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Comments adopted by the CEACR: Cuba

Adopted by the CEACR in 2022

C105 - Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Impact of penal sanctions that involve compulsory labour on the application of Article 1(a) of the Convention. The Committee previously noted that work performed by prisoners is voluntary (section 30(21) of the Penal Code, as updated in 2020). It noted that sections 32 and 33 of the Penal Code establish the penalty of correctional labour as an alternative to imprisonment, and that these provisions do not set out the need to obtain the consent of the prisoner for the application of this penalty. The Committee also observed that the crimes of the dissemination of false news (sections 103(2) and 115), insulting authorities or officials (section 114(1)), defamation (sections 204 and 318), libel (section 319) and slander (section 320) give rise to penalties of short-term imprisonment which could be substituted by the courts with correctional labour sentences. In this regard, the Committee previously recalled that Article 1(a) of the Convention protects persons who express political views or opposition to the established political, social or economic system against the imposition of any form of compulsory labour, including compulsory prison or correctional labour, and it requested the Government to indicate how a person sentenced to correctional labour can express consent to that penalty and the consequences of a refusal by a convicted person to carry out correctional labour.
The Committee notes the Government’s reiterated indication in its report, in relation to the penalty of correctional labour, with or without detention, that if the prisoner wishes to work, it is necessary to inform the collective leader, who forwards the request. The Government specifies that, in accordance with the Penal Code, if the convicted person refuses to comply with the requirements of the penalty of correctional labour or, during its performance, fails to carry it out or hinders its performance, or if the person is sentenced to imprisonment for another offence, the court will order the completion of the original sentence of imprisonment, which does not involve compulsory labour.

C138 - Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 2 of the Convention. Scope of application. The Committee notes the Government’s indication in its report that Article 66 of the Constitution of the Republic, adopted in 2019, prohibits work by children and young persons, and that the State provides special protection for young persons engaged in technical and vocational or other types of training who, in exceptional circumstances set out in the law, are authorized to undertake work with a view to ensuring their overall training and development. It takes due note of the adoption of Legislative Decree No. 44/2021 on the exercise of own-account work, section 3(2) of which permits the engagement on an exceptional basis of young persons of 15 and 16 years of age in own-account work in accordance with the provisions of Act No. 116 issuing the Labour Code, including the prohibition for persons under 18 years of age to perform work in which they are exposed to physical and psychological hazards (section 68 of the Labour Code).
Article 9(1). Sufficiently effective and dissuasive penalties. The Committee notes the adoption of Legislative Decree No. 45/2021 on personal penalties in the exercise of own-account work. Sections 11(1) and 13 of the Decree provide for a financial penalty and the definitive annulation of the project to the exercise of own-account work for any person who employs persons under 15 years of age or young persons of 15 or 16 years of age without the exceptional authorization required by the Labour Code. The Committee requests the Government to indicate whether sections 11(1) and 13 of Legislative Decree No. 45/2021 have been applied in cases of own-account workers who have employed persons under 15 years of age, with an indication of the number of offences detected and the penalties imposed.

