

The Worker members stated that the information before the Committee confirmed the persistence of significant levels of discrimination in practice. The absence of instruments of evaluation to permit the drafting of detailed reports of good quality was a big handicap when it came to measuring the impact and concrete effects of the Government's various programmes and policies. If, as the Government indicated, such data existed then it should take the necessary steps to produce it in its next report for the Committee of Experts to evaluate progress made in applying the Convention.

The Committee thanked the Government for the detailed oral information it provided, and noted with interest the discussion which followed. It recalled the serious violations of the Convention that had previously been noted by the Committee of Experts and this Committee, and the progress in tackling these problems, with the assistance of the Office, that had been noted by the Committee of Experts. It also noted with interest the numerous programmes and activities that had been undertaken by the Government to promote human rights in the country, in particular equality on the grounds set out in the Convention, while noting that a number of problems still exist in practice. The Committee requested the Government to provide detailed information on the concrete and tangible results achieved through this action, including reports, studies and statistical data and other indicators, particularly with regard to any changes in the economic participation rates of women as well as different racial or ethnic minority groups and indigenous peoples. It encouraged the Government to assess the progress made, and to provide detailed information in its next report to the Committee of Experts in this regard.

Individual Case (CAS) - Discussion: 1995, Publication: 82nd ILC session (1995)

The Government supplied the following information:

The Government has the pleasure of informing the Committee that Bill No. 229/91, mentioned in point 2 of the 1995 Observation on Convention No. 111, Report III (Part 4A) of the Committee of Experts on the Application of Conventions and Recommendations, has become Act No. 9029 of 13 April 1995, already in force in the country. This shows the Government's genuine concern for the adoption of anti-discrimination policies.

In addition, the Government is seeking an understanding with the social partners so as to develop joint action which would allow the broadening of the real fight against discrimination. In this context, the Government is repeating its request for the ILO's technical cooperation for the development of an effective policy of concrete action, with the objective of better implementing the provisions of this Convention. Discussions for this purpose are currently underway with the workers' and employers' organizations.

As outlined in the meeting held on 12 June between members of the Brazilian delegation to the Conference and officials of the Department of International Labour Standards, the technical mission of the ILO would, as one of its main purposes, cooperate with the Brazilian Government in holding a tripartite seminar in Brazil on the subject. In principle, the activities of the technical mission and the holding of the seminar would be developed between September 1995 and May 1996.

In addition, a Government representative confirmed the commitment of his Government to the rule of equality, a paramount principle of the Constitution of Brazil and its national law. In addition to having ratified the Convention, Brazil was also a party to other important international instruments regarding discrimination, such as the Convention on the Elimination of Racial Discrimination and the Convention on the Elimination of Discrimination against Women. With regard to discrimination based on sex, Bill No. 229/91 was approved, and became law under Act No. 9029 of 13 April 1995 and was presently being enforced. This law forbade discrimination based on gender as well as any other discriminatory practices or restrictions to job access or to maintenance of employment based on grounds such as race, colour, civil status, family situation or age. A copy of this law had been sent to the Office in May of this year. Employers or their representatives and public employees responsible for any discriminatory practice as defined under the Act were subject to one to two years' imprisonment, or fines and prohibition from borrowing from official financial institutions. Among other measures to strengthen the enforcement mechanism of this Act, the Ministry of Labour had consulted representatives of trade union federations to discuss improvement of supervisory mechanisms such as complaint procedures in order to more effectively enforce its provisions. In addition, enforcement of labour standards in this and other fields had been strengthened by the hiring last year by public examination of more than 600 additional labour inspectors who were now in the process of being trained. The Government was in the process of shaping more effective national policy on job equality, and intended to use programmes to be developed with the assistance of ILO technical cooperation. An official request to this effect had been forwarded to the Office, as indicated in the written documents furnished by the Government. These technical cooperation activities were expected to begin in September 1995 as agreed in a recent meeting between the Brazilian delegation to the Conference and the Office.

The Workers' members noted that this case had been considered in 1993 and 1994, but that since then the Government had provided further information and indicated that they had made arrangements to obtain ILO technical cooperation. The matter of employers requiring sterilization certificates or gynaecological examination of women as a condition of employment had concerned the Committee of Experts and affronted some members of this Committee. They welcomed Act No. 9029 of 13 April 1995, which prohibited such discrimination, but expressed the hope that the Government would keep the Committee of Experts informed on how the Act was being implemented, what penalties would be imposed, and on any prosecutions that took place, in order for the Committee to be assured that a practice committed in the past had been eliminated. They were pleased that additional labour inspectors had been hired despite the cost of doing so because these were absolutely essential for an entire range of aspects that concerned this Committee, and in particular the question of discrimination. Although discrimination must first be addressed with legislation, changes would require not only the application of legislation but also a change of cultural attitude, and measures against discrimination. The Government could set the tone not only with laws but also by emphasizing and giving priority to the elimination of discrimination, which would indicate that such measures were central to the attitude of the Government. Trade unions and employers' organizations could encourage the Government to take the necessary measures, and influence the public and their members through publications and discussions by also attaching priority to the problems of discrimination. In their view, by accepting ILO technical assistance, the Government indicated that it understood that anti-discriminatory measures were necessary. The independent and highly skilled advice and experience of the Office regarding this particular area of discrimination would be of immense value to a government genuinely seeking help. Rather than accepting such assistance merely to avoid criticisms in this Committee, there must be a genuine will to accept and act upon the assistance given. Seminars were useful, but the most valuable assistance would be to help the Government to establish a legal framework where discrimination could no longer apply. They looked forward to further reports of the Government following the technical assistance mission as well as discussions in this Committee that would hopefully lead to a resolution of this problem.

The Employers' members considered that this was a case of progress, an altogether too infrequent occurrence in this Committee. They noted that the Government now understood that it must effectively implement this law, and they applauded the Government's request for ILO technical assistance, and in particular the fact that the mission would have a broader scope than only legislative matters. They urged that the Government enact the legislation concerning non-discrimination with regard to access to vocational training, and asked for an indication of when this might occur. They also said that the Government should submit a report to the ILO responding to the requests of the Experts for information concerning the role of work organizations, measures prohibiting discrimination based on colour, and the work of the National Labour Council (CNTB) in this area. They suggested that the conclusions state that as an urgent matter the Government must effectively implement its non-discrimination legislation in practice, but that the Committee should note with satisfaction the positive legislative development, particularly with respect to sterilization certificates, and the Government's willingness to accept technical assistance provided by the ILO.

The Workers' member of Brazil recalled that for a long time there had been serious and violent discrimination with respect to women and blacks in various parts of the country. In addition, blacks were not accepted in the labour market, and when they did obtain employment they received a lower salary even if they performed the same work as whites. Pursuant to policies established by the Government, the black population remained the primary victims of unemployment, and suffered from a high rate of illiteracy because of discrimination against black children in schools. There was also discrimination by the public security forces against blacks who endured charges and imprisonment based on their race. He stated that black women suffered from discrimination both as women and as blacks. In spite of the existence of legislative provisions to curb the practice of racial and sexual discrimination, such as Bill No. 229/91 adopted as Act No. 9029 dated 13 April 1995, discrimination in his country was hidden and subtle and its perpetrators generally were not aware that they were engaging in it. Nevertheless, he said that the above law was an important and positive step in the struggle against discrimination and that it should, at the same time, be accompanied by a great effort to make Brazilian society conscious of this problem, in particular workers and employers, and by severe penalties for contraventions. From this point of view, the search for a consensus between the Government, employers and those engaging in the struggle against all forms of discrimination proved to be very difficult. In this respect, the offer by the Office of technical assistance was welcomed. Preparation of seminars to promote the implementation of the Convention and of national legislation had already begun in his country. He concluded by expressing the hope that between now and the next session of the Committee progress would be made that would permit a better evaluation of discrimination based on race or on sex in his country.

The Government representative pointed out that the request by his country for technical cooperation had been made last year, and then had recently been repeated. This ILO technical cooperation was for the overall enforcement of the Convention, rather than for the verification of enforcement mechanisms under the Act, as it would be premature to verify the enforcement mechanisms of the new Act because at this time no complaints had been submitted. With regard to racial discrimination, he noted that his country had already adopted laws against racial discrimination in 1953, followed by a reinforcement of this legislation in 1989. He stressed that the legal framework to prohibit racial discrimination was in place and the relevant laws were being enforced in his country.

The Committee noted with satisfaction the enactment of Act No. 9029/95. It also urged that measures against discrimination should continue to be central to the attitude of the Government and priority should be attached to the same. The Committee further hoped that the ILO technical mission for which arrangements had already been made would be the basis for the development of a positive plan for actual implementation of the laws. It further asked the Government to keep the Committee of Experts informed on arrangements for implementation and on guarantees against discrimination.

Individual Case (CAS) - Discussion: 1994, Publication: 81st ILC session (1994)

A Government representative referred to the 1993 report of the Conference Committee, in which it was stated that the Government representative of Brazil "recognized the existence in his country of discrimination in employment, whose origins stemmed from the colonial period". With regard to the allegations to the effect that employers were demanding the sterilization of women workers, the "Government recognized the existence of a problem, but pointed out that to its knowledge no complaint about this had been reported. He recalled that Bills Nos. 229/91 and 667/91 prohibited that proof of sterilization be required." (Provisional Record, No. 25, 1993, page 25/52). Because these statements were general in nature and imprecise, they led the Committee of Experts to suppose that discrimination in employment on the basis of sex or race was of a degree and gravity that was not in reality the case. The Committee of Experts also deduced that numerous employers required certificates attesting to the sterilization of women who sought employment or who wished to preserve their jobs. However, the legal picture and the actual facts of the situation in his country were not as represented. In Brazil the principle of non-discrimination had constitutional status. In the Part concerning fundamental rights and safeguards, Article 5 provides that "Everyone is equal before the law, without distinction of any kind ..."; and in subsection I, it stated that "men and women are equal in rights and obligations, under the provision of this Constitution". With regard to social rights, Article 7 of the Magna Carta established the following: "XXX - Prohibition against differences in wages based on functions and criteria relating to sex, colour or civil status"; and, in subsection XX, it determined that the law should establish special incentives to promote the inclusion of women in the labour market. Within the framework of ordinary legislation, Act No. 7,716, of 5 January 1989, provided for a sentence of two to five years' imprisonment for those who impeded, denied or obstructed employment directly or indirectly in the Public Administration or in private enterprises on the basis of race or colour (sections 3 and 4). The Labour Laws Consolidation (CLT) did not permit restrictions in employment for women based on marriage or pregnancy, which would also obviously render illegal the requirement of certificates attesting to sterilization in order to obtain or preserve employment. Section 391 of the CLT provided: "The marriage or pregnancy of a woman does not constitute a just cause for the termination of the employment contract. No regulation of any kind shall be permitted in collective agreements or individual employment contracts that restrict the right of women to employment on the basis of marriage or pregnancy." In addition, in order to eliminate some causes of discrimination against employment of women, Act No. 6,136 of 1974 transferred to Social Security the obligation to pay the whole salary owed to women during maternity leave - a protection which the 1988 Constitution extended to 120 days (Article 7, XVIII) and prohibited the arbitrary dismissal or dismissal without cause of pregnant employees, from the date of confirmation of pregnancy until five months after delivery (section 10 of the Act on Transitional Constitutional Provisions). Also within the field of infra-constitutional legislation, it should be pointed out that Act No. 7,855 of 1989, whose objective was to eliminate other causes of discrimination, repealed sections 374, 375, 378, 379, 380 and 387 of the CLT concerning special conditions and duration of employment for women. And more could not be done to avoid any infringement of Convention No. 89. Meanwhile, the federal Government had already submitted to the National Congress Convention No. 171 which eliminated certain restrictions on the employment of women contained in Convention No. 89. In addition, the President of the Republic proposed to the National Congress in Speech No. 345 of 22 June 1993, the withdrawal of reservations made by the Brazilian Government with regard to the United Nations Convention on the Elimination of All Forms of Discrimination against Women, ratified by Brazil on 31 March 1983. This proposal received a favourable opinion from the Congressional Committee and should soon be submitted for final vote in the Plenary. Brazil had maintained for some time a coherent policy regarding discrimination on the basis of race or sex. In addition to the constitutional and other legislative provisions cited, he pointed to the ratification by Brazil of the Convention on the Political Rights of Women (UN - 1953) and the Convention on the Elimination of Racial Discrimination (UN - 1966).

With regard to concrete measures for the effective application of constitutional international and ordinary legislation, it was appropriate to emphasize the creation in 1985 of the National Council on the Rights of Women which had been demanded by women's associations, which had broad responsibilities in connection with the Legislative, Executive and Judicial Branches. Already in 1983 some state and municipal councils had been established to act in their respective geographical areas. In 1989, the National Forum of Council Presidents was established, and since then centres providing legal advice to women, police stations specialized in dealing with offences against women, shelters for needy women and courses on the rights of women had multiplied. Another practical and important measure was the adoption of the Comprehensive Women's Health Programme formerly established in 1986 as a part of the National Social Security Institute, which had since been incorporated into the Ministry of Health. He also highlighted the creation by the current federal Government of the National Committee for the Participation of Brazil in the Fourth World Conference on Women, through the Decree of 8 December 1993. This Committee, chaired by the Ministry for Foreign Affairs, was comprised of the National Council for the Rights of Women, various Ministries, the Attorney-General of the Republic and by the Presidents of State Councils on the Rights of Women. In addition to these bodies, because of legal questions connected to the condition of women in Brazilian society, a representative of the Judicial Branch appointed by the President of the Federal Supreme Court was also included on the National Committee. At the state level, in order to combat discrimination against women, the Government of the State of Sao Paulo, through the State Council on Women, inspired by the UN Convention, established in 1992 the Sao Paulo Convention on the Elimination of All Forms of Discrimination Against Women, which established specific objectives for state and municipal action in each of the social areas (health, education, child care, employment and prevention of violence). With reference to other measures, he said that the National Bank for Economic and Social Development (BNDES), which is linked to the Ministry of Planning, had accepted a request from the National Council on the Rights of Women (CNDN) that loans be denied to enterprises that did not comply with the law on the installation or operation of nurseries. In some States women's associations worked together with the appropriate regional units of the Ministry of Labour in investigating reports of complaints regarding the employment of women. Jobs for women in police forces were rapidly increasing in many States through the creation of such positions by their respective Governments. Bill No. 229/91, referred to in the report of the Committee of Experts, was designed to make explicit that which was already implicit in the existing legal system. It prohibited employers from requiring certificates of sterility or examinations to determine whether female candidates for employment were pregnant. This Bill was already approved by the Committee on Public Service and Administration and by the Committee on the Constitution and on Justice of the Chamber of Deputies, and was now in the final stage of adoption by the National Congress. Many Bills, including those of interest to workers, had been rather slow in completing procedures in the National Congress, but it was necessary to consider that in the past two years the Legislative Branch had given full priority to the Parliamentary Investigations that resulted in the impeachment of the former President of the Republic and the loss of mandate by a number of Members of Parliament. Nevertheless, the discussion of constitutional reform was a great example for the world of the dynamic democracy that existed in Brazil. Evidently, all of these events delayed the adoption of Bills submitted to Congress.

With regard to wage inequalities, he drew a distinction between two situations: (a) inequality of wages for work of equal value, which was not legally permitted; (b) different wage levels resulting from difficulties encountered by women and Black persons in obtaining promotions and, hence, higher wages. With respect to the second case the matter was related above all to occupational training. The truth of this was evident in that Blacks and women who completed higher level or technical education were prominent in Parliament, in the judiciary, in the teaching profession and in other respected activities and also held positions of responsibility in the public administration and private enterprises. In federal departments where women, Blacks and persons of mixed race had reached a high level of cultural training, inequalities in salary were becoming less marked, although the situation remained unsatisfactory in rural areas. However, while in this macro-dimension there were wage inequalities, he emphasized that this problem did not only occur in Brazil. The ILO itself had compiled statistics and carried out studies on this subject and reached the conclusion that "the higher the employment level, the bigger the gap between men and women" (Labour, No. 2, 1993). Official technical schools and occupational training courses of SENAI, SENAC, SENAT and SENAR were open to men and women without distinction as to race or colour, and in order to implement article 7, XX of the Constitution, Bills Nos. 45/91 and 52/91, establishing the Fund for the Occupational Training of Women under the Minister of Labour, which will be administered by a Council with joint representation by the Public Branch and Women's Associations, were submitted to the Chamber of Deputies. With regard to the assumption that there should be equal wages for work of equal value, the CLT said: "Section 461. Where the duties performed are identical, equal wages shall be paid, irrespective of sex, nationality or age, for all work of equal value, performed for the same employer in the same locality." In Brazil observance of the rights of workers was enforced by tribunals which comprised the System of Labour Justice on the basis of complaints presented by the person in question or the trade union representing that person. This system of labour courts was part of the Judicial Branch, staffed by judges appointed for life and by representatives of employers and workers, and thus constituted tripartism within the System of Labour Justice. A few statistics were sufficient to demonstrate the scope of this system in Brazil: there were 1,094 boards of conciliation and decision making, 25 regional labour tribunals, and a Superior Labour Tribunal. These judicial bodies received 1,799,972 complaints in 1992 and 913,109 complaints in the first six months of 1993. Many of these complaints called for a judgment with regard to a matter concerning equal pay for work of equal value. It was clear that in Brazil there existed a national policy characterised by imperative legal standards and practical measures against discrimination on the basis of race or sex. This policy involved not only public institutions but also a number of private entities. The Brazilian continent, where developed regions existed side by side with developing regions and underdeveloped regions had an economically active population of 64 million, with more than 40 million workers in formal or informal employment. Of these, 35.4 per cent were women. Today, 40 per cent of the female population was economically active. This was one of the highest levels in South America. The growth in participation of women in employment between 1970 and 1990 was 180 per cent, a substantial figure, while the growth rate for men was 71 per cent. For this reason, the rare cases of discrimination must be considered in the context of these numbers. With regard to trade unionism, 25.6 per cent of the members of trade unions were women.

He clarified that in relation to the national policy mentioned above, the Brazilian Congress had established a Parliamentary Inquiry Committee made up of 30 members. Three senators and ten deputies on this Committee were women and it was chaired by a deputy from the Workers' Party, Ms. Benedita da Silva. In its second report of 1993, the above Parliamentary Committee proposed to the federal Government a coherent national policy with regard to this matter, and made concrete suggestions to various Ministries, the Federal Public Ministry and the Federal Medical Council. With respect to the Ministry of Labour, it notified the Parliamentary Committee of the creation of the Secretariat of Safety and Health in the Workplace (SST), a permanent programme for mobilization in the defence of the health and the rights of women workers. The Parliamentary Committee concluded that the sterilization of women occurred above all in relation to the activities of the Centre for Research on Comprehensive Assistance to Women and Children, and the Civil Society for the Welfare of the Family in Brazil, which "basically operated with international funding", in addition to some private national funding. However, the work of both bodies was intended to reduce the natural population growth and not to exercise any influence over the recruitment of women for employment, as their purpose was to promote family planning. In view of the above, it did not seem accurate to generalize conclusions on the basis of a very few cases which, once they had been made known and complaints had been received, were immediately investigated by the competent authorities. According to the latest report of the National Employment Inspectorate, in 1993 there were only eight complaints which made reference to discrimination against women in employment. With regard to the Ministry of Justice, only two complaints had been received referring to racial discrimination. The first cases were brought to the Labour Ministry of the States of Bahia and Parana, and an investigation was carried out. With regard to the investigation of the complaint in the latter State, submitted by the Business Employees' Trade Union of Maringa, the matter had already been concluded by the Labour Inspectorate. It concerned an advertisement published in a newspaper by the enterprise Mitsubishi Motors whose purpose was to recruit workers of Japanese extraction, but this advertisement published on 31 March 1994 was corrected by dropping the discriminatory reference on 4 April 1994, four days before the Union filed its complaint. He stressed that Brazilian trade unions, federations, confederations and workers' centrals enjoyed both unquestioned independence and a prohibition against any interference or intervention by the Government (Constitution, article 8, No. 1). If there were no more complaints than these it was because the problem of discrimination was not as extensive as had been suggested. The Brazilian Office of the Attorney-General, which was responsible for federal prosecutions as provided by law and under the Act on civil investigation and civil public action for the protection of the public and social heritage, the environment and other various and collective interests (Constitution, article 129, Nos. I and III), in the defence of public order, the democratic system and essential social and individual interests (Constitution, article 127), had acted in a manner which was entirely independent and praiseworthy in quickly investigating the complaints on this subject. Between 1990 and 1991, the Regional Labour Prosecutor's Office of the second region (Sao Paulo), instituted a civil public investigation following newspaper reports of a requirement concerning 12 enterprises in the State of Sao Paulo that had required certificates of sterility as a condition of employment of women. These included a number of multinational enterprises of Swedish, Dutch and US origin. The prosecutor responsible for the investigation reached the conclusion that the enterprises investigated did hire women of child-bearing age, with no condition for employment dependent upon this requirement or a certificate stating that the woman was not pregnant. The table attached to the report of the Prosecutor of the Public Ministry of Labour showed that the enterprises that were investigated employed a great number of women of child-bearing age, many of whom were married in the two years preceding the investigation. Many employers, directly or through trade union organizations, quite far from discriminating against women in employment, had reached agreements or collective accords with the appropriate workers' trade unions, extending the employment security of pregnant women to six months following the end of maternity leave, and also guaranteeing the employment of the father until 90 days following delivery of the child, with the right to maternity leave extended to adoptive mothers, and the right to nursing breaks during the working day extended to nine months. No country was exempt from the risk that there might occur illegal or criminal acts. It was essential that state institutions be capable of prosecuting those who breached ratified agreements and national laws and that there be national campaigns with citizen participation to ensure respect for fundamental human rights. The Government representative concluded by pointing out that the Government had wished to respond to all of the comments of the Committee of Experts in a concrete manner.

The Workers' members said they were bothered by the approach used by the Government representative and stated that the Government representative was deliberately distracting this Committee with a great deal of lengthy information, while the questions in the observation remained unanswered in the terms raised. In addition, the information provided was to the effect that no discrimination presently existed nor had existed at any previous time, which was not the position of the Government before this Committee last year. Whereas last year a Workers' member of Brazil had confirmed before this Committee that many employers in that country were requiring women to present them with certificates of sterilization or to submit to gynaecological examinations as a condition for employment, this year the Government representative insisted that this was not occurring, and that if it were, such conduct would be contrary to the Constitution. With regard to legislation before Parliament prohibiting such requirements by employers, they were sceptical that it would ever be adopted, in view of the lengthy delays that had occurred. Moreover, they emphasized that a lack of complaints and prosecutions under legislation prohibiting discrimination in employment matters did not mean that such discrimination was not occurring. Despite the large amount of information provided by the Government representative, they were singularly unconvinced that the problems addressed by the Committee of Experts in its observation had been resolved. In particular, they asked for information in the next report on measures taken to promote the employment of women at all levels and to remedy differences in the wages of men and women workers. They also asked that every possible effort be made to adopt the Bill making it explicitly illegal for employers to require that women produce certificates of sterilization, or submit to gynaecological examinations as a condition of employment, and that a detailed report be supplied responding in particular to the request in the observation of the Committee of Experts for specific comments on the communications from the Trade Union of Bank Employees of Florianopolis and Regiao and by the Unique Workers' Central with regard to discrimination on the basis of race and racial inequalities in the labour market and in employment.