C182 - Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 3(a) and 7(1) of the Convention. Worst forms of child labour. Penalties. 1. Sale and trafficking of children. The Committee previously noted that section 316 of the Penal Code establishes penalties of imprisonment for the sale and transfer of persons under 16 years of age, including under any of the forms of international trafficking related to acts of corruption, pornography, prostitution and forced labour. In this regard, the Committee recalled that the Convention protects all persons under 18 years of age from the sale and trafficking of persons for sexual or labour exploitation and requested the Government to adopt the necessary measures to ensure that children between the ages of 16 and 18 years also benefit from this protection.
The Committee takes due note of the full information provided by the Government in its report on the prevention of the trafficking of children and young persons, and particularly that: (i) the Ministry of Education has taken action to increase knowledge by managers and teachers of the crime of trafficking in persons, with a view to achieving greater precision in the identification and care provided to children and young persons; (ii) the Office of the Public Prosecutor has issued internal rules and procedures to improve the action taken to address the crime of trafficking in persons and protect victims under 18 years of age; and (iii) the Ministry of Public Health has undertaken information campaigns on indicators of possible victims of trafficking in persons. The Committee also notes the Government’s indication that 25 victims of trafficking in persons for sexual and labour exploitation were identified in 2019, of whom nine were children.
With reference to the establishment of criminal penalties, the Committee notes that, although section 302(3) of the Penal Code provides for sentences of imprisonment for the crime of organizing or inciting the entry or exit from the country of persons (of any age) for the purpose of them engaging in prostitution, the Government has not provided information on the legislative provisions which penalize trafficking in persons between the ages of 16 and 18 years for labour exploitation or the internal trafficking of such persons for sexual exploitation. In this regard, the Committee notes that the United Nations Special Rapporteur on trafficking in persons, especially women and children, in her 2018 report on her mission to Cuba, indicated that children are subject to internal trafficking for sexual exploitation, including children as young as 10 who are forced by family members or close relatives to have sexual relations with Cuban and foreign nationals in exchange for money to maintain the family. She added that young victims are taken out of Cuba for labour exploitation through false offers of employment as waiters, dancers or manicurists and expressed concern at the fact that the trafficking of children is not comprehensively addressed in the legal framework (A/HRC/38/45/Add.1, paragraphs 12, 15 and 32). The Committee therefore once again requests the Government to take all the necessary measures to bring the legislation into conformity with Article 3(a) of the Convention so as to protect all children under 18 years of age from the sale and trafficking of persons (both internal and international) for sexual or labour exploitation. While awaiting the adoption of such measures, the Committee requests the Government to provide updated statistical data on the number of investigations, prosecutions and penalties imposed for the crime of the trafficking of children and young persons under sections 302(3) and 316 of the Penal Code.
2. Forced labour. In its previous comments, the Committee requested the Government to indicate whether there are legal provisions specifically prohibiting the forced or compulsory labour of children under 18 years of age. In this regard, the Government indicates that the 2019 Constitution prohibits work by children and young persons (article 66), but does not refer to legislative provisions that establish criminal penalties for the exaction of forced labour from persons under 18 years of age.
Clause (b).Use, procuring or offering of children for prostitution or for pornography. In its previous comments, the Committee noted that section 310 of the Penal Code establishes prison sentences for the use of persons under 16 years of age for prostitution or pornography, and requested the Government to take the necessary measures to extend this protection to all young persons under 18 years of age, in accordance with the Convention. The Committee notes the absence of information on this subject and recalls that, under the terms of Article 3(b) of the Convention, the use, procuring or offering of a child for prostitution is one of the worst forms of child labour and that, under Article 1, this worst form of child labour shall be prohibited as a matter of urgency. The Committee once again requests the Government to take the necessary measures to prohibit and punish the use, procuring or offering of children under 18 years of age for prostitution, the production of pornography or pornographic performances.
Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. In its previous comments, the Committee requested the Government to indicate whether legislative provisions existed which prohibit the use, procuring or offering of children under 18 years of age for illicit activities, in particular for the production and trafficking of drugs. In this regard, the Committee notes the Government’s indication that section 190(3) of the Penal Code establishes penalties of imprisonment of from 15 to 30 years for any person who uses children under 16 years of age for the trafficking of drugs, narcotics, psychotropic substances or other similar purposes. The Committee requests the Government to take all the necessary measures to also prohibit the use of persons between 16 and 18 years of age for illicit activities, in particular the production and trafficking of drugs.
Article 5. Monitoring mechanisms. In response to the request for information on the activities of the labour inspection services for the detection of situations involving the worst forms of child labour, the Committee notes the Government’s indication that labour inspectors have received training for the detection of potential cases and the prevention of the worst forms of child labour. It notes that, during the period between June 2018 and June 2021, some 69 establishments were inspected in which 147 young persons who work and are between the ages of 15 and 18 years, and young persons under 18 years of age performing hazardous types of work were detected in ten cases. In each case, measures were ordered for the elimination of the violations identified and the imposition of penalties on the offenders was sought. The Committee requests the Government to continue providing information on the results of labour inspections in relation to the worst forms of child labour, including extracts from reports indicating the nature and extent of the violations detected.
Article 7(2). Effective and time-bound measures. Clause (b). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee notes the Government’s indication that the Department for the Protection of the Family and Jurisdictional Matters of the Office of the Public Prosecutor provides assistance to children and young persons who are victims of any type of crime, in coordination with their families. It notes the existence of Child and Young Person Protection Centres (CPNNA) in La Habana, Santa Clara and Santiago de Cuba for the provision of therapeutic care for such victims, and in places where such Centres do not exist, alternatives are adopted to undertake monitoring with Child Assessment, Analysis and Guidance Centres. During the period 2018–19, the CPNNA and alternative centres in the other provinces provided protection to 2,350 child victims of acts of sexual abuse. The Committee observes that, in her 2018 report, the United Nations Special Rapporteur on trafficking in persons, especially women and children, reported that children between the ages of 16 and 18 years who engage in prostitution are detained in “rehabilitation centres”, where they are subject to restriction of movement and can be sentenced by the courts (A/HRC/38/45/Add.1, paragraph 51). The Committee requests the Government to continue providing information on the measures adopted to ensure that victims of the worst forms of child labour receive direct and appropriate assistance and are removed, rehabilitated and reintegrated, and the results achieved. In this regard, it once again requests the Government to provide information on the measures adopted to ensure that all children under 18 years of age who are victims of commercial sexual exploitation are provided with such assistance and are not treated as offenders.
Article 8. International cooperation. The Committee notes the Government’s indication that the Ministry of the Interior has concluded agreements to promote cooperation with its foreign counterparts for the protection of children and young persons against sale, prostitution, use in pornography and trafficking in persons. The Committee requests the Government to provide information on the measures implemented under the terms of these agreements and their results.