The Employers' members were surprised at the contrast between the declarations made by Government representatives before this Committee during the past two years. Last year this Committee was informed about the impending adoption of legislation such as that prohibiting employers from requiring proof of sterilization of women employees and discrimination with regard to wages on the basis of sex. This year the basic thrust of the declaration of the Government representative was that the Constitution prohibited most of the discrimination referred to in the observation of the Committee of Experts, while many labour and employment laws applied these and other related matters. They were not in a position to assess whether this was correct, as it was more properly the role of the Committee of Experts to analyse the legislation to determine whether it complied with the Convention. Another apparent contradiction was that it had appeared that there was no effective system to enforce the application of laws against discrimination in employment, and yet now it was indicated to this Committee, perhaps because of problems of interpretation, that in this country of 40,000,000 workers there were 900,000 complaints before the tribunals regarding employment discrimination matters. In view of the difference between the observation of the Committee of Experts and the information provided by the Government representative before this Committee this year, they suggested that the Government should ask the ILO for technical assistance so that a clear picture of the situation could be obtained. They also noted that under the Convention, there must be no discrimination against women who apply for higher-paying jobs so that they must resort to lower-paying jobs. A national policy promoting equal opportunities and treatment in employment was needed to address such problems. They concluded by joining in the request of the Workers' members that legislation be adopted in compliance with all provisions of the Convention.

The Government member of the United States of America stated that she was particularly concerned about the sterilization of women required by employers as referred to in the observation of the Committee of Experts. She noted that in the past a Government representative had recognized that this problem did exist, but she was not surprised at the lack of complaints made by women regarding sterilization requirements by employers, because to raise such an intensely personal matter publicly would be humiliating, and reprisals might be feared. She stressed that the Government should take active measures to pass legislation prohibiting this practice, ensure appropriate sanctions and enforcement, and provide information and education on a large scale to counteract entrenched discriminatory attitudes. In order for the legislation and practice to be brought into compliance with the Convention, she proposed that the Government request the technical assistance of the ILO to supplement all of the existing mechanisms described by the Government representative in his declaration.

The Government representative, responding to previous speakers, reiterated that the statement of the Government representative of Brazil in 1993 had been in general terms and imprecise, referring to discrimination in employment whose origins went as far back as the colonial era and to the existence of the problem, but also recognizing that he was not aware of complaints. He regretted that based on these inferences, statements had been made that did not correspond to reality, as could be proven by the information which he had given in his first statement and that were contained in the annexes made available to the Office. He stated that when there had been complaints with regard to problems concerning sterilization and other problems raised by the Committee, the labour inspectorate of the Public Ministry had begun the appropriate investigation; there were prosecutions under way and others which had not finished. The system functioned effectively to the extent that there were complaints which were instigated. For instance, as he had already pointed out, according to investigations made by the Regional Public Prosecutor of Labour in cases concerning some enterprises in Sao Paulo, measures that were applied concerned family planning; but at no time were sterility certificates required for employment. In this respect, the legislation in force prohibited discrimination in employment based on sex or on maternity, which covered the problems concerning sterilization that had been raised, which also was covered by the Penal Code. Therefore, the draft legislation referred to by the Committee of Experts, which in particular provided for penalties to be imposed on those employers who required sterilization certificates, was not indispensable although the Government agreed to make changes to the law. In effect, the Government supported the Bill and the interest and support of Congress in approving it could be appreciated, in that it had already been approved by two Parliamentary Committees. However, the Government representative explained that based on the principle of separation of powers and the independence of Congress, as a Government representative he could not guarantee the adoption of the Bill on a specific date. In this regard he pointed out that recently Congress had concentrated on the impeachment procedure against the previous President of the Republic, and that this procedure paralysed the activities of the Legislative Branch which in addition previously had to carry out other investigations against Senators and deputies (these gave rise to prosecutions which in turn gave rise to loss of mandate and even criminal prosecutions). This explained delays in the adoption of Bills before the National Congress. The Government representative stated that he hoped that the Bill referred to by the Committee of Experts would become law next year. Responding to one of the questions of the Employers' members on statistics, the Government representative specified that the number of cases submitted to the Labour Tribunals (which in Brazil had employer and worker representation) did not refer only to women but to all prosecutions. With regard to Convention No. 100, the Government representative indicated that the Labour Court system applied it as section 461 of the CLT reproduced the contents of the Convention; however, he indicated that he did not have statistics on wage differentials between male and female employment, but that he would ensure that the Government in its next report would provide this information to the Committee of Experts. Finally, the Government representative specified that on 19 and 20 May 1994, the Labour Ministry received an ILO technical mission which offered its assistance and that this was accepted by the Ministry in order to improve as much as possible national legislation concerning the matters covered by Convention No. 111.

The Government representative stated that he did not agree with the phrase "serious discrepancies between legislation and practice and the requirements of the Convention" in the conclusions of this Committee, as this was not certain, as demonstrated by his previous declarations. He added that he was also not in agreement that this Committee took note in its conclusions of significant differences in wages for women and Blacks as these differences resulted from different occupational training. Equal wages were guaranteed for equal work. The situation should not be prejudged before the Committee of Experts had examined this case in all its aspects. He considered that the conclusions did not correspond to the real situation in Brazil nor did they emerge from the discussion which had taken place. In this regard, he considered that he had been speaking in the wilderness.

The Committee noted the detailed information and explanations furnished by the Government representatives and the discussion which took place. It noted, like the Committee of Experts, that serious discrepancies still existed in law and in practice with the requirements of the Convention. The Committee noted that legislative measures were in the process of being prepared, and expressed the firm hope that they would be adopted and implemented in the very near future. However, the Committee keenly regretted that Bill No. 229 of 1991 prohibiting employers from requiring a sterilization certificate or a medical certificate attesting absence of pregnancy had still not been adopted. The Committee trusted that this Bill would be adopted and implemented in the near future. It accordingly urged the Government to take the necessary decisions to this effect. Furthermore, the Committee noted that important differences in wages continued to exist to the detriment of women and Blacks particularly in the rural sectors. It requested the Government to take all the necessary measures to ensure the full implementation of the provisions of the Convention. The Committee hoped that its next report would furnish comprehensive and detailed information so that it might be able to conclude in the very near future that substantial progress had been made in law and in practice. It recalled the possibility of having recourse to the technical assistance of the International Labour Office.

The Government representative stated that he did not agree with the phrase "serious discrepancies between legislation and practice and the requirements of the Convention" in the conclusions of this Committee, as this was not certain, as demonstrated by his previous declarations. He added that he was also not in agreement that this Committee took note in its conclusions of significant differences in wages for women and Blacks as these differences resulted from different occupational training. Equal wages were guaranteed for equal work. The situation should not be prejudged before the Committee of Experts had examined this case in all its aspects. He considered that the conclusions did not correspond to the real situation in Brazil nor did they emerge from the discussion which had taken place. In this regard, he considered that he had been speaking in the wilderness.

The Committee took note of the statements of the Government representative.

Individual Case (CAS) - Discussion: 1993, Publication: 80th ILC session (1993)

A Government representative of Brazil recognized the existence in his country of discrimination in employment, whose origins stemmed from the colonial period. The Government was taking particular care in its study of labour statistics in order to detect anomalies. It intended to improve relevant legislative instruments with social participation. He supported an active policy against discrimination and was in favour of equal opportunities in the labour market. The Ministry of Labour was improving statistical analysis of dismissals and was endeavouring to centralize data and to put into place a network for the collection of information on social matters. The Government was concerned about consolidating the social achievements proclaimed by the Constitution, and had proceeded to revise its legislation, in particular on discrimination in employment. He specifically mentioned Bill No. 1045 encouraging employers to hire women, and Bill No. 5291 prohibiting wage discrimination based on sex or pregnancy, the financial incentives given to employers to provide vocational training, the establishment of a fund for the vocational training of women and Bill No. 3032/92 prohibiting the employer from requiring female workers to undergo pregnancy tests. He indicated that these problems had less impact on the public service, as the Constitution stipulated that public service posts were open to all without distinction through public competitions, with 20 per cent of the posts reserved for the physically disabled (Act No. 8112 of December 1990). With regard to the allegations that female workers were required by employers to be sterilized, the Government recognized the existence of a problem but pointed out that, to its knowledge, no complaint about this had been reported. He recalled that Bills Nos. 229/91 and 667/91 prohibited that proof of sterilization be required.

The Employers' members welcomed the recognition by the Government of the existence of a problem of discrimination in employment in the country, as well as measures contemplated to ensure compliance with the Convention, including the collection of more comprehensive labour statistics. This was a starting-point. They had the impression, however, that real employment laws to protect victims of discrimination were still not in place and urged the Government to enact such laws, as well as to create the announced inspectorate under the National Labour Council dealing with occupational discrimination issues. Positive training and education programmes would also be necessary to begin to turn the tide in human orientations to discrimination, including problems of the sterilization of women. The Employers urged the Government to adopt these programmes as soon as possible.

The Workers' members associated themselves with the comments made by the Employers' members. They stressed that the Government should send its comments on the communications received from the trade union organizations, for examination by the Committee of Experts. As regards the question of the sterilization of women, they stated that it should not be used as a means of discriminating against women seeking employment. Laws banning this existed and the Government was making efforts to enforce them, but difficulties persisted. The Workers considered that a campaign should be conducted in this area because the figures showed that a large number of women were involved in the sterilization programme which had an impact on the discrimination in employment.

The Workers' member of Brazil stressed that, while some major progress had been achieved in legislation for the protection of women, in practice some employers continued to require sterilization and marriage certificates before they hired women, and requirements based on sex still existed for certain positions. All workers should realize that the defence of women was not a campaign against men and that all workers had to assist women to defend their interests. She believed that with the structural adjustment policies and the flexibility policies that were being imposed on developing countries resulting in unemployment and recession, the situation, in particular the situation of working women and children, had worsened. More awareness campaigns among employers were necessary to protect working women.

The Workers' member of New Zealand supported the comments made by the Workers' member of Brazil. It was unfortunate that women bore a heavier burden in a recession and that widespread poverty left women seeking work in a desperate situation where forced sterilization was accepted as a precondition to gaining employment or continuing in employment. He noted the indications made by the Government representative that steps were being taken to alter this situation both by enforcement measures and by educational methods. Tripartite efforts were needed to make it clear that such practices were unacceptable to the social partners.

The Government representative stated that, while there were difficulties in proving cases of discrimination as the victims themselves did not complain, they were dealt with by a special unit for monitoring discrimination in employment created under the National Labour Council. This Council, through building a tripartite consensus, would have a significant role to play in ensuring that the Bills which were now before the Congress would be adopted more quickly, so that there would be more effective legal instruments preventing discrimination in Brazil. With respect to the special situation of women, he indicated that more than 100 police officers were especially dealing with women's problems making it easier for complaints to be submitted and for the cases to be investigated and prosecuted.

The Committee took note of the information provided by the Government representative. In particular, the Committee noted the Government's statement that there had been discrimination over a period of years and that it was now attempting to combat discriminations through an active policy, with the participation of the society and through the National Registry of Social Information and the National Labour Council, and that it had submitted various Bills to that effect, and that statistics were being collected. The Committee also noted that the Government had submitted, among others, a Bill prohibiting women from being compelled to present certificates of sterilization or of pregnancy in order to obtain employment. The Committee was, however, deeply concerned about the situation prevailing in certain private enterprises. It urged the Government to take the necessary measures to prohibit any discrimination based on sex and to reply to the comments of the workers' organizations regarding discrimination in the labour market based on race. The Committee hoped that the replies to the requests for information by the Committee of Experts would be included in the next report of the Government so that it would be possible to take note of the progress achieved with a view to ensuring full compliance with the Convention.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of: (1) the Single Confederation of Workers (CUT) received on 2 September 2022; (2) the Brasilia Bank Workers Union (Bancários/DF); the National Federation of Caixa Econômica Federal Staff Associations (FENAE); and the CUT received on 1 September 2022; and (3) the International Organisation of Employers (IOE) and the National Confederation of Industry (CNI) received on 30 August 2022 and 31 August 2018. The Committee asks the Government to provide its comments thereon.

Article 1(1)(b) of the Convention. Additional grounds of discrimination. Sexual orientation and gender identity. The Committee notes with interest that, in 2019, the Federal Supreme Court decided that, until the National Congress publishes a specific law, real or supposed discriminatory conduct against LGBT persons shall be equivalent to the crimes foreseen in Law No.7.716 of 5 January 1989 which defines crimes arising from prejudice related to race or colour, including in employment and occupation (section 4). The Committee observes from the statistics published by the National Human Rights Ombudsman’s Office, that in 2021, 2,835 complaints were received through the hotline concerning violence, discrimination and other abuses experienced by LGBT persons, 3.4 per cent of which occurred at the workplace. The Committee asks the Government to provide information on:

• (i)any measures taken in law and in practice, including as a follow-up to the Federal Supreme Court Decision, to address and prevent discrimination based on sexual orientation and gender identity in employment and occupation, and their impact on the integration of LGBT workers in the labour market and on their working conditions; and
• (ii)any cases of discrimination in employment and occupation based on sexual orientation and gender identity dealt with by the competent authorities, including sanctions imposed and remedies granted.

Real or perceived HIV status. The Committee notes that, according to a study carried out by UNAIDS, in 2019, 19.6 per cent of persons living with HIV experienced discrimination regarding their integration or maintenance in employment. The Committee notes with interest the adoption of: (1) Law No. 12.984 of 2 June 2014 which criminalizes discrimination against people living with HIV, including in employment and occupation, and establishes penalties of imprisonment and a fine; and (2) Law No. 14.289 of 3 January 2022 which makes it mandatory to preserve the confidentiality of HIV status, including at the workplace. In that regard, the Committee regrets the lack of information provided by the Government on the implementation of Ministerial Order No. 1.927 of 10 December 2014, which establishes guidelines for combating HIV and AIDS-related discrimination in the workplace and creates a Commission for the Prevention of HIV and AIDS in the World of Work within the Ministry of Labour and Employment (CPPT-Aids). The Committee again asks the Government to provide information on:

• (i)any measures taken in law and in practice to address and prevent discrimination based on real or perceived HIV status in employment and occupation, in particular as a result of the activities carried out by the CPPT-Aids; and
• (ii)any cases of discrimination in employment and occupation based on real or perceived HIV status dealt with by the competent authorities, including sanctions imposed and remedies granted.

Persons with disabilities. The Committee notes that, according to the Brazilian Institute of Geography and Statistics (IBGE), in 2019, persons with disabilities had a much lower labour force participation rate (28.3 per cent) than other workers (66.3 per cent), and were concentrated in low paid activities. Persons with disabilities received, on average, two-thirds of the monthly remuneration of other workers, and their remuneration was lower in all economic sectors. The Committee notes recalls that Law No. 13.146 of 6 July 2015 on Persons with Disabilities prohibits discrimination on the ground of disability in employment and occupation (section 4 and parts I, II and III). Furthermore, the Committee notes that the United Nations (UN) Rapporteur on the enjoyment of human rights by persons with albinism expressed concern at the fact that persons with albinism face extensive discrimination and marginalization when it comes to accessing employment opportunities. He adds that, despite the fact that Federal Law No. 8213/91 establishes quotas to ensure that between 2 and 5 per cent of staff hired are persons with disabilities in any public or private enterprise with over 100 employees, both public and private sectors are still encountering difficulties in achieving the 2 per cent minimum quota. When persons with disabilities are hired, there is a tendency to relegate them to low-ranking jobs, sometimes outdoors (A/HRC/46/32/Add.1, 3 December 2020, paragraph 95). The Committee asks the Government to provide information on:

• (i)the measures taken to promote employment opportunities for persons with disabilities, including by ensuring the effective implementation of existing legislation concerning employment quotas, with regard to their integration in the open and formal labour market, and their outcomes;
• (ii)the employment rates of men and women workers with disabilities in both the public and private sectors; and
• (iii)any cases of discrimination based on disability dealt with by the competent authorities, including sanctions imposed and remedies granted.

Article 2. National equality policy. The Committee notes the Government’s indication that section 3 of Decree No. 9.571, of 21 November 2018, establishing the National Guidelines on Business and Human Rights, provides for the State’s responsibility to address discrimination at work and promote and support inclusion and non-discrimination measures, with the creation of incentive programmes for hiring vulnerable groups. In the context of the Universal Periodic Review (UPR), the Government indicates that the Ministry of Women, Family and Human Rights (MWFHR) is currently preparing the National Action Plan on Businesses and Human Rights (A/HRC/WG.6/41/BRA/1, 1 September 2022, paragraph 89). The Committee welcomes the adoption of Decree No. 9.883 of 27 June of 2019 establishing the National Council to Combat Discrimination (CNCD), within the MWFHR, which is responsible for recommending actions to be taken by the Government in order to address discrimination and intolerance. The Committee however regrets the repeated lack of information by the Government on the concrete actions taken to address discrimination in employment and occupation, including by the various bodies concerned with equality and discrimination. The Committee asks the Government to provide information on:

• (i)the specific actions taken to promote equality of opportunity and treatment in employment and occupation, with respect to all the grounds covered by the Convention in collaboration with social partners, and their outcomes; and
• (ii)the outcome of any periodic assessment of equality policies carried out by the above-referred bodies, including any recommendations arising from this assessment.

Articles 2 and 3. Equality of opportunity and treatment for men and women. Reconciliation of work and family responsibilities. The Committee notes that, according to the National Household Sample Survey (PNAD) of the IBGE, in 2019, the unemployment rate of women was still substantially higher than those of men (14.1 per cent and 9.6 per cent respectively) while their labour force participation rate of women remained low, being estimated at 54.5 per cent compared to 73.7 per cent for men. Black women were particularly affected as a result of their gender and racial vulnerabilities.

The Committee notes the Government’s indication that several measures were implemented with a view to improve the employability of women, in particular those in a vulnerable situation, such as Law No. 14.438 of 22 August 2022 which aims at enhancing formalization and entrepreneurship, including by facilitating access to micro-credit. With regard to workers with family responsibilities, the Committee welcomes the Government’s indication that the duration of the paternity leave was increased to 20 days for the armed forces (Law No. 13.717, of 24 September 2018) and in enterprises participating to the voluntary Empresa Cidadã Programme (Law No. 13.257, of 8 March 2016). The Government further refers to Proposed Constitutional Amendment No. 1/2018, which provides for the increase of the maternity leave to 180 days and of the paternity leave to 20 days, including in case of adoption. Pursuant to Decree 2.904 of 13 November 2020, the Ministry for Women, Family and Human Rights also launched the Work-Family Balance Programme to encourage enterprises to implement measures aimed at better conciliating work and family responsibilities, through the granting of the Family-Friendly Company Seal (SEAF). The Committee further notes the Government’s indication that, as a result of the work of the tripartite Working Group on the labour market and employability of women established in December 2021, the “Employs + Women and Youth” Programme (“Emprega + Mulheres e Jovens”) was adopted in 2022 (Provisional Measure No. 1.116, of 4 May 2022 and Law No. 14.457 of 21 September 2022). The Government states that this programme aims at promoting the employability of those who were most affected by the COVID-19 pandemic by focusing on four main axes: (1) supporting parenting in early childhood; (2) flexibility of work arrangements; (3) qualification of women in strategic areas for career advancement; and (4) supporting women’s return to work after the end of maternity leave. In that regard, the Committee notes that the Bancários/DF, FENAE and CUT regret the lack of consultations held by the Government before the adoption of this programme which, in their views, does not address the challenges currently faced by women in employment. These organizations consider that the programme will introduce a distortion in the Severance Premium Reserve Fund (FGTS)’s purpose by authorizing withdrawals for financing daycare for children or professional qualifications, while the FGTS was created to ensure that funds are available for employees in specific cases such as dismissal, illness or property acquisition. With regard to the Pro-Gender Equity programme, the Government highlights its positive contribution in raising awareness for employers on the need to minimize the obstacles to a larger participation of women in the formal labour market. In this regard, the Committee notes that the CNI and the IOE indicate that, as a result of public policies combined with efforts from the private sector, participation of women in the labour market has been increasing over the past decade. They refer, more particularly to initiatives implemented in collaboration with the National Service for Industrial Learning (SENAI) which resulted in an increased participation of women in sectors such as mining activities, transports, food and beverage, wood and furniture, mechanical industry.

Welcoming the measures taken by the Government to enhance the participation of women in the labour market, the Committee observes that, in its 2022 national report to the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), the Government acknowledges that women, albeit having a higher educational level in relation to men, are still less likely to be employed, earn less, and take up the worst job positions (CEDAW/C/BRA/8-9, 17 March 2022, paragraph 186). The Committee asks the Government to pursue its efforts to implement proactive measures to promote equality of treatment and opportunity between men and women in employment and occupation and to provide information on:

• (i)the specific measures implemented to increase the participation of women in the labour market and in decision-making positions on an equal basis with men, and their outcomes; and
• (ii)the participation of men and women in education, training, employment and occupation, disaggregated by occupational categories and positions, both in the public and private sectors.

Articles 2, 3 and 5. Equality of opportunity and treatment irrespective of race, colour or national extraction. Indigenous peoples. Access to resources, including lands. Traditional activities. The Committee observes that, in recent years, several United Nations Experts, including the UN Special Rapporteur on the rights of indigenous peoples, have expressed concern at the situation of conflict surrounding territorial claims, and threats and attacks on the rights and integrity of indigenous peoples (UN experts, “Supreme Court must uphold indigenous land rights”, 23 August 2021; “UN experts deplore attacks on indigenous peoples”, 2 June 2021). In its 2021 report on the situation of human rights in Brazil, the IACHR also noted with concern the long delays which Quilombola communities are facing regarding access to land ownership. The IACHR further refers to cases where indigenous workers were rescued from forced labour, such as those pertaining to the Terena ethnic group in Mato Grosso do Sul (IACHR, Human rights situations in Brazil, 2021, paragraphs 40 and 129). The Committee notes with concern this information and refers to its 2020 observation and direct request on the application of the Indigenous and Tribal Peoples Convention, 1989 (No. 169). Recalling the importance of access to land and resources for indigenous peoples’ subsistence and activities, the Committee asks the Government to provide information on:

• (i)the steps taken to ensure their equal access to, and treatment in, employment and occupation, including directed at protecting their right to engage in their traditional occupations and livelihoods without discrimination; and
• (ii)any cases of discrimination in employment and occupation of indigenous peoples dealt with by the competent authorities, including sanctions imposed and remedies granted.