Adopted by the CEACR in 2020

C110 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.
The Committee notes the observations formulated by the Independent Trade Union Association of Cuba (ASIC) of 28 August 2018. It also notes the Government’s response to those, received on 22 November 2018, and reproduced in the supplementary report received this year.
Part IV. Wages. Articles 24 to 35. In its previous comments, the Committee requested the Government to indicate the manner in which effect is given to these provisions of the Convention, which contemplate the establishment of procedures and mechanisms to fix and ensure minimum wages for plantation workers. The Committee notes the Government’s indication that in Cuba the minimum wage is fixed by legal provision, and is established in line with the level of economic and social development, further to the opinion of the corresponding organizations. The Government refers, inter alia, to section 109 of the Labour Code, promulgated through Act No. 116 of 20 December 2013, which establishes the elements constituting the wage. In addition, the Government refers to section 126 of the Labour Code Regulations, promulgated through Decree No. 326 of 12 June 2014, which, when read together with section 113 of the Labour Code, establishes the wage system and provides that the minimum wage must correspond with the wage of the first degree of labour complexity on the wage scale. The Government also refers to various payment methods available, such as pay for performance, which aims to increase labour productivity, and pay for time, where the wage is paid in accordance with the time worked. The Government adds that, according to the National Statistics and Information Office, in 2017 the average monthly wage in State bodies in agricultural, farming and forestry activities was 834 pesos. The Committee recalls its previous comments on the Minimum Wage Fixing Convention, 1970 (No. 131), in which it noted that that Article 4(2) of that Convention provides for the consultation, in connection with the operation of the minimum wage-fixing machinery, of both the representative organizations of workers concerned and of employers or, where no such organizations exist, representatives of the workers and employers concerned. Likewise, Article 24 of Convention No. 110 provides specifically for consultation with the social partners in fixing the minimum wage in the plantations sector. The Committee requests the Government to provide detailed and updated information on the manner in which the representatives of the relevant workers’ and employers’ organizations were consulted in the context of the determination of the minimum wage, as required under Article 24 of the Convention. The Committee also requests the Government to provide information on the manner in which it is ensured that workers in the plantations sector receive at least the established minimum wage, including information on the number and outcomes of the inspections conducted relating to payment of the minimum wage in plantations.
Part V of the Convention (annual holidays with pay). Articles 36 to 42. In its previous comments, the Committee noted that section 107 of the Labour Code, allows for the employer to require the presence of the worker in exceptional circumstances, and allows for the employer to postpone or reduce the worker’s holidays and to pay him or her the reduced proportion of the accumulated holidays. In this respect, the Committee requested the Government to indicate the manner in which it is ensured that this section of the Labour Code gives full expression to Article 41 of the Convention, which provides that any agreement to relinquish the right to an annual paid holiday or to forgo such a holiday, shall be void. The Committee notes the Government’s indication that section 107 of the Labour Code sets forth that any postponement of holidays is exceptional as provided for in Article 41 and is not systematic. Referring to the emergence of “exceptional” circumstances, the Government indicates that this does not imply a regular occurrence, but only those circumstances that directly or decisively affect the performance of a task assigned to the worker that cannot be postponed. The Government adds that the law stipulates that upon expiry of the cumulated holiday period, enjoyment of the holiday can be postponed, which does not mean that the accumulated holidays will not be granted. The Government also indicates that, if it is agreed to simultaneously pay the accumulated holidays and the wages for the work performed, guaranteeing an effective period of leave of at least seven days in the year, this does not exclude longer periods being granted during the year. The Committee reiterates that Article 41 of the Convention provides that any agreement to relinquish the right to an annual paid holiday or to forgo such a holiday, shall be void. It therefore requests the Government to take the necessary measures to give full effect to Article 41 of the Convention.
Parts IX and X (right to organize and collective bargaining –freedom of association). Articles 54 to 70. In its previous comments, the Committee requested the Government to provide information on the measures adopted or envisaged to ensure that workers in plantations do not suffer discrimination or prejudice in their employment for having peacefully exercised the right to strike, as well as information on the exercise of this right in practice. It also requested the Government to provide statistical data on the number of collective agreements concluded in plantations, with an indication of the sectors of activity and the numbers of workers covered. In its reply, the Government indicates that the agricultural sector includes: (i) the National Association of Small Farmers (ANAP), which is the grass-roots association for members of cooperatives, farmers and their families; and (ii) the Cuban Association of Agricultural and Forestry Technicians (ACTAF), which comprises forestry and livestock technicians and professionals. The Government also indicates that there is no law or legal provision in the country prohibiting the right to strike. It adds that, while there is no legal text regulating the right to strike, provisions are in place protecting the right to equality at work without discrimination whatsoever. Lastly, the Committee notes the statistical data provided by the Government, which indicates that, in 2018, the number of state sector workers who were affiliated with the agricultural, forestry and tobacco workers’ trade union stood at 307,469 and the number of non-state workers affiliated was 17,122. The Committee also notes that a total of 273,867 workers are protected by collective work agreements and that 7,159 collective agreements are in force, covering more than 2,800,000 workers. The Committee requests the Government to provide information on the measures adopted or envisaged to ensure in practice that plantation workers enjoy adequate protection against acts of anti-union discrimination in respect of their employment. It also requests the Government to continue providing statistical information on the number of collective agreements concluded in the area of plantations, indicating the number of workers covered.
Part XI (labour inspection). Articles 71 to 84. In its previous comments, the Committee noted the observations of ASIC, in which it denounced alleged cases of prisoners subjected to forced labour in plantations, and cases of child labour during school holidays. ASIC also denounced the employment of secondary school students in state farms during the harvest period, who are not paid for their work, but receive academic credits and a favourable recommendation for entry into university. The Committee notes the Government’s reply to ASIC’s observations. The Government indicates that the National Inspection Office has not identified any cases of forced labour in agriculture and that the Public Welfare Office at the Ministry of Labour and Social Security has not received complaints or reports in this respect. With regard to work performed by prisoners, the Government indicates that such persons are not victims of forced labour, since their involvement in work is essentially voluntary and, in addition, they enjoy the labour and social security rights established in the legal framework. The Committee notes, however, that the Government has not provided specific information on the number, age, and type and conditions of work of the prisoners and of the secondary school students who work in the plantations during the harvest period. Furthermore, the Government indicates that section 2(d) of the Labour Code sets out the prohibition of child labour and the special protection of young people between the ages of 15 and 18 who enter the workforce, in order to ensure their full development. The Government adds that, within the framework of the basic secondary education system, there are plans to establish a foundation for the allocation of time for occupational training, aimed at developing values such as application, community and responsibility in students, and enabling the provision of activities of the vocational training and occupational guidance process. In this respect, the Committee requested the Government to provide detailed information on the number of prisoners and secondary school students who work in state farms, disaggregated by age and type of work. The Committee also requested the Government to indicate the manner in which they are compensated, as well as their conditions of work, and the manner in which it is ensured that the students have the freedom to choose whether or not to work. It also requested the Government to continue providing detailed information on the supervision and enforcement measures relating to the conditions of work of plantation workers. The Committee notes the statistical information provided by the Government on the number of labour inspections conducted in the agricultural sector and the violations identified during these inspections. In particular, the Government indicates that, in 2018, the National Labour Inspection Office conducted 141 inspections, in which it detected 898 violations, 347 of those relating to occupational safety and health. According to the Government, the principal violations detected consisted of the failure to guarantee safe and healthy conditions for workers and the violation of rules respecting the provision of personal protective equipment. The Committee therefore requests the Government to indicate the manner in which the Labour Inspectorate monitors and ensures that the activities of the vocational training and occupational guidance process in the plantations comply with Article 6 of the Minimum Age Convention, 1973 (No. 138). The Committee also once again requests the Government to provide detailed information on the number, age, type and conditions of work, compensation, and the manner in which it is ensured that the secondary school students and prisoners who work in the plantations have the freedom to choose whether or not to work. Lastly, the Committee requests the Government to continue providing detailed information on the supervision and enforcement measures relating to the conditions of work of plantation workers, particularly on the inspections conducted in the plantations, violations of the labour legislation identified and the penalties imposed.
Part IV of the report form. Application in practice. The Committee notes that the Government has not provided information concerning the application in practice of the Convention. The Committee therefore reiterates its request to the Government to provide detailed and up-to-date information on the application of the Convention in practice, including: (i) recent studies on the socio-economic conditions of workers in plantations; (ii) statistical data, disaggregated by sex and age, on the number of plantations and workers to whom the Convention applies; (iii) copies of the collective agreements applicable in the sector; and (iv) the number of workers’ and employers’ organizations established in the plantations sector, and any other information which enables the Committee to assess the situation of workers in plantations in relation to the provisions of the Convention.
[The Government is asked to reply in full to the present comments in 2021.]