Monitoring and enforcement. The Committee notes that the CNI and the IOE indicate that many companies have adopted internal policies and hotlines that preserve the identity of the workers who can report situations of discrimination at work. It welcomes the Government’s indication that, in 2021, the National Coordination to Combat Discrimination at Work and Promote Equal Opportunities (CONAIGUALDADE) was created under the Ministry of Labour and Welfare in order to prevent and address discrimination at work. The Committee notes the summary information provided by the Government on several judicial decisions explicitly referring to the Convention handed down in 2019 and 2022. It regrets however the lack of comprehensive information provided by the Government on the number or content of cases of discrimination dealt with by the competent authorities. The Committee therefore asks the Government to provide information on:

• (i)the number, nature and outcomes of cases of discrimination in employment and occupation dealt with by the labour inspectorate, courts or other competent authorities, including penalties applied and remedies granted; and
• (ii)the measures taken, in particular by the CONAIGUALDADE, to raise public awareness, and to enhance the capacity of the competent authorities, to identify and address cases of discrimination.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of the Brasilia Bank Workers Union (Bancários/DF), the National Federation of Caixa Econômica Federal Staff Associations (FENAE) and the Single Confederation of Workers (CUT) received on 1 September 2022. It also notes the observations from the CUT, received on 2 September. The Committee asks the Government to provide its comments thereon.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee notes that the Bancários/DF, FENAE and CUT express concern about the numerous cases of sexual harassment at work in the finance, banking and judicial sectors. They highlight that: (1) women suffer three times more sexual harassment than men at the workplace, while 97 per cent of victims do not report this situation; (2) data from the Higher Labour Tribunal shows that, between January 2015 and January 2021, approximately 26,000 persons filed cases for sexual harassment at work; (3) as regards the Federal Public Administration, there were 903 reports of sexual or moral harassment in the first half of 2022 through the Digital Ombudsman System (e-Ouv), which represent an 88.5 per cent increase in comparison with the first six months of 2021; and (4) a survey from the Office of the Comptroller General of Brazil (CGU) revealed that in the Federal Public Administration only one third of sexual harassment cases resulted in effective punishment. In their views, cases of sexual harassment at work are characterized by victims’ difficulties in accessing justice; long delays; and inadequate sanctions. The Committee notes with concern these allegations. The Committee asks the Government to provide its comments thereon.

The Committee notes the Government’s indication, in reply to its previous comments, that section 216-A of the Penal Code, as amended by Law No 10.224 of 2001, criminalizes sexual harassment and establishes penalties of up to two years’ imprisonment. The Committee recalls that criminal provisions are not completely adequate in discrimination cases because, inter alia, they do not always provide a remedy to the victim and are very unlikely to cover all forms of conduct that amount to sexual harassment. Considering the need to take into account the specificities of sexual harassment in employment and occupation and the wide range of behaviours to cover, the Committee asks the Government to take the necessary measures to include in the labour legislation or in legislation applicable to labour relations a clear definition and prohibition of both quid pro quo and hostile environment sexual harassment, including by co-workers, as well as preventive measures, redress mechanisms and appropriate sanctions.

The Committee notes with interest the adoption of Law No. 14.457 of 21 September 2022 implementing the “Emprega + Mulheres e Jovens” programme, which provides that companies with more than 20 employees must adopt specific measures to prevent and address sexual harassment and other forms of violence at work (section 23). However, the Committee observes that the Bill on Equal Opportunities and Treatment for Women in Employment (PLS No. 136/2011) which included moral, physical, psychological and sexual harassment as a form of discrimination against women has been set aside. It further notes, that, in its 2021 national report to the United Nations (UN) Human Rights Committee (International Covenant on Civil and Political Rights) the Government acknowledges that violence against women remains one of the main challenges it currently faces (CCPR/C/BRA/3, 25 August 2021, paragraph 60). The Committee asks the Government to provide information on: (i) the implementation of the "Emprega + Mulheres e Jovens" programme in relation to the measures taken by companies to prevent and address sexual harassment at work; (ii) any other practical measures taken, both in the public and private sectors, including awareness-raising among employers, workers and their organizations; and (iii) the number of complaints or cases of sexual harassment dealt with by the competent authorities, including sanctions imposed and remedies granted.

Articles 2, 3 and 5. Equality of opportunity and treatment irrespective of race, colour or national extraction. People of African descent. The Committee notes that, according to the National Household Sample Survey (PNAD) carried out by the Brazilian Institute of Geography and Statistics (IBGE) from 2012 to 2018, the average income of the Black population is equivalent to only 60 per cent of that received by the White population and this proportion remained mostly unchanged since 2012 (IBGE, 4th trimester, 2012–2018). Furthermore, according to the statistical information in the Government’s report to the UN Committee on the Elimination of Discrimination against Women (CEDAW), the literacy rate for the Black population remains lower (91.1 per cent in 2019 compared with 96.4 per cent for the rest of the population). Only 2.8 per cent of the Black population occupied decision-making positions in 2019, compared with 7.1 per cent for the rest of the population, while Black workers were more concentrated in the informal economy (CEDAW/C/BRA/8-9, 17 March 2022, paragraph 87; and Annex to CEDAW report). The Committee recalls that several laws have been adopted to introduce employment quotas in the civil service and publicly-owned companies at the federal level for the Black population (Law No. 12.990/2014) and increase their access to federal universities (Law No. 12.711/2012). The Government indicates that other special measures of assistance have been adopted or are pending adoption, namely: (1) Decree No. 9.427 of 28 June 2018 which provides that 30 per cent of vacancies for internships in the Federal Public Administration are reserved for the Black population; (2) Bill No. 2.067 of 2021 to introduce in public procurement contract requirements clauses regarding quotas for employment for the Black population; and (3) Bill No. 33 of 2016 to amend the Federal Constitution in order to establish a fund for the promotion of racial equality in order to promote equal opportunities and social inclusion of the Black population, including in education and vocational training. The Committee further notes the Government’s indication regarding: (1) the adoption of Decree No. 10.933/22 of 10 January 2022 enacting the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance which now has constitutional status; and (2) the discussions that are under way to carry out a national campaign promoting equal opportunities for Black women in the labour market. The Committee however notes that the UN High Commissioner for Human Rights expressed specific concern at the structural racism, discrimination and violence that people of African descent face in Brazil and called for urgent reforms of laws, institutions and policies to overcome that situation (Press briefing note on Brazil, 24 November 2020). Furthermore, in the report on the universal periodic review, it is indicated that the United Nations country team reinforced the importance of comprehensive policies that confront racism and aggravated discrimination and reported that 70.8 per cent of out-of-school compulsory school age children were Black boys and girls (A/HRC/WG.6/41/BRA/2, 25 August 2022, paragraphs 8 and 43). The Committee further notes that, in its 2021 report on the situation of human rights in Brazil, the Inter-American Commission on Human Rights (IACHR) highlighted that people of African descent still face discrimination in their access to education, the formal labour market and management positions in the private sector (paragraphs 20 and 21). While welcoming the measures implemented by the Government to enhance equality of opportunity and treatment in education and employment for people of African descent, in particular through affirmative actions, the Committee notes with concern that such measures appear to have yielded few tangible results in practice so far. The Committee urges the Government to step up its efforts to adopt and implement both legal and practical measures with a view to promoting equality of opportunity and treatment of people for African descent in employment and occupation, including through public awareness-raising activities to address racial discrimination and promote tolerance among the public. It also asks the Government to provide information on: (i) any assessment carried out of the progress made to date in addressing the situation of people of African descent in employment and occupation, including results achieved through the quota system; (ii) any measures taken in law and in practice to enhance the access of people of African descent to education, vocational training and employment opportunities, including in the formal economy and in decision-making positions, and the results achieved; and (iii) the participation of people of African descent in education, training, employment and occupation, disaggregated by sex; and (iv) the combined effects of sex and ethnicity on the distribution and participation of workers in the various occupations and economic sectors, including on their remuneration rates.

General observation of 2018. The Committee wishes to draw the Government’s attention to its general observation on discrimination on grounds of race, colour and national extraction adopted in 2018.

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

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the observations of the National Confederation of Industry (CNI) received on 31 August 2017, of the International Organisation of Employers (IOE) received on 1 September 2015 and 31 August 2017, of the Union of Doctors in the State of Bahia (SINDIMED-Ba) received on 1 August 2014 as well as the Government’s reply to these last observations received on 5 January 2015.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. With regard to the Committee’s previous request, the Government indicates in its report that all bills on equality and non-discrimination in employment are still under consideration and are facing obstacles to their adoption. In this connection, the Committee notes that section 2(VI) of the Bill on Equal Opportunities and Treatment for Women in Employment (PLS No. 136/2011) includes moral, physical, psychological and sexual harassment as forms of discrimination against women. The Committee also notes that, according to the Government, the majority of public bodies have guidelines on the rights of women to be protected against sexual harassment and ways to prevent it and that the Ministry of Labour and Employment issued a leaflet to inform men and women workers of their rights. The Government also indicates that the Secretariat for Women’s Policies operates a hotline providing guidance and information to women reporting violence, which can refer women to the appropriate services. The Committee notes that according to the Government, 28 complaints of sexual harassment were lodged with the Ombudsperson for the Protection of Women’s Rights between 2013 and 2014. The Government adds that persons filing complaints are advised to seek assistance from trade unions and to formalize complaints to the Labour Prosecution Service, as well as through complaints mechanisms at the institution or enterprise level, or to seek legal advice from a private lawyer or the Public Defender’s Office. The Committee asks the Government to continue to provide information on any complaints of sexual harassment lodged with the Ombudsperson for the Protection of Women’s Rights or other competent authorities, including on any sanctions imposed and the remedies provided. Please also provide information on any concrete measures adopted to prevent and prohibit sexual harassment at work, as well as to raise awareness among employers, workers and their organizations regarding sexual harassment, and the results achieved. The Committee encourages the Government to take the necessary steps to ensure that new legislation on equality and non-discrimination in employment provides for a clear definition and prohibition of both quid pro quo and hostile environment sexual harassment, including by co-workers, and protects both men and women from harassment, and asks that it provides information on the progress made in this regard.

Article (1)(b). Sexual orientation and gender identity. In its previous comment, the Committee had noted the adoption of the National Plan on the Promotion of Human Rights of Lesbians, Gays, Bisexuals and Transsexuals in 2010. The plan set out a number of actions to combat discrimination on the basis of sexual orientation, including with regard to access to employment and vocational training. While noting that the Government provides no further information in its report, the Committee observes that the statistics published by the national Human Rights Ombudsman’s Office indicate 1,876 complaints were received through the hotline concerning violence, discrimination and other abuses experienced by lesbian, gay, bisexual and transgender (LGBT) persons in 2016, 5 per cent of which occurred at the workplace. The Committee therefore reiterates its request to the Government to provide information on the concrete measures taken in the context of the National Plan on the Promotion of Human Rights of Lesbians, Gays, Bisexuals and Transsexuals, including initiatives undertaken to combat stereotypes and prejudices with a view to eliminating discrimination on the basis of sexual orientation and gender identity, and their impact on the integration of LGBT workers in the labour market and on their working conditions.

Real or perceived HIV status. The Committee notes the Government’s reply concerning the application of Ministerial Order 1.246 of 2010, indicating that no records of complaints of discrimination relating to HIV testing are available, as no specific monitoring activities have been undertaken in connection with the implementation of this Order. The Committee also notes the Judicial Precedent No. 443 of 2012, of the Supreme Labour Court which holds that the dismissal of an HIV-positive employee is presumed to be discriminatory. The Committee welcomes the adoption of Ministerial Order No. 1.927 of 10 December 2014, which establishes guidelines for combating HIV and AIDS-related discrimination in the workplace and creates a Commission for the Prevention of HIV and AIDS in the World of Work within the Ministry of Labour and Employment (CPPT Aids). The Committee notes that the CPPT-Aids, which is composed of representatives from government, social partners and civil society organizations, is tasked with strengthening national policies and programmes in connection with HIV and AIDS in the world of work, including on health and safety at work, combating discrimination and promoting decent work. Bearing in mind that the CPPT-Aids is also responsible for monitoring the application of Ministerial Order No. 1.927 of 10 December 2014, the Committee asks the Government to provide information on the implementation of this Order, including on the activities carried out by the CPPT-Aids, as well as on any complaints concerning discriminatory practices reported under this Order, and their outcome. It also asks the Government to provide information on any cases brought before the courts or to the attention of the labour inspectorate concerning violations of the prohibition on carrying out tests concerning the seropositive status of employees at the time of admission to employment and when changing jobs.

Persons with disabilities. The Committee notes that the Law on Persons with Disabilities No. 13.146 of 6 July 2015 (section 4 and parts I, II and III) prohibits discrimination on the grounds of disability with respect to access to vocational training, in all stages of recruitment and access to employment and in conditions of work including remuneration. According to the information provided by the Government in its report, the National Employment System (SINE) offers services specifically targeted towards persons with disabilities. It is also intended, by 2017, to ensure that all premises have access ramps, counters and bathrooms that meet the technical accessibility specifications laid down by the Brazilian Technical Standards Association, and have at least one person on the staff who can communicate in sign language. In addition, the “D day” (“Dia D”) was created to promote labour market opportunities for people with disabilities. The Committee also notes that the data in the Government’s report indicate that in 2013, compared to 2012, there was an increase of 8.33 per cent in the number of employees declared to have a disability and an increase of 2.66 per cent in the average earnings of persons with disabilities. The Committee further notes that the gender pay gap between men and women with disabilities is highest among workers with hearing disabilities. The Committee encourages the Government to pursue its efforts to promote equal opportunities for persons with disabilities, including with regard to their integration in the labour market, and to continue to provide information on any measures taken to this end. Please also continue to provide up-to-date statistical information disaggregated by sex on the participation rates of workers with disabilities in both the public and private sectors.

Article 2. National equality policy. The Committee recalls its previous comments in which it asked the Government to provide specific information on the action taken by the National Committee for Equality of Opportunities on the Basis of Gender, Race, Ethnic Origin, for Persons with Disabilities and to Combat Discrimination; the Secretariat for Policies to Promote Racial Equality; and the National Coordinating Unit for the Promotion of Equality of Opportunity and the Elimination of Discrimination at Work, in the context of the national equality policy. The Committee notes the establishment of the Racial Equality Hotline and of the National Ombudsman’s Office for Racial Equality to receive complaints regarding racial discrimination and follow-up on these in cooperation with other bodies and institutions, including the Public Defender’s Office of the Union and the Labour Prosecution Service. The Committee also noted that the responsibilities of the National Committee include monitoring and evaluating the implementation of measures to promote equality and combat discrimination in employment, and asked information on the outcome of these evaluations. Noting that the Government’s report contains no information in this respect, the Committee recalls that the Convention requires the national equality policy to be effective, and that the results achieved in the implementation of the national policy are being regularly assessed with a view to reviewing and adjusting existing measures and strategies on a continuous basis. Measures to address discrimination in law and practice should therefore be concrete and specific, and should make an effective contribution to the elimination of direct and indirect discrimination and the promotion of equality of opportunity and treatment for all categories of workers, in all aspects of employment and occupation, and with respect to all grounds set out in the Convention (see General Survey of 2012 on the fundamental Conventions, paragraphs 844 and 847). The Committee therefore reiterates its request to the Government to provide detailed information on the concrete steps taken by the bodies referred to above, and the social dialogue bodies of the Ministry of Labour, to promote equality of opportunity and treatment in employment and occupation, with respect to all the grounds covered by the Convention, and the impact of such action. The Committee once again asks the Government to provide information on the outcome of the periodic evaluation of equality policies carried out by the National Committee for Equality of Opportunities on the Basis of Gender, Race, Ethnic Origin, for Persons with Disabilities and to Combat Discrimination, including on any recommendations arising from this assessment.

Promotion of equality of opportunity and treatment for men and women. The Committee notes the information provided by the Government on the measures adopted by the Secretariat for Women’s Policies under the National Plan for Women’s Policies, as well as the statistical information on the employment, unemployment and participation rates of women. It notes, in particular, the Government’s indication that, between 2011 and 2014, the Secretariat for Women’s Policies has invested over 48 million Brazilian reals (BRL) in cooperation agreements with municipal and state governments, as well as non-governmental organizations to improve women’s entrepreneurship and employability in both rural and urban areas, and that 46,436 women have benefited from these initiatives. The Committee also notes that according to the Government, policies to address gender segregation in higher education led to an increasing number of women choosing to opt for studies in the fields of technology and science. The Government also indicates that women’s participation in the labour market has been increasing and women represent 52 per cent of new entrepreneurs and 56 per cent of leadership posts in organizations and companies in the “solidarity economy”. With regard to the Pro-Gender Equity programme, the Government indicates that, of the 83 organizations participating in the programme, 78.2 per cent offer their male and female employees childcare benefits; 14.1 per cent provide a nursery; 29.48 per cent have a breastfeeding room in their facilities and 42.3 per cent give male employees extended paternity leave. The Committee notes, however, that, despite these measures, the Government indicates that due to occupational gender segregation and a higher incidence of unpaid work among women, differences in remuneration remain substantial, particularly among workers who have completed higher education, with women’s average remuneration standing at 60.93 per cent of men’s. The Committee asks the Government to continue to provide information on the specific measures adopted within the framework of the National Plan for Women’s Policies or otherwise to promote equality of opportunity and treatment between men and women in employment and occupation, and to improve women’s access to the labour market, including detailed information on the impact of such measures and the concrete results achieved.

Article 3(a). Cooperation with social partners. The Committee notes the examples provided by the Government of collective agreements which, among others, contain clauses prohibiting discrimination on different grounds or foreseeing affirmative action measures within the company. The Committee asks the Government to continue to provide examples of any collective agreements addressing discrimination or containing clauses that have been deemed discriminatory by the competent authorities.

Article 3(e). Vocational training programmes. The Committee notes the Government’s indication that women accounted for 60.23 per cent of the total number of places available under the National Programme for Access to Technical Education and Employment (PRONATEC) including courses related to traditionally male-dominated occupations. The Committee also notes from the statistics provided, that of the total 4.4 million enrolments in the scheme, of which 2.6 million were women, 17.5 per cent declared themselves to be “white”, 34.6 per cent “pardo”, 4.8 per cent “preto”, 0.7 per cent “amarelo”, 0.3 per cent indigenous and 42.1 per cent provided no information on race/colour. The Committee also notes the Government’s indication that the National Programme for the Documentation of the Rural Woman Worker gives guidance to women in family farming, artisanal fishers, quilombola and indigenous women, and provides them with access to civil, social and labour documents, free of charge to strengthen their autonomy and allow them to access public programmes. The Committee asks the Government to continue to provide statistical information, disaggregated by sex, race and colour, on the number of persons benefiting from the vocational training courses offered under the PRONATEC or other programmes or initiatives adopted at the national, state or local level to promote access to employment, training and education. The Committee reiterates its request that the Government provides information on the impact of the various vocational training programmes in promoting the employability of groups that have experienced labour market disadvantage, including due to disability, race and colour.

Article 5. Special measures of protection. The Committee notes the Government’s report in the framework of the Universal Periodic Review by the UN Human Rights Council, according to which in federal universities and technical institutes, 50 per cent of the vacancies are reserved for students coming from secondary public schools, with the distribution of vacancies among afro-Brazilians and indigenous peoples based on the proportion of such groups in the community. The Government also indicated that vacancies allocated to afro-Brazilians in higher education institutions grew from 37,100 in 2013 to 82,800 in 2015 (A/HRC/WG.6/27/BRA.1, 27 February 2017, paragraph 53). The Committee also notes the adoption of Law No. 12.990 of 9 June 2014, which sets a quota of 20 per cent applicable to vacancies in the civil service and publicly owned companies at the federal level for “black” and “mixed-race” (“pretos” and “pardos”) candidates. The Committee notes further that Resolution No. 203 of 23 June 2015 applies such quota in competitions to access the judiciary. The Committee asks the Government to provide information on any positive measures taken for the promotion of equal opportunities and treatment in employment and occupation for all workers, irrespective of race and colour, and the impact of those measures on the inclusion of “black”, “mixed-race” and indigenous workers in the labour market. The Committee also requests the Government to provide information on the measures adopted to address income differentials.

Enforcement. The Committee notes the Government’s indication that 354 cases of discrimination on the grounds of sex, origin, race, colour, marital status, age or family situation were reported by labour inspectorates between January 2013 and June 2015. In the same period, labour inspectorates reported 7,860 cases of discrimination on the basis of disability (recruitment and dismissal). The Committee requests the Government to continue to provide information on the number, nature and outcome of cases of discrimination in employment reported and addressed by labour inspectorates or other bodies. The Committee also reiterates its request for the Government to provide information on measures taken to build the capacity of those involved in monitoring and enforcement to better identify and address issues related to discrimination in employment and occupation.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the observations of the National Confederation of Industry (CNI) received on 31 August 2017, of the International Organisation of Employers received on 1 September 2015 and 31 August 2017, of the Union of Doctors in the State of Bahia (SINDIMED-Ba) received on 1 August 2014 as well as the Government’s reply on this last observation received 5 January 2015.

Articles 1–3 of the Convention. Legislative developments. Noting that in 2011 there were 6.65 million domestic workers in Brazil, 92.6 per cent of whom were women, the Committee notes with interest the adoption of the Supplementary Act No. 150 of 2015 which provides specific measures for the implementation of the 2013 Amendment of the Constitution and expands the scope of protection of domestic workers’ rights in line with the protection afforded to other workers. The Committee also welcomes the adoption by congress of the Draft Legislative Decree No. 627/2017, which approves the texts for internalization of the Domestic Workers Convention, 2011 (No. 189) and the Domestic Workers Recommendation, 2011 (No. 201). The Committee further notes Decree No. 8.136 of 5 November 2013, which regulates the National System for the Promotion of Racial Equality (SINAPIR), created by the Racial Equality Statute to oversee the implementation of services, programmes and policies in the country to effectively overcome racial inequality. The Committee also notes that the Decree foresees that entities which join the SINAPIR must provide resources to implement racial equality policies and, as reported by the Government in the framework of the UN Human Rights Council’s Universal Periodic Review, by July 2016, 43 racial equality agencies from all regions had joined the SINAPIR (A/HRC/WG.6/27/BRA/1, 27 February 2017).

With regard to the Bill on Equality and the Elimination of Discrimination, the Committee notes the Government’s statement that, in spite of the efforts of the Secretariat for Women’s Policies and other bodies of the federal government to speed up the legislative process, disagreements concerning the content of the law continue to hinder its adoption. The Committee notes further the Government’s indication that the Bill on Equal Opportunities and treatment for Women in Employment (PLS No. 136/2011) is currently being considered by the Senate commission for economic affairs. The draft law establishes mechanisms to prevent, address and punish discrimination against women, and sets out measures to promote equal opportunities for women in employment and career development. The Committee asks the Government to provide information on any progress made in the adoption of the Bill on Equality and the Elimination of Discrimination, as well as the Bill on Equal Opportunities and Treatment for Women in Employment (PLS No. 136/2011). The Committee also asks the Government to provide information on the practical impact of Act No. 150 of 2015 on the elimination of discrimination against domestic workers and on the promotion of equality, and on the implementation and impact of SINAPIR.