C137 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the Government’s report and the additional information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).
Application of the Convention in law and in practice. The Committee notes the Government’s indication that the legislation giving effect to the Convention remains unchanged. The Government reiterates that dockworkers are mostly recruited on the basis of permanent contracts. Where larger numbers of workers are required, fixed-term contracts for casual or urgent work are concluded in accordance with the requirements of the Labour Code. According to data from the National Statistics and Information Office, in 2019 there were 322,100 workers in the transport, warehousing and communications sectors, a figure which includes dockworkers. The Committee also notes that, according to information provided in 2018 by the Workers’ Central Union of Cuba, 145,351 workers are members of the National Transport and Dockworkers Union. Lastly, the Government indicates that, in 2018, the National Labour Inspection Office (ONIT) conducted 16 full inspections in establishments run by the Dock and Maritime Transport Business Group (GEMAR), recording 38 violations in areas such as recruitment, occupational safety and health, and regulations governing rest periods, the relevant penalties provided for by law having been applied. The Committee requests the Government to continue providing general information on the manner in which the Convention is applied in practice, including, if possible, up-to-date information on trends in the numbers of dockworkers, and relevant extracts from reports of the ONIT.

C152 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).
Article 32(3) of the Convention. Handling of dangerous substances. In its previous comment, the Committee requested the Government to indicate the paragraphs of the annex to Resolution No. 39 of the Ministry of Labour and Social Security, dated 29 June 2007, issuing the security measures to be taken in the event of an accident and the plans for emergencies, evacuation and the repair of breakdowns, to which reference is made in the report. The Committee notes the Government’s indication that the Labour Code (Act No. 116-2013) regulates the employer’s obligation to adopt measures to ensure safe and hygienic working conditions, as well as the prevention of occupational accidents, occupational diseases, fires, breakdowns or other damages that may affect the health of workers and the working environment. It also indicates that the Labour Code Regulations (Decree No. 326-2014) set out that the employer must instruct workers in handling emergencies and breakdowns. In addition, the Government indicates that Chapter V of Decree-Law No. 309-2013 on Chemical Safety regulates prevention and response to chemical emergencies. The Committee notes, however, that these regulations do not include explicit provisions ensuring that, if receptacles or containers of dangerous substances are broken or damaged to a dangerous extent, dock work shall be stopped and the workers removed to a safe place. The Committee notes however, that the national occupational safety and health standard, NC 229-2014 (Hazardous chemicals: risk reduction measures), was issued. The Committee once again requests the Government to indicate the specific provisions of the above texts, or the applicable legislation, regulating the stoppage of port work and the removal of the workers to a safe place in the event that receptacles or containers of dangerous substances are broken or damaged to a dangerous extent. The Committee also requests the Government to communicate a copy of standard NC 229-2014, as well as any relevant text in this respect.
Article 16. Transport of workers by water or on land to and from a ship or other place; Article 17. Access to a ship’s hold or cargo deck; Article 18(2) and (4). Hatch covers; Article 26. Mutual recognition; Article 28. Riggings plans; Article 31(1). Safe operation of freight terminals; and Article 32(1) and (2). Marking of dangerous cargo. In its previous comment, the Committee noted the Government’s indication that work was being carried out to update and improve the legal provisions in the port sector, and requested it to take the necessary measures to give expression in the legislation to these provisions of the Convention and provide information on this subject. Given the lack of information in this respect, the Committee hopes that the Government will adopt, as soon as possible, the updated legislation applicable to the port sector, in conformity with the Convention. It also requests it to continue providing information on any developments on this matter.
Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s indication that in 2016 the National Labour Inspection Office carried out 23 full inspections in establishments run by the dock and maritime transport business group, detected 14 violations related to occupational safety and health and applied the measures established in the Labour Code and its Regulations. In addition, it indicates that there were no fatal accidents in the port sector. The Government adds that the Labour Code requires establishments to formulate regulations on practical procedures for the identification, evaluation and monitoring of occupational risks. The Committee requests the Government to continue providing updated information on the application of the Convention in practice, in particular information on the number of workers covered by the Convention, the number and nature of the violations identified, and the measures taken in this respect. Recalling the Government’s reference, in its previous reports, to Resolution No. 31 of 31 July 2002, the Committee requests the Government to provide, where relevant, information on the manner in which the general practical procedures for identifying, evaluating and monitoring occupational risk factors are applied to dock work.

Adopted by the CEACR in 2019

C022 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the reports sent by the Government concerning the application of Conventions Nos 22 and 108 on seafarers. In order to provide an overview of matters arising in relation to the application of the maritime Conventions, the Committee considers it appropriate to examine them in a single comment, as follows.

Seamen’s Articles of Agreement Convention, 1926 (No. 22).

Article 5(2) of the Convention. Document containing a record of the seafarer’s employment on board. The Committee requested the Government to provide a sample of the document containing a record of the seafarer’s employment on board. Noting that the Government has not provided such a document, the Committee renews its request.
Article 6(3). Particulars of the agreement. Noting that some of the particulars required by the Convention did not appear in the model seafarers’ employment agreement provided by the Government, the Committee requested the Government to indicate the measures taken to give full effect to Article 6(3). In this regard, the Committee notes the Government’s repeated statement that Ministry of Transport Resolution No. 114 of 2009 gives effect to this provision of the Convention. The Committee notes, however, that the Government does not provide a copy of the Resolution and that a copy is not available at the Office. The Committee requests the Government to provide a copy of Ministry of Transport Resolution No. 114 of 2009.

Seafarers’ Identity Documents Convention, 1958 (No. 108).

Article 3. Possession by the seafarer of a seafarer’s identity document. The Committee requested the Government to clarify the relationship between section 33 of Decree No. 26 of 1978, which allows masters of vessels to retain custody of the identity documents of members of the crew, and Resolution No. 9 of 2009, establishing the new seafarer’s book as an identity document for the purposes of the Convention, section 7 of which provides that seafarers must carry the new seafarer’s book and present it to national or foreign migration or maritime authorities upon request. The Committee notes the Government’s explanation that the document retained in the custody of the master is the passport and not the seafarer’s book or seafarer’s identity document. The master returns the passport to crew members for the purpose of reporting to national or foreign migration or maritime authorities when required. The Committee notes this information in reply to its request for clarification.

C087 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

C087 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Trade union rights and civil liberties. The Committee recalls that, in its previous comments, it had expressed regret that the Government had not provided copies of the court rulings connected with specific cases of convictions of workers belonging to the Independent National Workers Confederation of Cuba (CONIC), persecution and threats of imprisonment against delegates of the Light Industry Workers’ Union (SITIL) and the confiscation of equipment and humanitarian aid sent from abroad to the Single Council of Cuban Workers (CUTC). The Committee notes the Government’s repeated indication that the trade unionists were convicted for committing offences duly defined in law and that it cannot be claimed that there has been a violation of the Convention, and that, in its latest report, the Government claims that the ILO supervisory bodies are being manipulated and that the Committee should not request information relating to Case No. 2258, which was examined by the Committee on Freedom of Association. The Committee deeply regrets that the Government has again failed to comply with the Committee’s request to provide copies of the requested court rulings, recalling that, in this respect, it also failed to give effect to the recommendations of the Committee on Freedom of Association (see Report No. 343, relating to Case No. 2258), and that the Committee on Freedom of Association recently indicated once again that it regretted the Government’s refusal to provide the rulings issuing sentences in relation to other allegations of persecution of trade unionists (see Case No. 3271, Report No. 389). The Committee once again requests the Government to provide copies of the rulings in question.

C098 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Application of the Convention in practice. In its previous comment, the Committee requested the Government to provide examples of collective agreements concluded in the Mariel Special Development Zone (ZEDEM), as well as statistical information on the number of collective agreements signed in the country. The Committee notes the Government’s indication that: (i) in the ZEDEM, there are 13 collective agreements in force, covering 5,544 workers, including an agreement concluded by the National Union of Construction Workers with a Mariel architecture and engineering company and another agreement signed by the Provincial Union of Transport Workers with a freight transport company; and (ii) in 2018, the national unions updated 231 national agreements and 7,492 establishment labour agreements, covering more than 2.8 million workers in all economic sectors. The Committee requests the Government to continue providing statistical information on the number of collective agreements concluded in the country, indicating the activity sectors and the number of workers covered.