Equality of opportunity and treatment irrespective of race, colour and ethnicity. The Committee notes the observations of SINDIMED-Ba concerning an alleged dismissal on the grounds of race and colour. It also notes the Government’s reply to SINDIMED-Ba’s observations referring to the national legal framework prohibiting discrimination in employment and occupation on the abovementioned grounds and indicating the availability of judicial remedies. The Committee also takes note of the statistical information, disaggregated by race, colour and sex provided by the Government. The figures show that earnings by those who declare themselves as Black (Preto) had the highest increases in 2013 at 4.80 per cent, above those who declare themselves of mixed-race (Pardo) or White (Blanco). The statistical information submitted further indicates that Black, indigenous and mixed-race workers continue to receive lower wages than White workers, with Black women being the most affected by the wage gap. While noting these statistics and the information previously provided by the Government on measures and activities undertaken in the context of plans and programmes at both national and state levels to combat discrimination on the basis of race, colour or ethnicity, the Committee asks the Government to step up its efforts to combat discrimination on the basis of race, colour or ethnicity, and to actively promote equality in employment and occupation. In particular, the Committee asks the Government to provide information on the concrete impact of measures adopted in the context of the National Plan for Racial Equality, the Ethno Programme for the development of Quilombola communities, or otherwise, and the concrete results obtained in this regard. The Committee also asks the Government to continue to provide statistics, disaggregated by sex, race and colour, and the combined effects of sex and ethnicity on the distribution and participation of workers in the various occupations and economic sectors, including on their remuneration rates.

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

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 1(1)(a) of the Convention. Sexual harassment. With regard to the Committee’s previous request, the Government indicates that all bills on equality and non-discrimination in employment currently under consideration contain provisions on sexual harassment. In this connection, the Committee notes that section 2(VI) of the Bill on equal opportunities and treatment for women in employment (PLS No. 136/2011) includes moral, physical, psychological and sexual harassment, as well as patrimonial violence, as forms of discrimination against women. The Committee also notes that, according to the Government, 51 complaints of sexual harassment were lodged with the Ombudsperson for the Protection of Women’s Rights between 2010 and June 2013. The Government adds that, in all cases, claimants were advised to seek assistance from trade unions and to formalize complaints before the Labour Prosecution Service, as well as through complaints mechanisms at the enterprise level. The Committee asks the Government to continue to provide information on any complaints of sexual harassment lodged with the Ombudsperson for the Protection of Women’s Rights or the competent jurisdictions, including on any sanctions imposed and the remedies provided. Please also provide information on any concrete measures adopted to prevent and prohibit sexual harassment at work, as well as to raise awareness of employers, workers and their representatives regarding sexual harassment, and the results achieved. The Committee encourages the Government to take the necessary steps to ensure that the new legislation on equality and non-discrimination in employment provides for a clear definition and prohibition of both quid pro quo and hostile environment sexual harassment, including by co-workers, and protects both men and women from harassment, and requests it to provide information on the progress made in this regard.

Article (1)(b). Sexual orientation. The Committee notes the adoption of the National Plan on the Promotion of Human Rights of Lesbians, Gays, Bisexuals and Transsexuals (LGBT) in 2010. The plan sets out a number of actions to combat discrimination on the basis of sexual orientation, including with regard to access to employment and vocational training. The Committee requests the Government to provide information on the concrete measures taken in the context of the National Plan on the Promotion of Human Rights of LGBT, including initiatives undertaken to combat stereotypes and prejudices with a view to eliminating discrimination on the basis of sexual orientation and sexual identity, and their impact on the integration of LGBT workers in the labour market and their working conditions.

Real or presumed HIV status. The Committee previously noted the adoption of Act No. 1246, of 28 May 2010, providing guidance to enterprises concerning HIV and AIDS; which prohibits any test concerning the seropositive status of employees at the time of admission to employment and when changing jobs. The Committee once again requests the Government to provide information on the implementation of this Act, including on any complaints of violations of the prohibitions to carry out HIV tests brought before the competent authorities, and their outcome.

Persons with disabilities. The Committee notes the Government’s indication that, as a result of the direct action of the labour inspection services, 35,420 workers with disabilities entered the labour market in 2012, compared to 34,395 in 2011. The Government also indicates that, between April 2011 and May 2013, 6,088 apprentices participating in the National Pilot Project of Incentives for the Training of Persons with Disabilities were integrated into the labour market. While welcoming the Government’s indication that the National Pilot Project is currently operational in all 27 federal units, the Committee notes that persons with disabilities accounted for only 0.7 per cent of the total workforce in 2011. The Committee encourages the Government to pursue its efforts to promote equal opportunities for persons with disabilities, including with regard to their integration in the labour market, and to continue to provide information on any measures taken to this end. Please also continue to provide up-to-date statistical information on the participation rates of workers with disabilities in both the public and private sectors.

Article 2. National equality policy. The Committee recalls its previous comments in which it requested the Government to provide specific information on the action taken by the National Committee for Equality of Opportunities on the Basis of Gender, Race, Ethnic Origin, for Persons with Disabilities and to Combat Discrimination; the Secretariat for Policies to Promote Racial Equality; and the National Coordinating Unit for the Promotion of Equality of Opportunity and the Elimination of Discrimination at Work in the context of the national equality policy. The Committee also notes that the responsibilities of the National Committee include monitoring and evaluating the implementation of measures to promote equality and combat discrimination in employment, and requested information on the outcome of such evaluations. Noting that the Government’s report contains no information in this respect, the Committee recalls that the Convention also requires the national equality policy to be effective, and that the results achieved in the implementation of the national policy are being regularly assessed with a view to reviewing and adjusting existing measures and strategies on a continuous basis. Measures to address discrimination in law and practice should therefore be concrete and specific, and should make an effective contribution to the elimination of direct and indirect discrimination and the promotion of equality of opportunity and treatment for all categories of workers, in all aspects of employment and occupation, and in respect to all grounds set out in the Convention (see General Survey on the fundamental Conventions, 2012, paragraphs 844 and 847). The Committee therefore asks the Government to provide detailed information on the concrete measures taken by the bodies referred to above, and the social dialogue bodies of the Ministry of Labour, to promote equality of opportunity and treatment in employment and occupation, with respect to all the grounds covered by the Convention, and the impact of such action. The Committee reiterates its request for information on the outcome of the periodic evaluation of equality policies carried out by the National Committee for Equality of Opportunities on the Basis of Gender, Race, Ethnic Origin, for Persons with Disabilities and to Combat Discrimination, including on any recommendations arising from this assessment.

Promotion of equality of opportunity and treatment for men and women. The Committee notes the information provided by the Government on the measures adopted by the Secretariat for Women’s Policies under the National Plan II for Women’s Policies, as well as the statistical information on the employment, unemployment and participation rates of women. It notes, in particular, the Government’s indication that, between 2009 and 2012, the Secretariat has invested over 26 million Brazilian Reais (BRL) in cooperation agreements with municipal and state governments, as well as non-governmental organizations to improve the employability of women in both rural and urban areas, and that 31,680 women have benefitted from these initiatives. The Committee also notes the adoption of the updated National Plan for Women’s Policies (2013–15) in 2013. The Committee notes further that, while women’s share of unemployment decreased from 58.3 per cent in 2009 to 51.8 per cent in 2011, the employment rate of women has also reduced slightly from 42.6 per cent in 2009 to 42.2 per cent in 2011. With regard to the implementation of the Pro Gender Equity programme, which encourages public and private organizations to adopt measures with a view to eliminating discriminatory practices, the Government indicates that during the period 2011–12 the programme contributed to an increase in the participation of women in high-level positions in participating companies. In 2013, women represented 41.01 per cent of employees in senior executive positions and 34.6 per cent of employees in management positions in the affiliated companies. According to the Government, measures adopted under the Pro-Gender Equity programme include awareness-raising activities targeted at both employers and workers, and implemented at the enterprise level, as well as initiatives aimed at enabling male and female workers to reconcile work and family responsibilities. The Committee notes, however, that the Government also indicates that remuneration levels within affiliated companies have not differed from national figures, which suggests that measures adopted in the context of the programme have not fully addressed wage differentials between men and women. The Committee asks the Government to continue to provide information on the specific measures adopted within the framework of the National Plan for Women’s Policies (2013–15) or otherwise to promote equality of opportunity and treatment between men and women in employment and occupation, and to improve women’s access to the labour market, including detailed information on the impact of such measures and the concrete results achieved.

Article 3(a). Cooperation with social partners. The Committee reiterates its request for information on any collective agreements addressing discrimination or containing clauses that have been deemed discriminatory by the competent authorities.

Article 3(e). Vocational training programmes. The Committee notes the Government’s brief reference to the establishment of the National Programme for Access to Technical Education and Employment (PRONATEC) in 2011. In this connection, the Government also indicated that a large number of women have enrolled in courses offered under the PRONATEC, including courses related to traditionally male-dominated occupations. The Committee asks the Government to provide statistical information, disaggregated by sex, race and colour, on the number of persons benefitting from the vocational training courses offered under the PRONATEC, as well as from the programmes established under the national training plan. The Committee also asks the Government to provide information on the impact of the various vocational training programmes in promoting the employability of groups that have experienced labour market disadvantage, including due to disability, race and colour. Please continue to provide information on any measures and initiatives adopted at the national, state or local level to promote access to employment, training and education.

Part III–V of the report form. Enforcement. The Committee notes the Government’s indication that 42 cases of discrimination on the grounds of sex, origin, race, colour, marital status, age or family situation were reported by labour inspectorates between April 2011 and May 2013. In the same period, labour inspectorates reported 4,592 cases of discrimination on the basis of disability (recruitment and dismissal). The Committee requests the Government to continue to provide information on the number, nature and outcome of cases of discrimination in employment reported and addressed by labour inspectorates or other bodies. Please also provide information on measures taken to build the capacity of those involved in monitoring and enforcement to better identify and address issues related to discrimination in employment and occupation.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Legislative developments. The Committee welcomes the adoption of Constitutional Amendment No. 72 of 2013, which expands the scope of protection of domestic workers’ rights under article 7 of the Constitution. Pursuant to the amendments domestic workers are protected, inter alia, against discrimination in respect to recruitment, employment and wages on the basis of sex, age, colour or marital status, as well as wage discrimination and discrimination in recruitment on the ground of disability (article 7(XXX) and (XXXI)). In this connection, the Committee notes the Government’s indication that the legislative review process was undertaken in collaboration with domestic worker’s organizations at municipal, state and federal levels. With regard to the Bill on equality and the elimination of discrimination, the Committee notes the Government’s statement that, in spite of the efforts of the Secretariat for Women’s Policies and other bodies of the federal government to speed up the legislative process, divergences regarding the content of the law continue to hinder its adoption. The Committee notes further the Government’s indication that the Bill on equal opportunities and treatment for women in employment (PLS No. 136/2011) is currently being considered by the Senate commission for social affairs. The draft law establishes mechanisms to prevent, address and punish discrimination against women, and sets out measures to promote equal opportunities for women in employment and career development. The Committee asks the Government to provide information on any progress made in the adoption of the Bill on equality and the elimination of discrimination, as well as the Bill on equal opportunities and treatment for women in employment (PLS No. 136/2011). The Committee also requests the Government to provide information on the practical impact of the Constitutional Amendment No. 72 of 2013 on the elimination of discrimination against domestic workers and promotion of equality. The Committee also reiterates its request for information on the implementation and impact of the Charter for Racial Equality, issued under Act No. 12288 of 2010.

Article 2 of the Convention. Equality of opportunity and treatment irrespective of race, colour and ethnicity. The Committee notes the statistical information, disaggregated by race, colour (white, black and mixed race) and sex provided by the Government. The figures show that in 2011 the employment rate of mixed-race workers increased by 9.3 per cent compared to 2010, while that of white workers increased by 3.38 per cent and that of black workers by 4.53 per cent. The employment rate of indigenous workers decreased by 2.54 per cent. The Committee also notes that the participation rate of black workers in the labour market decreased slightly from 5.5 per cent in 2010 to 5.2 per cent in 2011, while that of mixed-race workers increased from 28.98 per cent to 29.85 per cent in the same period. The statistical information submitted under the Equal Remuneration Convention, 1951 (No. 100), further indicates that black, indigenous and mixed-race workers continue to receive lower wages than white workers, with black, indigenous and mixed-race women being the most affected by the wage gap. While noting these statistics and the information previously provided by the Government on measures and activities undertaken in the context of plans and programmes at both national and state levels to combat discrimination on the basis of race, colour or ethnicity, the Committee once again draws the Government’s attention to the fact that such information remains insufficient for it to assess whether real progress has been achieved as a result of the measures adopted. The Committee therefore asks the Government to step up its efforts to combat discrimination on the basis of race, colour and ethnicity, and to actively promote equality in employment and occupation. In particular, the Committee asks the Government to provide information on the concrete impact of measures adopted in the context of the National Plan for Racial Equality, the Ethno Programme for the development of Quilombola communities, or otherwise, and the concrete results obtained in this regard. The Committee also asks the Government to continue to provide statistics, disaggregated by sex, race and colour, on the distribution and participation of workers in the various occupations and economic sectors, including on their remuneration rates.

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

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

Article 2 of the Convention. National equality policy. In its previous comments, the Committee requested the Government to provide information on the action taken by the National Committee for Equality of Opportunities on the Basis of Gender, Race, Ethnic Origin, for Persons with Disabilities and to Combat Discrimination; the Secretariat for Women’s Policies and the Secretariat for Policies to Promote Racial Equality, established in the context of the 2008–11 Plan, and the activities undertaken by the National Coordinating Unit for the Promotion of Equality of Opportunity and the Elimination of Discrimination at Work. In this regard, the Committee notes the Government’s indication that the action undertaken focused on combating inequality in relation to the rights of women, black and indigenous persons, persons with disabilities, the elderly, lesbians, gays, bisexuals and transsexuals (LGBT), as well as persons suffering from intimidation and sexual harassment, among other victims of discrimination in employment and occupation. Activities were also undertaken in support of the social dialogue bodies existing in the Ministry of Labour and Employment, and particularly the Tripartite Commission for International Relations (CTRI), the Tripartite Committee for Equality of Opportunity and Treatment, Gender and Race at Work (CTIO), the Quadripartite Commission for the Strengthening of Minimum Wages, the Standing Joint Tripartite Commission (CTPP) and the National Immigration Council (CNIG). The Committee nevertheless observes that, although extensive and detailed information has been provided on the objectives of these bodies, the Government’s report contains only brief indications on the specific activities undertaken by them (with the exception of the activities carried out by the Secretariat for Women’s Policies, which are examined below) and on their impact on the eradication of discrimination and the integration of the workers who are most exposed to discrimination in the labour market. The Committee emphasizes in this respect that the application of the Convention can only be measured by the effectiveness of the national policy and the results achieved, for which purpose up-to-date information is required (see General Survey on fundamental Conventions, 2012, paragraph 734). The Committee refers in this regard to Article 3(f) of the Convention. The Committee once again requests the Government to provide up-to-date information on the specific activities and measures adopted by all the bodies referred to above in the context of the national equality policy, the results achieved, including information on the outcome of the evaluation of the implementation of these activities carried out by the National Committee for Equality of Opportunities.

Territorial/sectoral training plans (PLANTEQ) and youth programmes. The Committee notes the extensive information provided by the Government on education and training plans and the indication that a series of such plans are devoted to women domestic workers. The Government indicates that in 2010 vocational training was provided to 154,544 workers selected from the most vulnerable groups, of whom 64.51 per cent were women. The Government indicates that the aim of these plans is to achieve the integration of 30 per cent of these workers into the labour market. The Government is also planning to extend training to women in prison. The Committee further notes a range of programmes for the vocational training and education of young persons. These programmes have varying objectives, ranging from school attendance by young persons to their integration into the urban and rural labour market. The Committee requests the Government to continue providing information on the participation and labour market integration rates of women, persons of African origin and indigenous persons as a result of the Territorial/sectoral training plans (PLANTEQ) and the various programmes for youth. The Committee further requests the Government to provide information on the progress achieved in the context of the Brazil Gender and Race Programme.

Promotion of equality of opportunity and treatment for men and women. With regard to the National Plan I for Policies for Women implemented in 2009 and 2010, the Government indicates that there was a gender equality mainstreaming in public policies, which resulted in a rise in the employment rate of women from 50.7 percent in 2003 to 52.4 per cent in 2007. The Government adds that at least half of the beneficiaries of training plans were women and that micro-credits have been granted principally to women; loans have been granted to over 400,000 rural women workers; equal number of property titles were issued to families benefitting from the agrarian reform; and activities were undertaken to train and raise the educational level of women domestic workers; and vocational and trade union training has been provided for 350 women. The Government adds that in the context of the programme “Consortium for Youth” implemented between 2003 and 2007, some 215,000 young persons were trained, of whom 65,000 were integrated into the labour market and 55 per cent were young women. Finally, in the context of the Economic Solidarity Programme, efforts are made to promote the economic and financial autonomy of women, with the registration up to 2007 of 22,000 solidarity-based economic undertakings with significant participation by women. With regard to the implementation of the Pro Equity Gender Programme, which focuses on encouraging public and private organizations to adopt measures with a view to eliminating discriminatory practices, the Government indicates that during the period 2009–10 a total of 58 organizations received the certification label. With reference to the implementation of National Plan II for Women’s Policies, the Government indicates that it constituted the basis guiding the action of the Secretariat for Women’s Policies. The action carried out included in particular: the training of 56,043 women in programmes to promote economic autonomy through integration into the labour market; the adoption of women’s policy plans in 33 per cent of states; 84 educational campaigns for women on equality issues; the establishment of 14 working groups and supervisory bodies and of a support network for women victims of violence. The Committee requests the Government to continue providing information on the implementation and impact of both the National Plan II for Women’s Policies and the Pro Equity Gender Programme.

Sexual harassment. The Government indicates that all programmes and activities for women include components intended to combat sexual harassment at the workplace, as well as procedures to make complaints by telephone or the Internet. The Government adds that there exist special delegations for women and that the Secretariat for Women’s Policies encourages victims to make complaints so that the appropriate measures can be taken, although it acknowledges a certain reticence by victims in view of their fear of reprisals. According to the Government, this situation is changing as a result of awareness-raising and information campaigns. The Committee requests the Government to continue providing information on the measures adopted with a view to affording adequate protection against sexual harassment for both men and women workers and their impact on its prevention and elimination. The Committee asks the Government to provide information on the complaints lodged concerning sexual harassment and their outcome. The Committee further requests the Government to indicate whether the Bill on equality and the eradication of discrimination contains provisions regarding sexual harassment. The Committee refers the Government to its general observation of 2002 and invites it to ensure that the elements raised by the Committee in that observation are reflected in the new legislation.

Sexual orientation. The Committee notes that the Government is engaged in drawing up a national plan for lesbians, gays, bisexuals and transsexuals (LGBT) with a view to improving their social integration and their insertion into the labour market in the context of the programme Brazil without Homophobia, which has been in force since 2004. The objectives of the plan include eliminating violence and discrimination against persons on the ground of their sexual orientation and facilitating complaint procedures for victims of discrimination due to their sexual orientation. The Committee requests the Government to indicate whether the National Plan for LGBT has already been adopted and, if so, the measures that have been taken in that context and their impact on the integration of LGBT workers into the labour market and on their working conditions.

Real or supposed HIV status. The Committee notes the adoption of Act No. 1246, of 28 May 2010, providing guidance to enterprises concerning HIV and AIDS, which prohibits any test concerning the sero-positive status of employees at the time of admission to employment and when changing jobs. The Committee requests the Government to provide information on the implementation of this Act and on any complaints of violations of the prohibition to carry out HIV tests, and their outcome.

Persons with disabilities. The Committee notes the Government’s indication that during the period 2009–11, as a result of the direct action of the labour inspection services, 52,129 workers with disabilities entered the labour market, representing 11.2 per cent fewer than the corresponding number for the 2007–09 period. The Government adds that in the context of the National Pilot Project of Incentives for the Training of Persons with Deficiencies, which is operational in 22 federal states, the integration of 3,651 apprentices into the labour market was achieved. The Committee also emphasizes the information concerning collective agreements containing clauses to promote the employment of workers with disabilities. The Committee requests the Government to continue providing information on the measures adopted with a view to the training and labour market integration of workers with disabilities, and on the awareness-raising measures for workers’ and employers’ organizations on this matter in both the public and the private sectors.

Article 3(a). Cooperation with the social partners. The Committee notes the numerous training activities undertaken in cooperation with trade unions targeting the various sectors of the population (and particularly the PLANTEQ). The Committee also notes the Government’s indications on court rulings setting aside clauses in various collective agreements (concerning remuneration, health insurance, working conditions, etc.) which were considered discriminatory. The Committee requests the Government to continue providing information on the latest action taken in cooperation with trade unions, and particularly on the impact of the measures adopted in the context of the 2009–11 Plan of Action of the Tripartite Committee on Equality of Opportunity and Treatment in terms of promoting equality in employment and occupation. The Committee further requests the Government to provide information on the collective agreements concluded and the clauses that have been found to be discriminatory by the judicial authorities, as well as those which give effect to the principles of the Convention.

Parts III–V of the report form. The Government indicates that during the period 2009–11 there was only a single action by the labour inspection services relating to differences in pay between men and women. The Government also provides information on the establishment of the Labour Discrimination Registration System, which makes it possible to lodge complaints over the Internet, and also indicates the action taken on the complaint and its outcome. Statistical reports are also drawn up on the consultations and measures adopted in this respect. The Government provides statistical data on the complaints lodged for sexual harassment and discrimination at work on the ground of race. The Committee requests the Government to provide information on the training provided to labour inspectors on discrimination in employment and occupation with a view to being able to detect and address cases of discrimination at the workplace. It also requests the Government to continue providing information on the complaints made through the Labour Discrimination Registration System and their follow-up, as well as any court rulings relating to the application of the Convention.

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

Legislative developments. The Committee notes the adoption of Act No. 12288 issuing the Charter for Racial Equality, which is intended to guarantee for the black population equality of opportunity, the defence of their rights and action to combat discrimination. The Committee notes that the Act envisages the adoption of vocational training, employment and school attendance policies and programmes, the granting of incentives for the adoption of equality measures in the private sector, access to credit for small-scale production and awareness-raising campaigns against the marginalization of black women. The Committee also notes that the Secretariat for Women’s Policies has established a Working Group on Equality in the World of Work with a view to examining the Bill on equality and the elimination of discrimination. The Committee requests the Government to provide information on the implementation and impact in practice of Act No. 12288 issuing the Charter for Racial Equality, as well as information on the progress in the adoption of the Bill on equality and the elimination of discrimination.

Article 2 of the Convention. Equality of opportunity and treatment irrespective of race and colour. The Committee notes the statistical information disaggregated by race, colour (whites, blacks and mixed race) and sex provided by the Government. The data show that in 2010 the employment rate of mixed-race workers increased by 11.23 per cent, that of whites by 5.5 per cent and that of blacks by 7.89 per cent. The employment rate of indigenous workers rose by 5.1 per cent. The Committee further notes that the participation rate of black workers in the labour market remained at 5.5 per cent while that of mixed-race workers rose to 28.98 per cent in 2010. The data provided by the Government also show an increase in the educational level of black and mixed-race workers, although a disparity in productivity persists in relation to white workers which is due, according to the Government, to differences in educational levels. The Government adds that the participation rate of women in the labour market is 20 per cent lower than that of men, with that of white women being higher than that of women of African origin (59.4 and 55.7 per cent, respectively). The unemployment rate also shows the existence of differences on grounds of sex and race. While the unemployment rate of black women was 12 per cent, that of white women was 9.5 per cent, the rate for black men was 6.8 per cent and for white men it was 5.5 per cent. In relation to wages, the Government indicates that white workers receive a wage that is 46.40 per cent higher than that of black workers and 41.78 per cent higher than that of mixed-race workers, but emphasizes that the wage gap has been reduced since 2009. The Government emphasizes the need to provide greater training to people of African origin with a view to reducing the wage gap and enabling them to gain access to better quality jobs. The Government adds that the PlanSeQ for people of African origin has this objective and provides information on the numerous training activities undertaken in the context of the Plan. The Government also provides extensive information on the measures and activities taken in the context of the ethnic development solidarity project for Quilombola communities. While noting the statistics and the information supplied by the Government, which portray the persistent difficulty of black, mixed-race and indigenous workers in gaining access to employment and education, the Committee notes that the information provided does not enable it to fully assess the results and progress achieved over time as a result of the measures adopted. The Committee requests the Government to continue providing statistical data disaggregated by sex, race and colour as a basis for determining the distribution of workers in the various occupations, jobs and economic sectors. It also asks the Government to make further efforts to guarantee full equality of treatment and opportunities for all workers, irrespective of their gender, race, colour or ethnicity. In particular, the Committee requests the Government to continue supplying information on the measures adopted in practice in the context of these programmes and their impact on the eradication of discrimination. The Committee especially asks the Government to provide information on the impact of the National Plan for Racial Equality for communities of African origin, indigenous and gypsy communities and the solidarity project for the ethnic development of Quilombola communities.

Discrimination on the ground of political opinion. Observing that the Government has not provided specific information on this subject, the Committee requests it to indicate the measures adopted with a view to ensuring that workers do not suffer discrimination on the basis of political opinion, including information on any complaints brought for this reason and their outcome.

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

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

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.

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

Article 1 of the Convention. Discrimination on the basis of political opinion. The Committee recalls that in its previous observation it referred to a communication from the Union of Teachers of Itajaí and Region concerning the dismissal of three university teachers which was based, according to the communication, on their political opinions. The Committee noted that, according to the Government’s report, the investigation into the case was closed on 27 March 2007 because the allegations could not be proved; it was subsequently forwarded to the Higher Council of the Labour Prosecution Office so that it could be recorded as having been set aside. The Committee also noted that no specific action had been taken to combat discrimination in employment and occupation on the basis of political opinion. The Committee notes that the Government repeats this information while indicating at the same time that discrimination on the basis of political opinion would be covered by the general initiatives taken with a view to eradicating all forms of discrimination. The Government adds that complaints have not been recorded by the respective administrative and judicial bodies of cases of discrimination on the basis of political opinion. The Committee invites the Government to continue providing information on any case of discrimination in employment or occupation on the basis of political opinion which is brought before the judicial or administrative authorities and the outcome thereof. The Committee also requests the Government to provide information on the specific measures adopted or envisaged to ensure that workers do not suffer discrimination on the basis of political opinion.

Discrimination on the basis of gender, race or colour. The Committee notes the Government’s indication that the population of African descent continues to be at a disadvantage in education and the labour market. It further notes that, according to the Government’s report, stereotypes relating to gender and race continue to give rise to the segregation of workers of African descent, indigenous workers and women workers into lower quality jobs. With regard to women, the Committee notes in particular that they are over-represented in domestic work, production for family consumption and unpaid work. The Government’s report also indicates that the unemployment rates of women, workers of African descent and indigenous workers are higher than average, and that the situation of women of African descent and indigenous women is even more precarious.

The Committee notes the many initiatives undertaken by the Government with a view to eradicating discrimination and promoting equal opportunities for the most underprivileged sectors of society. It notes in particular the educational measures and awareness-raising activities envisaged under the II National Plan for Policies for Women with a view to overcoming gender and race prejudice, as well as the awareness-raising activities carried out by the regional commissions for equality of opportunities on the basis of gender, race and ethnic origin, and for persons with disabilities, and to combat discrimination in enterprises, workers’ and employers’ organizations, universities and governmental and non-governmental organizations. It further notes the training programme for men and women domestic workers (National Domestic Work Programme/PLANSEQ) and the plans to review the national legislation with a view to extending all labour rights to this category of workers. The Committee requests the Government to continue making efforts to ensure full equality of opportunity and treatment for women, persons of African descent and indigenous persons, in accordance with the provisions of the Convention. It requests the Government to continue providing information on the measures adopted in this respect and their impact, and it refers to the more detailed comments contained in its direct request. The Committee also asks the Government to provide statistical data in its next report on the distribution of men and women in the various occupations, jobs and economic sectors, disaggregated in so far as possible by race and colour.

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

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 2. National policy. With regard to the measures adopted in the context of the National Decent Work Agenda to promote the effective application of the Convention, the Committee notes the various seminars and training programmes on gender equality and racial discrimination designed to promote understanding and awareness of these subjects among all parties concerned. These initiatives were conducted as part of the “Brazil: gender and race” programme and also of the territorial/sectoral qualification plans (PLANTEQs) within the National Plan of the same name. These plans aim to promote vocational training, in particular for vulnerable groups, namely women, persons of African descent and indigenous peoples. According to the data supplied by the Government in its report, in 2005 some 60,850 women (58.01 per cent of participants) and 74,116 indigenous persons (57.89 per cent) participated in the courses carried out in the context of the qualification plans. The Committee also notes that the Equal Opportunity and Anti-Discrimination Groups established at the level of regional labour delegations according to the abovementioned programme, can, in the case of complaints from victims of discrimination, launch negotiations with the interested parties with a view to ending disputes through an agreement. The Committee requests the Government to continue supplying information on the measures taken in the context of the National Decent Work Agenda and, in particular, on the implementation of the “Brazil: gender and race” programme and the sectoral qualification plans and their results, including statistics disaggregated by sex on the participation of persons of African descent and indigenous persons in these initiatives. The Committee would also be grateful if the Government would supply information on the types of complaints received by the Equal Opportunity and Anti-Discrimination Groups and on any agreements reached.

Promotion of gender equality in employment and occupation. With regard to the implementation of the “National plan for policies for women”, the Committee notes the development of a system of support measures including: actions intended to promote collaboration between the equal opportunity and anti-discrimination groups and organizations for the protection of women’s rights; training for officials of the regional labour delegations and the members of workers’ organizations on subjects such as sexual harassment and discrimination in employment; and dissemination, especially through seminars, of the principles of Conventions Nos 100 and 111. The Committee also notes the convocation of a National Conference on Policies for Women, which was due to take place in August 2007 with the aim of analyzing the social, economic, political and cultural situation of the country and the ensuing challenges for the achievement of gender equality in connection with the implementation of the “National plan for policies for women”. The Committee also notes the adoption of Decree No. 6122/2007 of 12 June 2007, which recognizes the entitlement of unemployed women to maternity leave and social security benefits when they are dismissed for good reason or have voluntarily terminated their employment before or during pregnancy. The Committee requests the Government to indicate the specific measures adopted or contemplated for implementing the actions comprising the “National plan for policies for women” and the impact, including information on any obstacles to the implementation of this plan which have been identified at the National Conference on Policies for Women and the measures planned in this respect. Please also supply information on the practical application of Decree No. 6122/2007.

Sexual harassment. With respect to its previous request regarding action taken against sexual harassment, the Committee notes the Government’s statement that no provision has been made for a specific programme against sexual harassment. However, the Committee notes that the plan of action of the Tripartite Committee on Equal Opportunities and Treatment includes action for the prevention and elimination of sexual harassment. The Committee also notes that, in the context of the system of support measures for the “National plan for policies for women”, there are plans to provide training for the regional labour delegations on the subject of sexual harassment. The Committee recalls, as it emphasized in its previous comments, that a report of the Ministry of Agrarian Development and the National Institute of Settlement and Agrarian Reform states that 52 per cent of working women have suffered some kind of sexual harassment. The Committee therefore urges the Government to takes steps to fully protect working women against sexual harassment at work. The Committee requests the Government to supply information on the activities undertaken to implement the plan of action of the Tripartite Committee and under the system of support measures for the “National plan for policies for women” and their impact on the prevention and elimination of sexual harassment. The Committee also requests the Government to indicate any relevant measures taken by the equal opportunity and anti-discrimination groups and repeats its request for information on the application in practice of section 216-A of the Penal Code.

Promotion of equality in employment and occupation based on race and colour. With regard to the implementation of the “National policy for the promotion of racial equality”, the Committee notes that a “National plan for policies to promote racial equality” is being formulated which, according to the Government’s report, will focus particularly on promotion of the principle of equality for persons of African descent as regards access to the labour market, remuneration and access to managerial posts, and also support for entrepreneurial initiatives taken by them. The Committee also notes the establishment in February 2007 of the “National policy for sustainable development for the poor and for traditional communities”, one of the aims of which is the eradication of all forms of discrimination suffered by these groups, and also the “Ethnic development and solidarity project for Quilombola communities” designed to promote access to employment for the members of these communities. The Committee requests the Government to keep it informed with regard to progress made on the “National plan for policies to promote racial equality” and to send a copy of it once it has been adopted. The Committee also requests the Government to provide information on the implementation of the “National policy for sustainable development for the poor and for traditional communities” and its impact on the promotion of equality of opportunity or treatment in employment or occupation for the members of these categories. Please also supply information on the implementation of the “Ethnic development and solidarity project for Quilombola communities” and its impact.

Cooperation between the ILO and the Government of Brazil. The Committee notes the Government’s indication in its report that the “Programme of institutional reinforcement for gender and racial equality, eradication of poverty and generation of employment (GRPE)” ended in June 2006 with an international seminar on the theme of “Gender, race, poverty and employment: experiences and challenges”. The Committee requests the Government to supply information on the conclusions of the abovementioned seminar regarding prospects for furture action and follow-up.

Article 3(a). Cooperation with employees’ and workers’ organizations. With regard to the Tripartite Committee on Equality of Opportunity and Treatment, the mandate of which is to establish public policies for the elimination of all forms of discrimination on the basis of race or gender in employment or occupation, the Committee notes the adoption of a Plan of Action in 2006, which has the following elements: (1) to promote the implementation of the relevant legislation in force and, if need be, amendments thereto; (2) to conduct a study relating to the Workers with Family Responsibilities Convention, 1981 (No. 156); (3) to undertake positive action designed to promote education and vocational training for women and persons of African descent and prevent sexual harassment; (4) to conduct education campaigns to enhance the status of women and person of African descent in the labour market; (5) to promote good practice in the promotion of racial and gender equality; and (6) to conduct an annual evaluation of all the initiatives undertaken by the Tripartite Committee. The Committee also notes the indication in the Government’s report that the Tripartite Committee is promoting the inclusion of clauses explicitly establishing the principle of equality of opportunity and treatment in collective agreements concluded between workers’ and employers’ organization. The Committee requests the Government to supply detailed information on the implementation of the 2006 Plan of Action and its impact on the promotion of equality of opportunity or treatment in employment or occupation. The Committee also requests the Government to provide examples of collective agreements in which clauses relevant to the principles of the Convention have been included.

Parts III and IV of the report form. Court decisions. The Committee notes the decisions handed down by the High Labour Court and the Regional Labour Courts and requests the Government to continue supplying information on any other court decision handed down in future in relation to the principle of equality of opportunity and treatment in employment and occupation.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1 of the Convention. Discrimination on the basis of political opinion. In its previous observation, the Committee referred to a communication from the Union of Teachers of Itajaí and Region concerning the dismissal of three university teachers which was based, according to the communication, on their political opinions. The Committee notes that, according to the Government, the investigation into this case was halted on 27 March 2007 because the allegations could not be proved. This was subsequently communicated to the Higher Council of the Labour Prosecution Office so that it could align its records accordingly. The Committee also notes the Government’s statement that no specific action has been taken for combating discrimination in employment and occupation on the basis of political opinion. The Committee requests the Government to clarify the nature of the abovementioned investigation, indicating in particular whether this was an independent procedure. The Committee also requests the Government  to provide information on any other cases of discrimination in employment or occupation on the basis of political opinion which are brought before the judicial or administrative authorities and the outcome thereof. Please also provide information on the manner in which it is ensured that workers do not suffer discrimination on the basis of political opinion.

Discrimination on the basis of gender, race or colour. The Committee notes the “Brazil: gender and race” programme, under which equal opportunity and anti-discrimination groups were established, and also the territorial/sectoral qualification plans (PlanTEQS) for promoting vocational training, particularly for vulnerable groups, namely women, persons of African descent and indigenous peoples. The Committee also notes the plan of action adopted in 2006 by the Tripartite Committee on Equal Opportunities and Treatment, the “National plan for policies for women” and the “National policies for the promotion of racial equality and for sustainable development for the poor and for traditional communities”, the aim of which include the eradication of all forms of discrimination with regard to these groups. However, the Committee notes from the documents attached to the Government’s report that women and persons of African descent are concentrated in activities which are the most precarious and afford the least social protection and their remuneration is lower than that earned by other workers (men, whites). In this regard, the Committee notes that, although the gender wage gap decreased from 23.9 per cent in the early 1990s to 16.7 per cent in 2003, the wage gap between persons of African descent and whites has not shown any improvement over the last 11 years, remaining at approximately 50 per cent. The Committee understands that persons of African descent are under pressure in various sectors, including private banks, and in particular in managerial positions. The Committee also notes the particularly vulnerable situation of women of African descent, who suffer discrimination on grounds of both race and sex. The Committee urges the Government to continue taking steps to ensure that women and persons of African descent benefit fully from equality of opportunity or treatment in access to vocational training, access to employment, including employment in private banks, and conditions of work. Please supply information on any measure taken in this regard and also up to date information on the situation of women and persons of African descent in the labour market.

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

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Discrimination based on race and colour. The Committee notes that Act No. 10678, of which it took note in its observation, establishes the National Council for the Promotion of Racial Equality (CNPIR), which formulates, coordinates and integrates policies and directives to promote racial equality. It also notes that a decree of 23 August 2004 established within the Ministry of Labour, a Tripartite Committee on Equal Opportunities in Respect of Gender and Race in Employment and Occupation, which works in coordination with the task forces to combat all forms of discrimination in employment and occupation that have been set up in the regional delegations and sub-delegations for labour. The functions of the Tripartite Committee are to establish public policies for equal opportunities and treatment and the elimination of all forms of discrimination on grounds of race or gender in employment and occupation. It further notes that seminars and activities concerning discrimination are being conducted in various parts of the country. In this context, the National Qualifications Plan (PNQ) for 2003-07 gives preferential access to those who are most vulnerable, particularly women workers with little education and persons of African extraction and of indigenous extraction. The Committee requests the Government to provide statistical information on the representation of these groups in the PNQ and the impact of the PNQ in improving the access of vulnerable groups to employment and occupation. Please also continue providing information on policies and action adopted by the Tripartite Committee, including the impact thereof, and indicating the methods used to measure the impact.

2. ILO cooperation with the Government of Brazil. The Committee notes that May 2005 saw the launch of a handbook by the ILO on training and information regarding gender, race, poverty and employment, which is being implemented in nine Latin American countries and which in Brazil has a special module on race. The Committee notes that a programme to strengthen institutions is being implemented to secure equality based on gender and race, the eradication of poverty and the generation of employment (GRPE), and requests the Government to keep it informed regarding the programme’s implementation and practical impact.

3. Judicial decisions. The Committee notes that the High Court of Labour upheld the decision of the ordinary labour courts ordering a company to compensate a worker for racial discrimination due to the actions of a supervisor. The Committee notes that the decision cited the Constitution, the international Conventions ratified by Brazil and the ILO Declaration on Fundamental Principles and Rights at Work. The Court found the company liable in that “the employer has a duty to safeguard respectability, civility and decency in the work environment as part of the contract of employment”. The Committee would be grateful if the Government would continue to provide information on judicial decisions relevant to the application of the Convention.

4. Sexual harassment. In general, the Committee observes that although the Government has replied to the report form, it has not answered all the questions addressed to it by the Committee of Experts in its comments of 2003 and 2004. It refers the Government in particular to its observation of 2004 and the first paragraph of its direct request of 2003, in which it noted that according to a report by the Ministry of Agricultural Development and the National Institute for Settlement and Agrarian Reform, 52 per cent of working women have suffered some kind of sexual harassment. The Committee would be grateful if the Government would provide information on the measures taken to combat sexual harassment and on the practical effect given to new section 216-A of the Penal Code, as requested by the Committee in 2003.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Article 1 of the Convention. Discrimination based on political opinion.  The Committee notes that the Government’s report contains no reply to the communication received from the Sindicato de Profesores de Itajaí y Región, sent to the Government on 15 July 2004. The communication refers to the dismissal of three teachers of journalism at the University of Valle de Itajaí (UNIVALI), allegedly because of their political opinions. Attached to the communication is a complaint filed by the abovementioned union on 3 July 2003 with the Office of the Procurator for Labour of the State of Santa Catarina alleging that the grounds for dismissal were political and ideological rather than economic. According to the complaint, the dismissal of two of the teachers was linked to criticism they had levelled at the university and to their involvement in activities in marginal districts and in alternative and critical programmes, and, in one instance, to positions taken in the 2002 electoral campaign. It is also stated that the teachers were seeking to set up a journalism course in which freedom of thought and expression and involvement with society would be three basic tenets for the training of future journalists, such training being unthinkable unless it allowed the right to question. The Committee requests the Government to inform it of the outcome of the complaints, and to provide information on the machinery in place and the measures adopted or envisaged to prevent the occurrence of discrimination in employment and occupation based on political opinions.

2. Article 2. National policy. The Committee notes with interest that Brazil’s Decent Work Country Programme, launched by the Ministry of Labour, includes effective application of the Convention among its objectives. Please provide information on the measures taken to achieve this objective and their impact.

3. The Committee also notes that in December 2004, the National Congress approved amendment No. 45 to the Constitution under which international human rights treaties approved by three-fifths of the votes cast in both chambers shall rank on a par with the Constitution. It also notes that pursuant to Law No. 10683, on 28 May 2003 a Special Secretariat for Policies for Women and a Special Secretariat for Policies to Promote Racial Equality were created within the Office of the President of the Republic. Act No. 23678 of 23 May 2003 established a Special Secretariat of the Presidency of the Republic for Policies to Promote Racial Equality, and a decree of 23 August 2004 established a tripartite committee under the Ministry of Labour and Employment to serve as an advisory body, with a view to promoting public policy on equal opportunities and treatment and combating all forms of discrimination based on sex and race in employment and occupation. Furthermore, the Committee notes with interest that Decree No. 5390 of 8 March 2005 approved the National Plan for Policies for Women (PNPM). The Committee requests the Government to provide information on the practical effect given to the legislation and the bodies established pursuant thereto, and their impact.

The Committee is addressing a request on other matters directly to the Government.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the communication received from the Sindicato dos professors de Itajaí y Região which was sent to the Government for comment on 15 July 2004. The communication concerns the dismissal of three university professors, allegedly on the basis of their political opinion. The Committee requests the Government to provide a reply in respect to this communication together with its report for examination by the Committee at its next session. In addition, the Government is requested to provide full information in the next report on the matters raised by the Committee in its observation and direct request of 2002.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Further to its observation, the Committee requests the Government to provide information on the following matters.

1. Sexual harassment. The Committee notes that according to the information supplied by the Government, section 216-A of the Penal Code which punishes sexual harassment may be vetoed by the President when the harassment arises from domestic relations or a relationship of cohabitation or hospitality, and in the event of breach of the duties inherent in employment and occupation. The Committee notes that the Ministry of Justice has indicated that the veto is in breach of the system of penalties established by the Penal Code and confers undue advantage on perpetrators of this offence. The Committee requests the Government to consider amending this provision or adopting new legislation to take account of the elements set out in the general observation of 2002 on sexual harassment. The Committee notes from the statistics provided by the Government in its report that the units established to promote equal opportunities and combat discrimination processed 26 and 22 cases of sexual harassment in 2001 and 2002 respectively, which reflects an increase in the number of complaints in view of the fact that only two were filed in 2000. A report of the Ministry of Agrarian Development and the National Institute for Agrarian Settlement and Reform, produced in the context of the Affirmative Action Programme, shows that 52 per cent of economically active women have suffered some form of sexual harassment. The Committee would be grateful if the Government would continue to supply information on the processing of such cases by the abovementioned units, and on the practical effect given to new section 216-A of the Penal Code concerning sexual harassment.

2. Discrimination on grounds of race, colour and sex. The Committee notes the information supplied by the Inter-American Trade Union Institute for Racial Equality (INSPIR) indicating that for more than two years the Government has shown no inclination to use the tripartite Working Group for the Elimination of Discrimination in Employment and Occupation (GTEDEO) as an instrument for promoting application of the Convention, and that the employer members of the GTEDEO have not attended. The Committee notes the Government’s reply that the "Brazil, Gender and Race Programme", by establishing units (Núcleos), to promote equal opportunities and combat discrimination, is meeting the objectives of the GTEDEO and that the results of the abovementioned Working Group will be submitted in the near future. The Committee trusts that the Government will be in a position to provide details in its next report of the GTEDEO’s activities and the results it has attained in eliminating discrimination in employment and occupation, particularly discrimination on the grounds of race, colour and sex.

3. The Committee notes with interest the content of the reports sent with the Government’s report concerning the measures implemented in the rural sector by the Ministry of Agrarian Development and the National Institute for Agrarian Settlement and Reform, in the context of the Affirmative Action Programme, to redress the inequality affecting the black and indigenous populations in this sector, with a particular focus on women. The Committee trusts that the Government will continue to supply information on the measures adopted or envisaged by both the above institutions in order to give effect to the provisions of the Convention.

4. The Committee notes the information supplied by the Government on the improvement of women’s status in education matters. Nevertheless, the Government acknowledges in its report that no progress has been made with regard to literacy among black women. The Committee trusts that the Government will provide information in its next report on the measures adopted or envisaged to encourage education and training for work for black and mulatto women workers and to provide them with opportunities to enter and advance in the labour market.

5. The Committee notes that measures have been taken for training in a number of states, including Rio de Janeiro, with a view to establishing quotas in state universities for Afro-Brazilian students. It notes that, according to the Government, the Ministry of Foreign Affairs grants study scholarships to Afro-Brazilian students to enable them to compete with others in training courses for the diplomatic services. The Committee repeats its request to the Government to supply information on the measures undertaken with the 20 per cent of the budget of the Worker’s Assistance Fund (FAT) which, according to the Government, was to be invested in occupational training for the black and mulatto populations.

6. With reference to its previous comments concerning Order No. 1740 of 26 October 1999, the Committee asks the Government to provide in its next report information on the inclusion of data on race and colour in the General Record of Employment and Unemployment (CAGED) and in the Annual Social Information Report (RAIS). It also requests the Government to take measures to raise awareness, among the public at large and among workers’ and employers’ organizations in particular, of the advisability of collecting such data, thus avoiding controversies of the kind that arose in connection with the abovementioned Order.

7. The Committee notes with interest that on 28 June 2002 Brazil ratified the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which recognizes the competence of the Committee on the Elimination of Discrimination against Women to examine and monitor violations of the women’s rights enshrined in the above Convention.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the report sent by the Government, the comments made by the Inter-American Trade Union Institute for Racial Equality (INSPIR), received on 12 September 2002, and the Government’s reply thereto. It also notes a number of publications and reports, including statistical data.

1. Discrimination on grounds of race, colour and sex. The Committee notes the summary of the study "Social, racial and gender profile of management in large Brazilian companies", appended to the communication from INSPIR, alleging discrimination on grounds of race, sex and colour in executive posts and jobs that involve dealing with the public in sectors such as banking, hotels, airlines and shopping malls, where members of the black and mulatto population are employed only in cleaning and maintenance jobs. The Committee notes that according to the report submitted to the Committee on the Elimination of Discrimination Against Women (CEDAW/C/BRA/1-5, 7 November 2002), Afro-descendants account for 70 per cent of the poorest segment of the population. The Committee also notes the information supplied in the Government’s report to the effect that the black population not only receives the lowest wages but often suffers discrimination in access to jobs and in employment relationships.

2. The Committee takes note of the information supplied by the Government in its report to the effect that in January 2003 a Secretariat for Racial Equality and a National Council to Combat Discrimination were created in the public administration for the purpose of proposing, monitoring and evaluating affirmative public policies for promoting equality and protecting the rights of individuals and social and ethnic groups affected by racial discrimination or other forms of intolerance. Although aware that the Government has undertaken numerous initiatives to apply a policy to combat discrimination, the Committee requests the Government to provide information in its next report on the results of the measures and policies implemented in recent years to overcome discrimination in the labour market on grounds of race, colour and sex (Article 3(f) of the Convention).

3. The Committee notes the creation in 2002 of the Secretariat of State for Women’s Rights which has ministerial rank. It would be grateful if the Government would provide information in its future reports on the activities conducted by the abovementioned Secretariat to prevent discrimination on grounds of sex and to promote gender equality, including affirmative action in the area of access to education, training and employment.

4. The Committee notes INSPIR alleges that the measures the Government has taken since 1992 to overcome racial discrimination, including in the public sector, were not coordinated and effective enough to overcome racial and gender discrimination at work. The Committee notes that, according to INSPIR, despite the large amount of draft legislation designed to overcome racial discrimination, procedures are slow and the necessary government support is often lacking. The Committee reminds the Government that in the course of the examination of Brazil’s application of the Convention that took place in June 2002 in the Conference Committee on the Application of Standards, it was mentioned that black workers were disproportionately over-represented in the unskilled and informal economy and, contrariwise, were disproportionately under-represented in managerial positions, and that "no factor other than direct use of discriminatory criteria based on skin colour [could] explain the systematically unfavourable employment situation for black workers". The Committee again stresses that to be effective, the application of the Convention requires the adoption of active integration policies, such as setting aside posts in the public administration or making public assistance to private enterprises contingent on compliance with anti-discrimination rules, financing vocational training programmes to integrate persons excluded, or encouraging the incorporation of anti-discrimination provisions in collective agreements. The Committee trusts that in its next report the Government will provide information not only on the measures adopted or envisaged, but also on the impact of these measures in preventing the occurrence of discriminatory employment practices and encouraging the recruitment of members of the Afro-Brazilian and mulatto populations of both sexes in posts from which they have traditionally been excluded.

5. The Committee notes from the information sent by INSPIR that there are virtually no complaints of discrimination in state enterprises because employees fear losing their jobs. It also notes the information in the Government’s report to the effect that although there is widespread discrimination on grounds of race and colour, there are few complaints because the persons affected are unacquainted with the procedures and because of the difficulties of proving such practices. The Committee also notes that the units created to promote equal opportunities and combat discrimination increased their activities by 75 per cent between 2000 and 2002. The Committee trusts that the Government will take steps to avoid and discourage, both in the private sector and in the public sector, all forms of reprisals against persons submitting complaints of discrimination on grounds of race or colour; and that it will take measures to acquaint the black and mulatto populations with the procedures for lodging complaints of discriminatory conduct. The Committee would be grateful if the Government would provide information in its next report on the complaints that have been filed for each of the grounds of discrimination referred to in Article 1 of the Convention, if possible indicating the sector or activity in which the cases occurred and the results obtained. The Committee trusts that the Government will continue its efforts to encourage greater participation by workers’ and employers’ organizations in the Units created in the various regions to promote equal opportunities and combat discrimination.

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

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the comments from the Inter-American Trade Union Institute for Racial Equality (INSPIR), received on 12 September 2002. The comments have been forwarded to the Government and the Committee will address them, together with any comments the Government might have thereon, at its next session. Noting the discussions in the Conference Committee on the Application of Standards in June 2002, the Committee repeats its previous observation, which read as follows:

1. The Committee notes the report of the Government and the attached documentation. The Committee recalls its previous comments concerning discrimination on the grounds of sex, race and colour, in which it noted with interest legislative and practical measures taken by the Government to implement the principles of the Convention. With reference to Article 3(f) of the Convention, the Committee noted that sufficient time had elapsed to warrant an initial assessment of the progress achieved in eliminating employment-related discrimination in the country. In this context, the Committee notes the discussions on the application of the Convention by Brazil in the Committee on the Application of Standards of the International Labour Conference at its 88th Session in 2000 and recalls the observations submitted by the INSPIR on 6 November 2000 containing allegations that the public recognition of racial inequalities by the Government was not followed by appropriate government action to produce results.

2. The Committee notes with interest from the Government’s report that a new section 216-A, which makes sexual harassment punishable as a crime, has been included in the Penal Code by Act No. 10.224 of 15 May 2001. The section provides that officials who use their higher position or ascendancy inherent in the exercise of their duties, post or office to pressure another person for the purpose of obtaining sexual advantage or favours shall be punished with one to two years of detention. The Government is asked to provide information on the application and impact of the new legislation.

3. As regards the position of women in the labour market, the Committee notes from the Brazilian National Report on the Implementation of the Platform for Action of the Fourth United Nations World Conference on Women prepared for June 2000 (Beijng +5) that, while women’s participation grows and they have greater occupational mobility, occupational segregation and the gender wage gap persist and the rate of women in unemployment has risen. The Committee notes also the statement of the Government that the situation of black women is often characterized by multiple discrimination on the basis of sex, race and colour.

4. The Committee notes the information contained in the Government’s report concerning the situation of racial and ethnic minorities in the labour market. According to a survey cited by the Government, 90 per cent of Brazilians living under the poverty line are black or mulatto and 60 per cent of the mulatto and black population work in the informal sector, while that rate among the white population is 48 per cent. The illiteracy rate is 10.6 per cent among whites, 25.2 per cent among mulattos and 28.7 per cent among the black population.

5. The Committee had previously welcomed the promulgation of Act No. 9799 of 1999 which includes provisions prohibiting discrimination on the basis of sex, age, colour and family status, including pregnancy, in respect of access to employment, vocational training and terms and conditions of employment. The Act also contemplates the adoption of temporary measures to establish policies designed to correct inequalities that affect women in employment and occupation. The Committee requested the Government to provide information on measures adopted in this regard, as well as information regarding the application of Act. No. 9799 and its impact on the position of women and racial and ethnic minorities in the labour market. The Committee notes the announcement by the Ministry of Labour and Employment in July 2001 that 20 per cent of the budget of the Worker’s Assistance Fund (FAT), which was R$8.7 billion in 2000, would be invested in occupational training for the black and mulatto population, with preference given to women. The Committee requests the Government to continue to provide information on the implementation of this initiative and details on other specific measures taken to prevent discrimination on the grounds of sex, race and colour and to promote racial and gender equality, including positive action in respect of access to education, training and employment.

6. With respect to securing the acceptance and observance of the national equality policy, the Committee previously noted the National Programme of Human Rights, the campaign "Brazil, Gender and Race - United for Equal Opportunities" and the establishment of centres for the prevention of discrimination in employment and occupation, which undertake promotional activities and receive complaints. The Committee notes from the report that as of August 2001, 58 such centres have been set up throughout the country and that the target adopted by the federal Government is that in 2002 there will be a centre in each regional labour delegation or sub-delegation. The Committees notes that the centres are carrying out activities in cooperation with black rights’ defence groups to raise awareness in society at large about discrimination against blacks and to make black workers themselves aware of discrimination against them. The Committee also notes the efforts by these centres to promote racial equality and diversity through negotiations with employers’ associations and managers in the various branches of activity where black workers are absent. Recalling the observations of INSPIR, the Committee requests the Government to provide detailed information on the impact of these awareness-raising measures on improving the position of women and blacks in employment and on their terms and conditions of work.

7. The Committee notes that the centres for the prevention of discrimination in employment and occupation receive complaints about discriminatory practices in employment and occupation. While noting that the number of complaints made to the centres has recently increased, the Committee observes that the number of discrimination complaints based on sex, race or colour remains relatively low. In the first half of 2001, the majority of complaints were based on disability discrimination - here were only four complaints because of racial discrimination (0.1 per cent) and 103 complaints of sex discrimination (3 per cent). The Committee notes the indication of the Government that this is due to the difficulties in obtaining corroborating evidence of discrimination in such cases. The Committee points out that such evidentiary difficulties should not operate to bar the filing and pursuit of complaints. In this regard, the Committee underscores the importance of establishing accessible and effective complaint mechanisms, procedures and remedies for victims of discrimination on grounds of sex and race. It also recalls the importance of promoting legal literacy campaigns to create awareness of workers’ rights and the existence of complaint mechanisms. The Committee requests the Government to continue to provide information on the nature and outcome of complaints involving discrimination on the basis of sex or race examined by the centres for the prevention of discrimination in employment and occupation, including the number of cases that have been submitted to the public prosecutors.

8. As regards the assessment of the impact of legislative and practical measures taken to improve the situation of women and ethnic and racial minorities in the labour market, the Committee notes that the Minister of Labour and Employment, by issuing Order No. 1.740 of 26 October 1999, decided to include in the report forms for the Annual Social Information Report (RAIS) and the General Record of Employment and Unemployment (CAGED) information on race and colour of persons concerned. While welcoming this information, the Committee once again requests the Government to provide full information in its next report, including statistical data, on the situation of women and the indigenous, black and mestizo population in employment and occupation, including access to vocational guidance, vocational training and employment, as well as on the impact of the Government’s equal opportunity policy in this respect.

The Committee is addressing a request directly to the Government on other points.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

1. The Committee notes the report of the Government and the attached documentation. The Committee recalls its previous comments concerning discrimination on the grounds of sex, race, and colour, in which it noted with interest legislative and practical measures taken by the Government to implement the principles of the Convention. With reference to Article 3(f) of the Convention, the Committee noted that sufficient time had elapsed to warrant an initial assessment of the progress achieved in eliminating employment-related discrimination in the country. In this context, the Committee notes the discussions on the application of the Convention by Brazil in the Committee on the Application of Standards of the International Labour Conference at its 88th Session in 2000 and recalls the observations submitted by the Inter-American Trade Union Institute for Racial Equality (INSPIR) on 6 November 2000 containing allegations that the public recognition of racial inequalities by the Government was not followed by appropriate government action to produce results.

2. The Committee notes with interest from the Government’s report that a new section 216-A, which makes sexual harassment punishable as a crime, has been included in the Penal Code by Act No. 10.224 of 15 May 2001. The section provides that officials who use their higher position or ascendancy inherent in the exercise of their duties, post or office to pressure another person for the purpose of obtaining sexual advantage or favours shall be punished with one to two years of detention. The Government is asked to provide information on the application and impact of the new legislation.

3. As regards the position of women in the labour market, the Committee notes from the Brazilian National Report on the Implementation of the Platform for Action of the Fourth United Nations World Conference on Women prepared for June 2000 (Beijng+5) that, while women’s participation grows and they have greater occupational mobility, occupational segregation and the gender wage gap persist and the rate of women in unemployment has risen. The Committee notes also the statement of the Government that the situation of black women is often characterized by multiple discrimination on the basis of sex, race and colour.

4. The Committee notes the information contained in the Government’s report concerning the situation of racial and ethnic minorities in the labour market. According to a survey cited by the Government 90 per cent of Brazilians living under the poverty line are black or mulatto and 60 per cent of the mulatto and black population work in the informal sector, while that rate among the white population is 48 per cent. The illiteracy rate is 10.6 per cent among whites, 25.2 per cent among mulattos and 28.7 per cent among the black population.

5. The Committee had previously welcomed the promulgation of Act No. 9799 of 1999 which includes provisions prohibiting discrimination on the basis of sex, age, colour and family status, including pregnancy, in respect of access to employment, vocational training and terms and conditions of employment. The Act also contemplates the adoption of temporary measures to establish policies designed to correct inequalities that affect women in employment and occupation. The Committee requested the Government to provide information on measures adopted in this regard, as well as information regarding the application of Act. No. 9799 and its impact on the position of women and racial and ethnic minorities in the labour market. The Committee notes the announcement by the Ministry of Labour and Employment in July 2001 that 20 per cent of the budget of the Worker’s Assistance Fund (FAT), which was R$8.7 billion in 2000, would be invested in occupational training for the black and mulatto population, with preference given to women. The Committee requests the Government to continue to provide information on the implementation of this initiative and details on other specific measures taken to prevent discrimination on the grounds of sex, race and colour and to promote racial and gender equality, including positive action in respect of access to education, training and employment.

6. With respect to securing the acceptance and observance of the national equality policy, the Committee previously noted the National Programme of Human Rights, the campaign "Brazil, Gender and Race - United for Equal Opportunities" and the establishment of Centres for the Prevention of Discrimination in Employment and Occupation, which undertake promotional activities and receive complaints. The Committee notes from the report that as of August 2001, 58 such centres have been set up throughout the country and that the target adopted by the federal Government is that in 2002 there will be a centre in each regional labour delegation or sub-delegation. The Committees notes that the centres are carrying out activities in cooperation with black rights’ defence groups to raise awareness in society at large about discrimination against blacks and to make black workers themselves aware of discrimination against them. The Committee also notes the efforts by these centres to promote racial equality and diversity through negotiations with employers’ associations and managers in the various branches of activity where black workers are absent. Recalling the observations of INSPIR, the Committee requests the Government to provide detailed information on the impact of these awareness-raising measures on improving the position of women and blacks in employment and on their terms and conditions of work.

7. The Committee notes that the Centres for the Prevention of Discrimination in Employment and Occupation receive complaints about discriminatory practices in employment and occupation. While noting that the number of complaints made to the centres has recently increased, the Committee observes that the number of discrimination complaints based on sex, race or colour remains relatively low. In the first half of 2001, the majority of complaints were based on disability discrimination, there were only four complaints because of racial discrimination (0.1 per cent) and 103 complaints of sex discrimination (3 per cent). The Committee notes the indication of the Government that this is due to the difficulties in obtaining corroborating evidence of discrimination in such cases. The Committee points out that such evidentiary difficulties should not operate to bar the filing and pursuit of complaints. In this regard the Committee underscores the importance of establishing accessible and effective complaint mechanisms, procedures and remedies for victims of discrimination on grounds of sex and race. It also recalls the importance of promoting legal literacy campaigns to create awareness of workers’ rights and the existence of complaint mechanisms. The Committee requests the Government to continue to provide information on the nature and outcome of complaints involving discrimination on the basis of sex or race examined by the Centres for the Prevention of Discrimination in Employment and Occupation, including the number of cases that have been submitted to the public prosecutors.

8. As regards the assessment of the impact of legislative and practical measures taken to improve the situation of women and ethnic and racial minorities in the labour market, the Committee notes that the Minister of Labour and Employment, by issuing Order No. 1.740 of 26 October 1999, decided to include in the report forms for the Annual Social Information Report (RAIS) and the General Record of Employment and Unemployment (CAGED) information on race and colour of persons concerned. While welcoming this information, the Committee once again requests the Government to provide full information in its next report, including statistical data, on the situation of women and the indigenous, black and mestizo population in employment and occupation, including access to vocational guidance, vocational training and employment, as well as on the impact of the Government’s equal opportunity policy in this respect.

The Committee is addressing a request directly to the Government on other points.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the communication made by the Inter-American Trade Union Institute for Racial Equality - INSPIR (representing the association of the three following unions: Central Unica dos Trabalhadores, (CUT); Força Sindical (FS) and Confedereção Geral dos Trabalhadores, (CGT) - alleging lack of respect for and systematic violations of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). In its communication, INSPIR alleges that, in its last report to the Committee of Experts, the Government provided some data on the incidence of racism in Brazil but did not give the full picture. This, for INSPIR, exemplifies the ambiguity that characterizes the position of the Brazilian Government on racial questions: public recognition of racial inequalities that clearly stem from racism, but no results in terms of government actions within the country. The communication of INSPIR was sent for comments to the Government on 22 November 2000 and the Committee will examine the matter at its next session together with the information requested in its comments in its 1999 observation and direct request.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

1. Further to its previous direct request, the Committee notes from the Government's report that draft Act No. 8, concerning the express repeal of the single paragraph of section 482 of the Consolidated Labour Acts, on the dismissal of a worker in respect of whom it has been duly established by administrative inquiry that he has committed acts which prejudice the national security (which was tacitly repealed by the enactment of the 1998 Constitution), has been shelved. The Government indicates that a wider revision of the national labour legislation may include the express repeal of section 482, and undertakes to keep the Committee informed in this regard.

2. The Committee once again asks the Government to indicate the manner in which the follow-up to the Fourth World Conference on Women held in Beijing in 1995 will be ensured in the various government bodies which deal with gender issues, including the Ministry of Labour and the Tripartite Working Group for the Elimination of Discrimination in Employment (GTDEO), working in conjunction with the National Council for the Rights of Women.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

1. The Committee notes the Government's report and annexed documentation. It notes with interest the numerous measures taken in legislation and practice to implement the principles of the Convention. Taking into account the positive nature of the Government's efforts in this regard, the Committee also notes that sufficient time has elapsed since the initiation of the Government's National Human Rights Programme and related measures to warrant an initial assessment of the progress achieved in eliminating employment-related discrimination in the country. The Committee points out, however, that the report provides no concrete information on the employment situation in the country which would enable the Committee to evaluate the results obtained in promoting the application of the Convention.

2. Discrimination on the grounds of race, colour and ethnic origin. In light of the general nature of the information supplied in the report, the Committee takes note of information relevant to the Convention presented by the Government to various United Nations committees (CERD/C/263/Add. 10; CERD/C/SR.1157-1159; CCPR/C/81/Add.6; and CCPR/C/SR.1506-1508). It notes the concluding observation of the Committee on the Elimination of Racial Discrimination that the indigenous, black and mestizo communities in Brazil continue to suffer from deep structural inequalities, despite the many positive measures taken by the Government, which include the adoption of the 1988 Constitution and the establishment of a human rights commission, an interministerial working group for the promotion of the black population, a ministry of agrarian reform and the promulgation of the National Human Rights Programme.

3. Discrimination on the ground of sex. With respect to the situation of women in Brazil, the Committee notes the United Nations Human Rights Committee's concluding observations that, despite some improvements in their situation, women continue to face de jure and de facto discrimination, including discrimination in access to the labour market (CCPR/C/Add.66, paragraph 318, September 1996).

4. Further to its previous comments, the Committee welcomes the adoption of Bill No. 382-B, promulgated as Act No. 9799 on 26 May 1999, which amends the 1943 Consolidated Labour Act to include provisions prohibiting discrimination on the basis of sex, age, colour and familial status, including pregnancy, in respect of access to employment, vocational training and terms and conditions of employment. It notes with interest that Act No. 9799 prohibits, inter alia, the publication of discriminatory employment advertisements, as well as the termination of or refusal to hire, promote or train an individual on the grounds of sex, age, race or familial status. The Committee also notes that section 373(A) of Act No. 9799 contemplates the adoption of temporary measures to establish policies on equality of opportunity and treatment for men and women workers, particularly policies designed to correct inequalities that affect women's access to employment and vocational training as well as women's general terms and conditions of employment. The Committee would appreciate receiving information in the Government's next report on any measures adopted in this regard, as well as specific information regarding the application in practice of Act No. 9799 and its impact on the position of women and racial and ethnic minorities in the Brazilian labour market.

5. The Committee notes with interest the Government's undertaking to disseminate information to the public as widely as possible concerning the rights established by the domestic anti-discrimination legislation, including Act No. 9459/97 (on discriminatory practices that constitute criminal offences), Act No. 9029 (which prohibits employers from requiring the presentation of a sterilization certificate as a condition precedent for employment) and Act No. 9799/99 (prohibiting, inter alia, discrimination in access to employment and training). The Committee notes from the report that the Government is not aware of any new cases brought under Act No. 9459/97. The Committee requests the Government to supply information in its next report on the reasons why no complaints or cases are being brought under Act No. 9459/97 or other anti-discrimination legislation. It asks the Government to keep it informed of any new complaints or cases brought concerning employment discrimination.

6. In addition to the legislative measures adopted to promote Brazil's equal opportunity policy, the Committee notes with interest the information supplied by the Government on the activities undertaken in connection with its "National Programme for Human Rights" launched in May 1996. The Government indicates that, since the programme was initiated, the Secretary on Human Rights of the Department of Justice has promoted measures to ensure the defence and promotion of human rights and collaborated with initiatives to promote equality of opportunities. The Committee would appreciate receiving information on the impact of the activities of the Secretary in this regard.

7. The Committee welcomes the information supplied by the Government on its campaign "Brazil, Gender and Race - United for Equal Opportunities", launched in July 1997 within the framework of the National Programme for Human Rights, particularly information on those activities designed to raise public awareness of discriminatory employment practices and of the provisions of the Convention. The Committee would be grateful if the Government would continue to provide information on awareness-raising activities conducted relevant to the Convention.

8. The Committee notes with interest the information presented by the Government on the establishment of Centres for the Prevention of Discrimination in Employment and Occupation which, in conjunction with the Regional Departments of Labour and Employment (DRTEs), are responsible for the application of the Government's equal opportunity policy at the state level, and carry out the activities necessary for the application of the Convention under the programme. The Committee notes from the report that these centres are composed of, inter alia, state and municipal government representatives, trade unions, enterprises, universities, associations, organizations representing minority groups, women, blacks, indigenous people and disabled persons. The report reflects that the centres promote awareness of discriminatory employment practices, and receive and examine complaints of discrimination, which are sent to the Public Ministry, or to the Attorney General's Office if mediation provided by the DRTEs is unsuccessful. The Committee would be grateful if the Government would continue to provide information on the specific activities undertaken by the centres in the different Brazilian states, including statistical information on the number and type of discrimination complaints received, the action taken and the outcome.

9. The Committee notes that, pursuant to Article 3(f) of the Convention, ratifying States undertake to indicate in their annual reports the action taken in pursuance of their national equal opportunity policy and the results secured by such action. The Committee draws the Government's attention to the report form for Convention No. 111, which calls for the Government to supply specific information, including reports, studies and statistical data, that may show the changes which have occurred as a result of measures taken in pursuance of the national policy, particularly in respect of the vocational training, employment and conditions of employment in the various branches of activity and at various occupational levels, of persons defined according to the criteria set forth in Article 1. Accordingly, the Committee requests the Government to provide precise information in its next report, including indicators and statistical data, on the impact of the Government's equal opportunity policy on the distribution of the indigenous, black and mestizo population in the various sectors of economic activity and at different occupational levels, as well as on their position in respect of access to occupational guidance, vocational training and employment. Please also provide information on the same points with respect to the situation of women in the Brazilian labour market. The Committee would be grateful if the Government would supply information on any measures taken or contemplated to provide education, occupational guidance and vocational training to enable male and female children belonging to the above minority groups, including those referred to as street children, to enter the workforce in the future.

10. The Committee is addressing a request directly to the Government on other points.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

1. The Committee notes with interest that draft Act No. 8 which repeals the single paragraph of section 482 of the Labour Code (on the dismissal of a worker in respect of whom it has been duly established by administrative enquiry that he has committed acts which prejudice national security), which had been tacitly repealed by the 1988 Constitution, is currently under consideration by the Committee of Social Affairs in the Federal Senate and that any information on the approval of this draft law will be sent to the Committee. The Committee looks forward to receiving this information.

2. Noting the detailed information contained in the report, particularly the report on "The Status of Women in Brazilian Society" which was presented at the Fourth World Conference on Women held in Beijing in 1995, the Committee would like to know how follow up to the Beijing Conference will be ensured in the various government bodies which cover the subject of gender, such as the Ministry of Labour and the Tripartite Working Group for the Elimination of Discrimination in Employment (GTDEO), working jointly with the National Council for the Rights of Women.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes with satisfaction the progress made in both practice and legislation to eliminate the discriminatory practices to which the Committee's previous comments have referred. Similarly, it notes the detailed report and attached documents supplied by the Government.

1. The Committee noted that in March 1996 the Government launched a "National Programme for Human Rights" and the Committee requested information on progress made in fulfilling the objectives of this National Programme that are relevant to the Convention. The Committee notes that in April 1997 a National Department of Human Rights in the Ministry of Justice was set up, responsible for coordinating, administering and monitoring the implementation of the Programme. In addition, the Committee welcomes the campaign "Brazil, Gender and Race -- united for equal opportunities" launched during the seminar held in July 1997 which concluded the last phase of the programme of technical cooperation promoted by the Ministry of Labour, the Ministry of Justice and the Public Prosecutor for Labour Matters, with ILO technical assistance.

2. The Committee welcomes the promulgation of Act No. 9459 of May 1997 amending certain sections of Act No. 7716 which defines crimes resulting from discrimination on grounds of race or colour, imposing more severe sanctions (from one to three years' imprisonment and a fine) and adding other grounds of discrimination such as ethnic origin, religion or national extraction. It also welcomes the establishment of the Multidisciplinary Working Group (GTM), coordinated by the International Department of the Ministry of Labour, with the purpose of sensitizing the various social partners to the problem of discrimination in employment and occupation and ensuring the constant dissemination of the Convention. It also notes that the decision in the first case brought before the labour courts on an appeal for reinstatement by an official who alleged that he was unfairly dismissed from a public enterprise on the ground of race, was upheld by the Higher Labour Tribunal, in third instance, which ordered the reinstatement of the plaintiff. The Committee requests the Government to inform it whether there have been cases based on new Act No. 9459 alleging some of the criteria for discrimination contained in the Convention, in particular, in relation to access to training, employment or terms and conditions of employment.

3. The Committee notes that training courses have been held for labour inspectors in which emphasis has been placed on problems of discrimination in the labour market. It also notes that Bills Nos. 123/92 and 147/95, 715/95 and 129/95 which, as a whole, contain provisions to strengthen the national policy against discrimination, are being studied in the Chamber of Deputies. The Committee requests the Government to inform it in its next report on the progress of these legislative initiatives.

4. With regard to the plans for application of Act No. 9029/95 (on the prohibition to require presentation of a sterilization certificate as a condition for employment), the Committee notes the Government's indication that this Act is being widely disseminated through the latest editions of legal texts, lectures and meetings about the work of the Government in preventing discrimination and at special meetings with the central trade union bodies in the country so that they can inform their members, especially women workers. The Committee would be grateful to receive information in future reports on the impact of these activities.

5. The Committee is addressing a direct request to the Government on other matters.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. With regard to section 482 of the Labour Code (the dismissal of a worker in respect of whom it has been duly established by administrative inquiry that he has committed acts which prejudice national security), the Committee had noted previously that this provision was tacitly repealed by the 1988 Constitution and had encouraged the Government to take measures for its explicit repeal. According to the Government's reports, two texts are currently under discussion to repeal the sole paragraph of section 482: Chamber of Deputies Bill No. 8/95 is now before the Senate; and Bill No. 4783 of 1990 (mentioned in the previous direct request) is now before the Constitution and Justice Committee of the Chamber of Deputies, which is the normal procedure for all texts in the initial stage of the legislative process. The Committee requests the Government to inform it of the adoption of this draft legislation.

2. Regarding the Committee's request for statistics on the distribution of men and women workers in the various jobs in the public sector and their respective levels of responsibility, the Committee notes that detailed data is apparently not kept on this by the statistics authorities. The Committee would be interested in receiving any studies or research which might throw more light on the distribution of men and women in the public sector and, to this end, asks the Government to supply a copy of the national report on the situation of Brazilian women that was prepared for the Fourth World Conference on Women, held in Beijing in September 1995.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee takes note of the Government's various reports and of the comments of the Trade Union of Workers in the Urban Industries of Rio de Janeiro and the Government's reply thereto.

1. The trade union, which covers electricity, gas and environment workers, claims that representatives of financial groups involved in the privatization of the electricity sector (notably the LIGHT-Electricity Services S.A. company), in particular CHILECTRA, have asked LIGHT, through the database of LIGHT employees, to give a selective identification of workers who are black, HIV positive, homosexual or suffer physical handicaps. The trade union considers that this is discriminatory behaviour which, in addition to violating the institutional and policy rules applying to the privatization process under way for LIGHT, directly contradicts the principles contained in the Brazilian Constitution. The trade union asks for support in stopping similar conduct during the privatization process. The Government's reply includes copies of press clippings relating to CHILECTRA's action and of the LIGHT employees' standard personnel form. It explains that LIGHT is a public enterprise whose principles for human resource management include entrance via public competitions in which the principles of legality, administrative morality, neutrality and publicity apply a priori. The Government stresses that the personal information that was supposedly requested does not appear in the personnel forms nor in LIGHT's employee database. The Chilean company has denied ever requesting this type of information, and LIGHT - in an explanatory note published in the major daily newspapers on 29 March 1996 - stated that its administration has strictly respected the procedures established by the managing bodies of the Privatization Programme as regards information and inspection visits. This explanatory note states: "No requests have been received for the supply of information as mentioned in recent press reports." The Committee notes from the copies of the employees' personnel form that information as to their colour, sexual orientation, HIV status or physical disabilities is not recorded on these forms. In view of this, the company's firm denial and the lack of details from the trade union, the Committee finds no support in the information supplied for the allegation that there has been discriminatory conduct contrary to the Convention.

2. National policy against discrimination. The Committee notes that in March 1996 the Government launched a "National Programme for Human Rights", which devotes specific chapters to equality for women, the black population, the disabled and indigenous populations, as well as action to give effect to international instruments including the Convention. Noting that the Ministry of Justice is given responsibility for the implementation of this National Programme and that State Governors are to make quarterly and annual reports on its application in respect of human rights in their States, the Committee would appreciate receiving, in the Government's next report, information on progress in fulfilling the objectives of this National Programme which are relevant to this Convention, namely equality of opportunity and treatment in employment and occupation without discrimination on the grounds of race, colour, sex, religion, political opinion, national extraction and social origin.

3. Discrimination on the basis of race and sex. The Committee has been examining the application of these specific aspects of the Convention in Brazil for a number of years, including a technical advisory mission by the Office to the country in October 1995. It takes note of the detailed information supplied in the Government's most recent reports relating to its renewed efforts to eliminate discrimination in employment on these grounds following that mission. In addition to the above-mentioned human rights initiative, the Government lists: the adoption of a Presidential Decree on 20 November 1995 establishing an Interministerial Working Group to design policies for the improvement of the situation of the black population (which meets regularly to discuss possible action and special measures towards equality of opportunity in the fields of education, labour, health, culture, religion, violence and racism); the passage of Presidential Decree No. 28 of 20 March 1996 to create a tripartite Working Group for the Elimination of Discrimination in Employment and Occupation (GTEDEO) which has been meeting regularly to discuss ways of implementing the Government's anti-discrimination policy, including Act No. 9029 of 13 April 1995; cooperation protocols signed between the Ministry of Justice (using as intermediary the National Council for the Rights of Women) and various other ministries for the improvement of vocational training, education, health and other prospects for women; the training seminar for "multipliers" (trainers) on gender and race issues (organized with ILO technical assistance in May 1996, aimed at sharing with the staff of various government ministries the results of successful affirmative action measures taken in the country for women and blacks); the planning, again with technical input from the ILO, of a major National Seminar on Discrimination for early 1997; and the continuing debate on draft legislation in the National Congress (for example, Bill No. 382-B/91 concerning, inter alia, women's access to the labour market and the granting of tax advantages to employers who give priority to female labour is now before the Senate; Bills Nos. 123/92 and 147/95 which are following their course through the Chamber of Deputies; and Chamber of Deputies Bill No. 715/95, and Senate Bills Nos. 542/91 and 129/95 which are still being discussed in Congress Commissions).

4. Noting that the GTEDEO is responsible for drawing up an action programme to develop an effective policy of specific measures to ensure better application of the anti-discrimination provisions of the national Constitution, the national legislation and the Convention, the Committee asks the Government to continue informing it of the work achieved by the GTEDEO. It would appreciate receiving, in particular, a copy of the final texts of the various Bills before Congress, and details of the plans drawn up for implementing Act No. 9029.

5. The Committee takes note in this connection of the report of the United Nations Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance concerning his mission to Brazil in June 1995 which states "Employment is one field where there is overt racial discrimination" (UN document E/CN.4/1996/72/Add.1 of 23 January 1996, paragraph 48). He lists examples of discrimination in both access to jobs (newspaper advertisements) and terms and conditions of employment (a white worker earns 2.5 times more than a black worker, and four times more than a female black worker). The Committee welcomes the fact that references are made to the ILO Committee of Experts' past observations under this Convention. The Committee also takes note of the concluding observations made by the UN Human Rights Committee after examining Brazil's implementation of the International Covenant on Civil and Political Rights in which it "expresses its concern over the situation of women who, despite some improvements, continue to be the subject of de jure and de facto discrimination, including discrimination in access to the labour market"(UN document CCPR/C/79/Add.66 of 24 July 1996, paragraph 13). The Committee trusts that the Government's political will to improve the situation of women and the black population will be strengthened by the above-mentioned efforts to eliminate race and sex discrimination in employment and occupation.

6. Enforcement of the national policy on equality in employment. The Committee takes note of the information supplied on the organization and functioning of the National Labour Council. The Council, of tripartite composition, advises the Minister of Labour, inter alia, on the implementation in Brazil of ratified international labour standards, and more particularly on policies for the promotion of employment and vocational training. The Government states that it will inform the Committee of its activities in respect of equality policies and the fight against discrimination. The Committee looks forward to receiving this information in the Government's next report.

7. The Committee would also appreciate receiving the information referred to in its previous observation concerning the training courses for labour inspectors, as well as their role in examining complaints of discrimination in employment on all the grounds listed in Article 1, paragraph 1(a) of the Convention (not only sex discrimination cases).

8. The Committee is addressing a request directly to the Government on other matters.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read, in part, as follows:

1. With regard to section 482 of the Labour Code (the dismissal of a worker in respect of whom it has been duly established by administrative inquiry that he has committed acts which prejudice national security), the Committee noted previously that this provision had been tacitly repealed by the enactment of the 1988 Constitution. It recalls that by explicitly repealing this provision it would be possible to dispel any uncertainty as to the grounds of dismissal and that the Government had expressed the intention of doing so. The Committee requests the Government to report the measures which have been taken or are envisaged in this respect. The Government also stated previously that the Chamber of Deputies was examining Bill No. 4783 of 1990 which, inter alia, repeals Act No. 7170 of 14 December 1983 defining crimes against national security. It once again requests the Government to keep it informed of the current situation as regards this Bill and to supply a copy of the text when it has been adopted.

(...)

3. The Committee recalls that Bill No. 1810/91, to amend Act No. 7716 of 5 January 1989 (concerning offences resulting from discrimination based on race or colour) to include as grounds of discrimination, physical appearance, marital status, religion, political opinion, occupational activity, social and work status, had been submitted to the National Congress. The Committee once again requests the Government to supply information on the current situation as regards Bill No. 1810/91 and to supply copies of all texts adopted and the directives issued thereunder which relate to employment.

4. The Committee notes the statistics supplied by the Government concerning the distribution of men and women workers in the public sector. It requests the Government to supply statistics in its next report on the distribution of men and women workers in the various jobs and levels of responsibility.

5. The Committee would be grateful if the Government would also supply information in its next report on any measures which have been taken to effectively promote equality of opportunity and treatment, irrespective of race, colour, sex, religion, political opinion, national extraction or social origin, and the results obtained, particularly with regard to access to vocational training.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. With regard to section 482 of the Labour Code (the dismissal of a worker in respect of whom it has been duly established by administrative inquiry that he has committed acts which prejudice national security), the Committee had noted previously that this provision was tacitly repealed by the 1988 Constitution and had encouraged the Government to take measures for its explicit repeal. According to the Government's reports, two texts are currently under discussion to repeal the sole paragraph of section 482: Chamber of Deputies Bill No. 8/95 is now before the Senate; and Bill No. 4783 of 1990 (mentioned in the previous direct request) is now before the Constitution and Justice Committee of the Chamber of Deputies, which is the normal procedure for all texts in the initial stage of the legislative process. The Committee requests the Government to inform it of the adoption of this draft legislation.

2. Regarding the Committee's request for statistics on the distribution of men and women workers in the various jobs in the public sector and their respective levels of responsibility, the Committee notes that detailed data is apparently not kept on this by the statistics authorities. The Committee would be interested in receiving any studies or research which might throw more light on the distribution of men and women in the public sector and, to this end, asks the Government to supply a copy of the national report on the situation of Brazilian women that was prepared for the Fourth World Conference on Women, held in Beijing in September 1995.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee takes note of the Government's reports, the comments received from the Union of Employees of Banking Establishments of Sao Paolo dated 3 July 1995 and the discussion which took place in the 1995 Conference Committee which led to a technical advisory mission to the country from 16 to 20 October 1995.

1. The Committee notes with interest that the technical mission to the country enhanced social dialogue on the need for a more comprehensive and cohesive national policy for the promotion of equality in employment and occupation and for the better implementation of that policy. Noting that the Government is now to undertake a nationwide consultation process, linked to its legislative activities for women workers' rights and against racism (discussed below), the Committee requests the Government to inform it of developments in the consultations and the outcome of the proposed national seminar to be held in April 1996, involving the social partners and other interested bodies, to elaborate the national policy on equality in employment.

2. Discrimination on the basis of sex. The Committee notes with satisfaction that legislation prohibiting employers from requiring a medical certificate attesting to the sterilization of women workers was adopted as Act No. 9029 on 13 April 1995 and contains strong penalties (imprisonment of one to two years; an administrative fine; and exclusion from government loans and financing). The Committee notes that Bill No. 667/91 was shelved since its provisions were encompassed by the new Act No. 9029. According to the report, the Government has held two meetings with the unions to discuss machinery for compliance with Act No. 9029. The Committee asks to be kept informed of the results of these consultations.

3. The above-mentioned Union of Employees of Banking Establishments alleges sex discrimination by the Bradesco Bank when it dismissed a female employee. The Committee notes that the Government reports that this dismissal was part of a retrenchment policy being carried out at that time by the Bank, affecting 44 members of staff of the Bank, seven of whom are from the same branch office as the person mentioned by the Union, without discrimination on the basis of sex.

4. The Committee notes that the draft legislation to establish a Fund for the Vocational Training of Women, referred to in its previous observation, has been redrafted as Senate Bill No. 147/95 to establish measures for protecting the access of women to the labour market through specific incentives and is being discussed by committees of the federal Senate. The Committee also notes that Chamber of Deputies Bill No. 382-B of 1991 on women's access to the labour market bans sex discrimination in employment and provides for a number of labour market policies to promote women's employment. The Committee would appreciate receiving information on the passage of these Bills, together with copies of the final texts.

5. Discrimination on the grounds of race, colour or national extraction. The Committee had requested information on measures taken to strengthen the observance of the anti-discrimination laws in this respect, particularly in view of the Government's previous report according to which only two cases concerning employment discrimination against blacks and mulattos had been lodged with the various authorities. The Government replies that Bill No. 123/92 to give application to the constitutional principle of equality and to eliminate the practice of racism is currently in the final stages of approval before Parliament. This legislation will also include strong penalties for violation of the law (imprisonment of one to two years; an administrative fine; and, in the case of the public service, administrative inquiry into the discriminatory practice and possible dismissal). The Committee notes that other drafts, such as Chamber of Deputies Bill No. 1810/91 (mentioned in the previous direct request), Bill No. 715 of 1995 to amend the Racism Act No. 7716 of 1989, Senate Bills Nos. 542 of 1991, 14 of 1995 and 129 of 1995, and proposals dated 9 July 1993 for reform of the Penal Code, also contain elements of a national policy against racial discrimination. The Committee trusts that the Government will inform it soon of the adoption of this legislation, in particular Bill No. 123, and that it will send a copy of the final texts.

6. Enforcement of the national policy on equality in employment. Regarding the role of workers' and employers' organization in enforcing anti-discrimination legislation, the Committee notes that the National Labour Council has been reactivated by Decree No. 1617 of 4 September 1995 and is to have its first meeting before the end of 1995. It will serve as a tripartite negotiating forum for implementing a new labour relations system. The Committee would appreciate receiving information on this body's treatment of equality issues, both within the specific context of collective bargaining (such as equal pay, parental leave, etc.) and as general workplace issues (such as sexual harassment). The Government also refers to the role of the social partners in the technical seminar on the Convention which took place during the mission to the country as proof of the dynamic approach to cooperation with workers' and employers' organizations in the implementation of the Convention.

7. The Committee notes the description of enforcement procedures outlined in the report (labour inspection; Public Ministry of Labour "public civil inquests" under Instruction No. 1 of 1993; complaint to the Attorney General for Labour). The Committee also notes Ministerial Decree No. 1006 of 5 October 1995 aimed at improving training courses for labour inspectors who deal with, inter alia, women workers, as well as the information obtained during the technical mission to the country concerning recent judicial decisions awarding redress to victims of racial or sex discrimination in employment. The Committee would appreciate receiving information on the functioning of these various bodies in the elimination of discrimination in employment and occupation on all the grounds listed in Article 1, paragraph 1(a) of the Convention: race, colour, sex, religion, political opinion, national extraction and social origin.

8. The Committee is addressing a request directly to the Government on other points.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

1. The Committee notes the information provided in the Government's report, and that supplied at the Conference Committee in 1994 and the debate that followed.

2. Discrimination based on sex. The Committee notes that, despite the detailed information provided on administrative and statutory provisions to ban discrimination based on sex, the Conference Committee keenly regretted that Bill No. 229/91 (prohibiting employers from requiring a medical certificate attesting to the sterilization of women workers, which constitutes discrimination on the ground of sex in respect of access to employment) has still not been adopted. It notes that, according to the Government's report, this Bill has reached the last stage of the enactment procedure, namely debate in the Federal Senate. In view of the fact that the Government representative at the Conference Committee expressed the hope that the Bill would become law in 1995, the Committee hopes that the Government will provide information in its next report on the adoption of Bill No. 229/91, as well as Bill No. 667/91 which prohibits the employer or a person acting on the employer's behalf from requiring a gynaecological examination of female officials.

3. With regard to equal access to vocational training, the Committee notes the information supplied in the report to the effect that Bills Nos. 45/91 and 52/91 were submitted to the Chamber of Deputies, and are to establish the Fund for the Vocational Training of Women, to be linked to the Ministry of Labour and governed by a board on which the public authorities and women's associations will be equally represented. Please provide information on the adoption of these Bills, together with copies of them.

4. Discrimination on grounds of race, colour or national extraction. With reference to the employment situation of Blacks and Mulattos, the Committee notes the information supplied by the Government representative to the Conference Committee, which is repeated in the Government's report, to the effect that only two complaints of racial discrimination were submitted to the Ministry of Labour. The first, in the state of Bahia, was considered to be irreceivable, and the second, which concerned discrimination in a job advertisement, was settled by the removal of the offending words.

5. Noting that the Government representative referred to the role of workers' organizations in enforcing observance of anti-discrimination laws, the Committee asks the Government to send detailed information in its next report on the measures that have been taken to strengthen the supervisory machinery, with examples if possible of the action taken by the unions, including the Unique Workers' Central (CUT), to protect the rights of workers, so that they are not subjected to discrimination in their employment on grounds of their colour, race or national extraction.

6. Please indicate also the measures taken to pursue a policy of protection against discrimination based on colour, referred to in the Government's report as "one of the principal demands that have been discussed with the Black movements in the country".

7. General policy on equality in employment. The Committee notes the information on the national policy to promote equality of opportunity and treatment in employment, and takes particular note of the statement made by the Government representative regarding the problems of monitoring and investigating infringements of the law in practice. Consequently, the Committee asks the Government to provide information on the work of the National Labour Council (CNTb) and its results in this area (breaches of contract, agreements reached, appeals to courts).

8. Lastly, the Committee regrets that such serious problems exist in practice despite the legislation in force against discrimination in employment. It recalls that the Government representative mentioned that in May 1994 the Ministry of Labour agreed to the ILO's offer of a technical assistance mission. The Committee asks the Government to provide information on the results of this technical cooperation, which it recalls was proposed by the Conference Committee in 1994.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Further to its previous direct requests, the Committee notes the statistics contained in the Government's report. It regrets that the Government has not supplied the information requested on a number of points.

1. With regard to section 482 of the Labour Code (the dismissal of a worker in respect of whom it has been duly established by administrative inquiry that he has committed acts which prejudice national security), the Committee noted previously that this provision had been tacitly repealed by the enactment of the 1988 Constitution. It recalls that by explicitly repealing this provision it would be possible to dispel any uncertainty as to the grounds of dismissal and that the Government had expressed the intention of doing so. The Committee requests the Government to report the measures which have been taken or are envisaged in this respect. The Government also stated previously that the Chamber of Deputies was examining Bill No. 4783 of 1990 which, inter alia, repeals Act No. 7170 of 14 December 1983 defining crimes against national security. It once again requests the Government to keep it informed of the current situation as regards this Bill and to supply a copy of the text when it has been adopted.

2. With regard to monitoring the application of Act No. 7437 of 20 December 1985, which prohibits discrimination on grounds of race, colour, sex or marital status in respect of access to training and employment and establishes criminal penalties in this respect, the Committee notes the difficulties referred to by the Government and the measures adopted to resolve them (see point 4 of its observation). In particular, the Committee refers to the establishment of the National Labour Council and to the Government's statement that cases of discrimination are dealt with by a special unit set up under that Council. It hopes that the activities of this tripartite body will result in the greater effectiveness of the labour inspection services in the field covered by the Convention and that they will ensure the effective application of the relevant legal provisions. The Committee requests the Government to supply information on the complaints made concerning discrimination, the inquiries carried out on the cases which are reported and the application of the penal sanctions set out in the law.

3. The Committee recalls that Bill No. 1810/91, to amend Act No. 7716 of 5 January 1989 (concerning offences resulting from discrimination based on race or colour) to include as grounds of discrimination, physical appearance, marital status, religion, political opinion, occupational activity, social and work status, had been submitted to the National Congress. The Committee once again requests the Government to supply information on the current situation as regards Bill No. 1810/91 and to supply copies of all texts adopted and the directives issued thereunder which relate to employment.

4. The Committee notes the statistics supplied by the Government concerning the distribution of men and women workers in the public sector. It requests the Government to supply statistics in its next report on the distribution of men and women workers in the various jobs and levels of responsibility.

5. The Committee would be grateful if the Government would also supply information in its next report on any measures which have been taken to effectively promote equality of opportunity and treatment, irrespective of race, colour, sex, religion, political opinion, national extraction or social origin, and the results obtained, particularly with regard to access to vocational training.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the Government's report and the attached statistics. It also notes the information supplied by a Government representative to the Conference in 1993 and the ensuing discussion.

It recalls that its previous comments related particularly to the following points:

- situations of discrimination in employment and in the distribution of income between men and women and between whites, blacks and mulattos;

- the requirement by many employers of certificates attesting to the sterilization of women who seek employment or wish to keep their jobs; and

- the absence of a national policy to promote equality of opportunity and treatment in employment.

The Committee notes that the Government recognizes the existence of serious situations of discrimination in the country and that it intends to take various measures to remedy the situation. It notes that, according to the Government, the problems referred to affect in particular the private sector and that gaps in the legislation favour discriminatory practices. The Committee notes that the Government is prepared to adopt an active policy to combat discrimination and to improve the law. It also notes that the Ministry of Labour's current action plan includes modernizing industrial relations, and in so doing eliminating all forms of discrimination in employment which still persist in the country.

1. With regard to discrimination on the basis of race and racial inequalities on the labour market and in employment, the Committee notes that, with reference to the information provided in 1992 by the Trade Union of Bank Employees of Florianopolis and Regiao and by the Unique Workers' Central (CUT), based on the statistics of the Centre for Research on Labour Relations and Inequalities (CEERT), a national commission to combat racial discrimination has been established by the CUT to eliminate discrimination, particularly at the workplace. The Committee regrets that the Government's report does not contain specific comments on the communications from these trade union organizations, but confines itself to referring once again to the constitutional and legal provisions which prohibit and punish racism and discrimination. However, it notes that the Government considers that, in order to improve the situation referred to in these communications, it is indispensable for the citizens to participate by denouncing violations of their rights in respect of equality in employment.

In this respect, the Committee draws the Government's attention to Article 3(b) of the Convention, under which each State which ratifies the Convention has an obligation to promote educational measures to secure the acceptance and observance of the national policy of equality set out in Article 2. The information and education of the public can be undertaken by specific programmes, such as those referred to in paragraphs 231 to 236 of the 1988 General Survey on Equality in Employment and Occupation, to which the Government is requested to refer. The Committee notes with interest that the CUT intends to request ILO assistance for the organization of national seminars, workshops and meetings designed to spread awareness of the principles set out in the Convention. It hopes that such activities will be carried out and that the Government will take the necessary specific measures to encourage the information and education of the public in the field of discrimination.

2. With regard to the application of the Convention in respect of women and, in particular, the massive sterilization of Brazilian women resulting from the requirements of employers, the Committee notes that the Government recognizes the existence of a problem but that to its knowledge no complaint has been made. It also notes that during the discussion in the Conference, it was pointed out that, despite the progress made at the legislative level to protect women against discrimination, employers in Brazil continue to require certificates attesting to the sterilization of women and marriage certificates before recruiting them, and that requirements based on sex still exist for certain functions.

In its previous observation, the Committee noted Bill No. 229/91 which would prohibit employers from requiring a candidate to employment to present a medical certificate attesting to the fact that she is not pregnant or has been sterilized, an amendment to which (arising out of Bill No. 677/91 which would prohibit the gynaecological examination of female officials at the request of their employer or a person acting on the employer's behalf) prohibits employers from encouraging the practice of sterilization or other methods of birth control, which are the responsibility of the services provided by the State. The Committee notes that this Bill, concerning which the Reporter of the Commission for Labour, the Administration and the Public Service had issued a favourable opinion on 11 February 1992, is still under examination by this Commission of the Chamber of Deputies. Other draft legislation intended to impose severe sanctions on employers who follow this type of practice, to eliminate other discriminatory practices in respect of women and to encourage the employment of women (in particular, Bills Nos. 3032/92 and 127/92), are either under examination or are being formulated.

The Committee urges that the legal provisions referred to by the Government, which are indispensable to provide women with effective protection against any discrimination in employment or in access to employment, particularly with regard to their capacity to procreate, will be adopted without any delay. It requests the Government to inform it in its next report of developments in this respect and to forward copies of the legislative texts as soon as they are adopted.

3. The Committee notes from the statistics supplied with the report that substantial differences exist between the wages of men and women. The Committee notes that these inequalities are closely related to the general situation referred to in its comments. It would be grateful if the Government would indicate, in the context of Convention No. 100, which has also been ratified by Brazil, the measures which it intends to take in this field in order to promote the employment of women at all levels and remedy differences in the wages of men and women workers, which are often caused by the concentration of women workers in the lowest paid sectors and jobs.

4. With regard to the application of the laws and regulations which are in force, the Committee notes the statement made by the Government concerning the difficulties involved in supervising and inquiring into violations of the law. It refers, by way of illustration, to a survey of discriminatory practices in the recruitment of women in enterprises in Sao Paulo, launched by the Ministry of Labour of that State at the initiative of a woman member of Parliament, which could not be undertaken due to a lack of any specific complaints. The Committee notes that, according to the Government, in most cases of discrimination the victims refuse to be identified out of fear of reprisals and also because they entertain doubts as to the effectiveness and impartiality of the public authorities. The Committee also notes the explanations provided by the Government concerning the gravity of the economic and social situation of the country.

The Committee notes with interest that, in part with a view to resolving this situation, the National Labour Council (CNTb) has been established and held its first meeting on 27 May 1993. It is a tripartite body responsible for matters relating to employment in the country and one of its tasks is to combat vigorously all forms of discrimination, on the grounds that the enjoyment of their rights by citizens is one of the priority objectives of the Ministry of Labour.

The Committee requests the Government to supply information with its next report on the activities of the CNTb and on the results in practice of its activities to eliminate any form of discrimination in employment in both law and practice. It hopes that the initiatives which have been taken by the Government to remedy inequalities based on sex and race will be followed by the adoption of a national policy to promote equality of opportunity and treatment and by an information campaign for the persons exposed to discriminatory practices and for employers who infringe the law (see point 1 above). The Committee draws the Government's attention to the General Survey referred to above and in particular to paragraphs 157 to 169. It trusts that in its next report the Government will supply information on the adoption of a national policy to promote equality of opportunity and treatment, in accordance with Article 2 of the Convention, and on any measure taken to give effect to the Convention.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous direct requests, the Committee notes the information contained in the Government's report and the attached documentation.

1. The Committee notes the Government's statement that section 482, sole subsection, of the Labour Code is of no force in light of the Constitution of 1988. The Committee requests the Government to communicate a copy of the legislation which expressly repealed this section. The Committee also notes the Government's indication that the Chamber of Deputies is processing Bill No. 4783 of 1990 which, inter alia, repeals Act No. 7170 of 14 December 1983 defining crimes against national security. It requests the Government to provide information on the outcome of Bill No. 4783, including a copy of the text adopted.

2. The Committee notes the copies of orders from the Office of Regional Prosecutor of the Second Region, provided by the Public Labour Ministry, to investigate allegations of discrimination in employment and to pursue a cause of action against an employer charged with violating the provisions of Act No. 7437 of 20 December 1985, which prohibits discrimination based on prejudice concerning race, colour, sex or marital status, in access to training and employment. The Committee requests the Government to supply information on the enforcement activities of the appropriate body (the labour inspectorate, the Council for the Protection of Human Rights and the Department of Citizenship Matters) of Act No. 7437, together with statistical data indicating the number of claims specifically alleging discrimination based on any grounds, their investigation and outcome, as well as the penalties imposed.

3. The Committee notes with interest Draft Bill No. 1810/91 to amend Act No. 7716 of 5 January 1989 (concerning offences resulting from discrimination based on race or colour) to include as bases of discrimination, physical appearance, civil status, religion, political opinion, work or social condition. It requests the Government to provide information on the status of Bill No. 1810/91, as well as copies of any texts adopted and any implementing guidelines having a bearing on employment.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

1. Having noted in its previous comments that the reports of the Government merely quoted the provisions of the national legislation and stated that there was no need to take educational or other measures or to collect statistics as there was no discrimination in employment and occupation in the country, the Committee had observed that a State which ratifies the Convention undertakes not only to ensure that national legislation is in conformity with the Convention, but also to pursue an active policy and take practical measures to ensure equality of opportunity and treatment in the employment and activities under its control, and to promote this principle in respect of other employment and activities.

In its last report, the Government refers to the existence of situations of de facto discrimination in employment and in the distribution of income between men and women and between whites, blacks and mulattos. The report contains statistics documenting such discrimination, which is even more pronounced for black women and, among the factors responsible for this situation, mentions the application of austerity programmes of structural adjustment imposed on the Government, which aggravated social imbalances.

Similar information is contained in communications which were received in September and October 1992 from the Trade Union of Bank Employees of Florinaopolis and Regiao and the United Workers' Central (CUT). These communications, which were transmitted to the Government for its comments, referred to statistical data collected by the Center for Research on Labour Relations and Inequalities (CEERT) on racial inequalities in the labour market as evidence of non-compliance with the Convention.

The Committee takes note of this information. It hopes that the Government will supply its comments on the communications referred to above so that they may be examined at the Committee's next session. It also requests the Government to indicate the measures taken or envisaged to study further the extent and causes of inequalities based on race and sex and the positive measures taken or envisaged in the fields mentioned in Article 1, paragraph 2, of the Convention so as to ensure and promote equality of opportunity and treatment in accordance with the Convention. In particular, the Committee would appreciate information on the policies and measures which are applied by the Government in the sectors of employment under its control, including statistics, broken down by race and sex, on the composition of the workforce in the public sector, by occupations and levels of responsibilities.

2. The Committee notes from a report presented to the Federal Senate by a Joint Parliamentary Committee of Investigation on the Incidence of Massive Sterilization of Brazilian Women that 27 per cent of Brazilian women of reproductive age were sterilized in 1986 and that numerous employers, with impunity, require women seeking employment or wishing to keep their jobs to furnish certificates attesting to their sterilization.

The Committee observes that this requirement constitutes discrimination under the terms of the Convention, to the extent that it is imposed on individuals of a particular sex who must furnish proof of their sterility in order to be employed. It trusts that the Government will take all appropriate steps to put an end to these practices.

Noting from the Government's report that the Rapporteur of the Labour Administration and Public Service Commission has approved the draft texts of Bill No. 229/91 (providing that it is unlawful for employers to require a candidate for employment to present a medical certificate attesting to her sterility or pregnancy) and Bill No. 677/91 (stating that it is unlawful for an employer or for a person acting on the employer's behalf to perform a physical examination of any female official), the Committee requests the Government to provide information on the status of Bills Nos. 229/91 and 677/91 as well as copies of any texts adopted, and on the measures taken to ensure their strict enforcement.

The Committee also notes with interest Law No. 11081 of 6 September 1991 and Decree No. 30497 of 6 November 1991, of the Municipality of Sao Paulo, which empower the Municipality of Sao Paulo to impose sanctions on commercial or industrial establishments and entities, as well as civil associations or societies which have restricted a woman's right to employment, in particular, by requiring a pregnancy test or proof of sterilization in order to be hired or to remain employed or by requiring gynecological examinations on a periodic basis as a condition for maintaining employment, and by discriminating against married women or mothers in employment selection or dismissal. The sanctions, which may be imposed cumulatively, comprise a warning, a fine, temporary suspension of operations or permanent withdrawal of the authorization to operate. The Committee requests the Government to supply information on the practical application of Municipal Law No. 11081 of 6 September 1991 and Decree No. 30497 of 6 November 1991, including the sanctions imposed where an employer has asked women for proof of sterility or pregnancy in order to be employed. The Committee would also be grateful to receive information on other legislation, and its enforcement, adopted at the state and local levels expressly prohibiting employers from requiring current and prospective women employees to furnish proof of sterility or pregnancy.

3. The Committee notes the Government's statement in the report that, in view of the serious repercussions of the recession on the labour market, there is a clear need to adopt a general employment policy in conjunction with a policy for promoting greater awareness of the rights of the citizens. Recalling that under Article 3(b) of the Convention, a ratifying State must promote such educational programmes as may be calculated to ensure the acceptance and observance of the policy of equality of opportunity and treatment in employment, the Committee requests the Government to provide information on the measures taken or envisaged, both at the federal and state levels, to increase awareness and ensure observance of the principles of non-discrimination and of equality protected by the Convention.

[The Government is asked to supply full particulars to the Conference at its 80th Session and to report in detail for the period ending 30 June 1993.]

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee refers to its observation, and hopes that the Government's next report will contain full information on the questions raised in its previous direct request, which read as follows:

1. With reference to its previous comments concerning the sole subsection of section 482 of the Labour Code (the dismissal of a worker for the perpetration, duly proved by administrative inquiry, of acts endangering national security), the Committee notes the Government's statement to the effect that this provision, which is not applied in practice, will certainly be abolished since the Code is due to be revised. The Committee trusts that the Government will take the necessary measures to formally repeal the sole section of section 482 so as to remove all uncertainty concerning grounds for dismissal, and it hopes that it will be kept informed of all progress achieved in this respect. The Committee once again requests the Government to inform it whether the Bill respecting the defence of the democratic State, which provides for the repeal of Act No. 7170 of 14 December 1983 defining crimes against national security, has yet been adopted.

2. The Committee notes the Government's indications that it has no information concerning the application of Act No. 7437 of 20 December 1985, which includes acts of discrimination based on prejudice concerning race, colour, sex or marital status, among other penal offences.

The Committee once again requests the Government to supply information on the practical application of Act No. 7437, particularly in respect of the cases that have resulted in the application of sections 7, 8 and 9 concerning penalties imposed for acts conflicting with the principle of the prohibition of discrimination in access to training and employment. The Committee would also be grateful to receive information on the activities of the Council for the Defence of Human Rights, and particularly the activities of the section set up to investigate discriminatory acts on any ground whatever.

3. The Committee notes the Government's statement that the project "Racial discrimination in the labour market" has been suspended. The Committee once again requests the Government to supply information on any progress made concerning the above subject and on any other measure that has been taken or is envisaged in order to implement the principle of equality set forth in the Convention.

4. The Committee notes with interest Act No. 7716 of 5 January 1989 respecting offences resulting from discrimination on grounds of race or colour and requests the Government to supply information on its practical application.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that the Government's last report contains no reply to the points raised in its previous direct request and only indicates that there is no discrimination in employment and occupation in the country, quoting the provisions of the national legislation. As regards Article 3(b) of the Convention, the Government states that educational campaigns against discrimination in employment and occupation are pointless as Brazil is a country where discriminatory policies, whatever their nature, meet with no response. With regard to Article 3(c), it states that there is no need to change the legislation in force for the Convention to be observed. With regard to Article 3(f), it states that no distinction, exclusion or preference is made in Brazil and that there is therefore no need to collect statistics, etc. in this respect.

The Committee observes that a State which ratifies the Convention undertakes not only to ensure that national legislation is in conformity with the Convention, but also, under Article 3, to promote such educational programmes as may be calculated to secure the acceptance and observance of the national policy to promote equality of opportunity and treatment (paragraph (b)), to pursue this policy in respect of employment under its control and in the activities of vocational guidance and placement services under the direction of a national authority (paragraphs (d) and (e)), and to indicate in its annual reports the action taken in pursuance of the policy and the results secured (f). In other words, it must pursue an active policy and take practical measures to ensure equality of treatment in the employment and activity under its control, and to promote it in respect of other employment and activities.

As regards the conformity of the national legislation with the Convention, the Committee recalls that in its previous comments it drew attention to the need to repeal expressly only that paragraph of section 482 of the Labour Code, concerning the dismissal of a worker for the perpetration, duly proved by administrative inquiry, of acts endangering national security, and requested information on the progress of a Bill to repeal Act No. 7170 of 14 December 1983 defining crimes against national security.

With regard to national practice, the Committee recalls that in earlier comments, it referred to a study by the Brazilian Institute of Geography and Statistics, which revealed that Blacks and Mulattos are paid less than Whites in all occupational categories and that their level of education was also clearly lower. It also noted a project in the Ministry of Labour's Programme of Action for 1987, to examine the institutional mechanisms of discrimination in the labour market.

The Committee trusts that in its next report the Government will provide the information requested in the direct request of 1990. It would also be grateful if the Government would provide detailed information, in accordance with the report form for the Convention, on the actual situation regarding vocational training, employment and occupation of persons defined according to the criteria set out in Article 1, paragraph 1(a), of the Convention, particularly colour and sex, and describe the results of measures taken in pursuance of the national policy of equality of opportunity and treatment, and supply any information available (such as reports, studies, statistics, etc.) showing any changes which may have occurred in regard to the vocational training, employment and conditions of employment, in the various branches of activity and at various occupational levels, of the persons defined according to the above criteria.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the Government's report.

1. With reference to its previous comments concerning the sole subsection of section 482 of the Labour Code (the dismissal of a worker for the perpetration, duly proved by administrative inquiry, of acts endangering national security), the Committee notes the Government's statement to the effect that this provision, which is not applied in practice, will certainly be abolished since the Code is due to be revised. The Committee trusts that the Government will take the necessary measures to formally repeal the sole section of section 482 so as to remove all uncertainty concerning grounds for dismissal, and it hopes that it will informed of all progress achieved in this respect. The Committee once again requests the Government to inform it whether the Bill respecting the defence of the democratic State, which provides for the repeal of Act No. 7170 of 14 December 1983 defining crimes against national security, has yet been adopted.

2. The Committee notes the Government's indications that it has no information concerning the application of Act No. 7437 of 20 December 1985, which includes acts of discrimination based on prejudice concerning race, colour, sex or marital status, among other penal offences.

The Committee once again requests the Government to supply information on the practical application of Act No. 7437, particularly in respect of the cases that have resulted in the application of sections 7, 8 and 9 concerning penalties imposed for acts conflicting with the principle of the prohibition of discrimination in access to training and employment. The Committee would also be grateful to receive information on the activities of the Council for the Defence of Human Rights, and particularly the activities of the section set up to investigate disciminatory acts on any ground whatever.

3. The Committee notes the Government's statement that the project "Racial discrimination in the labour market" has been suspended. The Committee once again requests the Government to supply information on any progress made concerning the above subject and on any other measure that has been taken or is envisaged in order to implement the principle of equality set forth in the Convention.

4. The Committee notes with interest Act No. 7716 of 5 January 1989 respecting offences resulting from discrimination on grounds of race or colour and requests the Government to supply information on its practical application.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

With reference to its previous comments, the Committee notes with satisfaction that Act No. 7855 of 24 October 1989, to amend the Consolidation of Labour Laws, has repealed section 446 thereof, which entitled the husband to demand the cancellation of the contract of employment of his wife if its continuance would constitute a menace to the family tie.

The Committee is also addressing a request directly to the Government concerning other aspects of the application of this Convention.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that the Government's report does not reply to the questions that have been raised by the Committee in its comments for several years.

1. In its previous comments, the Committee referred to section 482, sole subsection, of the Labour Code, under which the perpetration, duly proved by administrative inquiry, of acts endangering national security constitutes just cause for the dismissal of an employee. The Committee observed that a provision of this kind leaves a wide margin regarding the reason that may be invoked for dismissal. The Committee requested the Government to furnish information enabling it to assess the scope of the provision. The Committee noted that, according to the Government, since acts endangering national security are the subject of special laws, the sole subsection of section 482 has not been applied in practice.

The Committee noted the Bill respecting the defence of the democratic State, published in the Official Gazette of 29 January 1986, which provides for the repeal of Act No. 7170 of 14 December 1983, defining crimes against national security. The Committee requests the Government to state whether this draft has been adopted and to take the necessary measures to remove all uncertainty concerning the scope of the single subsection of section 482 of the Labour Code.

2. The Committee noted Act No. 7437 of 20 December 1985, which includes acts of discrimination based on prejudice concerning race, colour, sex or marital status, among other penal offences. This Act brings up to date Act No. 1390 of 3 July 1951. Under section 7 of Act No. 7437 simple imprisonment of from three months to one year and a fine are imposed on any person who refuses to register a candidate for entry to an educational establishment of any type or level on the grounds of race, colour, sex or marital status. If the establishment is an official one, the sentence will be the removal of the official from his post. Section 8 provides for the dismissal of an official who obstructs the access of a person to a public civilian or military post on the same grounds. Under section 9, a person who refuses access to employment or work in autonomous state bodies, semi-state companies, undertakings providing public services or private undertakings on the grounds of race, colour, sex or marital status can be punished with simple imprisonment of from three months to one year and a fine.

The Committee also noted that a section had been set up under the Council for the Defence of Human Rights (established by Act No. 4319 of 16 March 1964) to investigate accusations brought for acts of discrimination on any ground whatever (CERD/C/149/Add.3).

The Committee requests the Government to supply information on the practical application of Act No. 7437, particularly in respect of the cases that have resulted in the application of sections 7, 8 and 9 concerning penalties imposed for acts conflicting with the principle of the prohibition of discrimination in access to training and employment. The Committee would also be grateful to receive information on the activities of the Council for the Defence of Human Rights, and particularly those of the section set up to investigate discriminatory acts on any ground whatever.

3. The Committee noted certain information published in the Social and Labour Bulletin of the ILO (SLB 2/86) on the basis of a study carried out by the Brazilian Institute of Geography and Statistics "O lugar do negro na foróa de trabalho" in 1985.

With reference to the distribution of employment, it is observed that 8.5 per cent of the White population follow occupational activities of a higher level, whereas the figure for the Black population is 1.1 per cent. With regard to education, the data indicate that the highest rate of illiteracy is to be found among the Black and Mulatto population, irrespective of age group or sex. An analysis of the average income of workers in relation to the duration of studies shows that at the same level of schooling the income of the Black population is 40 to 60 per cent of that of the White population.

The Committee notes with interest the project "Racial discrimination in the labour market" contained in the 1987 plan of activities of the Ministry of Labour (attached to the report transmitted by the Government on Convention No. 142). The project proposes to examine the institutional mechanisms of discrimination in the labour market.

The Committee requests the Government to supply information on the implementation of the above project and on any other measure that has been taken or is envisaged in order to implement the principle of equality set forth in the Convention.

4. The Committee notes that section 446 of the Consolidation of Labour Laws (CLT) entitles the husband to bring an action for the cancellation of the contract of employment if its continuance would constitute a menace to the family tie.

The Committee refers to paragraphs 38 et seq. of its 1988 General Survey on Equality in Employment and Occupation in which it refers to the archaic and stereotyped concepts which give rise to acts of discrimination on grounds of sex and which result in the nullification or impairment of equality of opportunity and treatment.

The Committee points out that, in accordance with Article 3(c) of the Convention, each Member for which it is in force undertakes, by methods appropriate to national conditions and practice, to repeal any statutory provisions and modify any administrative instructions or practices which are inconsistent with the principles of equality set out in the Convention.

The Committee requests the Government to supply information on the measures that have been taken or are envisaged to bring the national legislation into accordance with the Convention, and to indicate the progress achieved in this respect.