C100 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 1(a) of the Convention. Definition of remuneration. Legislation. In its previous comments, the Committee requested the Government to take the necessary steps to complete the definition of remuneration set out in the Labour Code to align it with Article 1(a) of the Convention, in order to ensure that the principle of equal remuneration for men and women for work of equal value applies not only to the wage but also to any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment . The Government indicates in its report that there have been no legislative reforms on these issues. With reference to the Labour Code (Act No. 116 of 20 December 2013), the Government indicates that: (i) section 2 provides that work shall be remunerated in accordance with its quality and quantity; (ii) section 3 provides for equality between men and women; (iii) section 109 provides that payments considered to be wages shall be paid in cash, which excludes payment in kind or services; (iv) sections 124 and 125 establish other payments that are not considered to be wages as they are not related to the quantity and quality of the work carried out; and (v) section 125 provides that short-term benefits, such as benefits for illness, accident or maternity leave, do not constitute wages because they are paid by the State budget. The Committee recalls that a broad definition of remuneration is necessary due to the fact that if only the basic wage were being compared, much of what can be given a monetary value arising out of the job would not be captured, and such additional components are often considerable, making up increasingly more of the overall earnings package (see General Survey of 2012 on the fundamental Conventions, paragraphs 686 and 687). In this regard, the Committee once again requests the Government to take the necessary steps to establish a sufficiently broad definition of remuneration, required by Article 1(a) of the Convention in order to ensure that the principle of equal remuneration for men and women for work of equal value applies not only to the wage but also to any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment. The Committee requests the Government to provide information on progress made in this regard.
Article 1(b). Work of equal value. Legislation. In its previous comments, the Committee requested the Government to take the necessary measures to amend section 2(c) of the Labour Code, which provides that “work shall be remunerated without any form of discrimination in accordance with the products and services it generates, quality and the time actually worked, and shall be governed by the principle of socialist distribution of each according to his or her ability and each according to his or her work”, in order to give full expression to the principle of equal remuneration for men and women for work of equal value. In that regard, the Government indicates that jobs that give preference to men or to women do not exist in Cuba and that the basic wage is applied equally, so that differentiated wage scales are not required. It adds that women therefore enjoy full equality, and legislative reform is not justified. Furthermore, the Government indicates that women know their employment and social security rights. In that regard, the Committee observes that section 2(c) of the Labour Code contains a narrower definition than the principle set out in the Convention, as do the provisions of article 4 of the new Constitution (adopted in 2019) which sets out the principle of “each according to his or her capacity and each according to his or her work”. Article 65 of the Constitution defines remuneration as being in accordance with the quality and quantity of the work and provided in relation to the requirements of the economy and of society, the choice of the worker and his or her skills and ability. In addition, equality between men and women is guaranteed under articles 41, 42, 43 and 44 of the Constitution. The Committee notes that neither the Labour Code nor the Constitution include the concept of “equal value”, which would make it possible to compare jobs that, notwithstanding their differences, are of equal value. Similarly, it notes that the Committee on the Elimination of Discrimination against Women (CEDAW) of the United Nations observed with concern that the Code does not contain any provision on the principle of equal pay for work of equal value (CEDAW/C/CUB/CO/7-8, paragraphs 32 and 33(a) and (c)). In this regard, the Committee recalls that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, and the promotion of equality. This concept is fundamental to tackling occupational sex segregation in the labour market, as it permits a broad scope of comparison, including, but going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value (see General Survey of 2012 on the fundamental Conventions, paragraphs 672–675). The Committee recalls that it is essential to acknowledge that no society is free from discrimination and, in particular, that occupational sex segregation in the labour market is a problem that affects almost all countries. The Committee once again requests the Government to: (i) adopt the necessary measures to amend section 2(c) of the Labour Code, so as to give full expression to the principle of equal remuneration for men and women for work of equal value set forth in Article 1(b) of the Convention; and (ii) provide information on all measures adopted to this end.
The Committee is raising other matters in a request addressed directly to the Government.

C100 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 1 and 2 of the Convention. Evaluation of the gender pay gap. In its previous comments, the Committee requested the Government to provide statistical information on the remuneration rates of men and women, by occupational category and in all sectors of economic activity, disaggregated by sex. In its report, the Government indicates that, in 2016, 36.25 per cent of persons in employment were women and the unemployment rate was 2.2 per cent. The Government also reports that women are mostly employed in sectors with higher wages such as health, education, judges and public prosecutors. The Committee notes that, in its report, the Government has not provided more detailed statistical information on the remuneration rates of men and women, by occupational category, or by economic sector, nor on the wage scales applicable to the different categories. In this regard, it notes that, in its 2018 annual report, the Inter-American Commission on Human Rights (IACHR) regretted the limited official information available and encouraged the State to produce, in a regular manner, comprehensive statistics on discrimination against women and information disaggregated by sex, age, race, ethnicity, socio-economic status, disability status, sexual orientation and gender identity (Cuba: 2018 Annual Report, Chapter IV.B, 21 March 2019). With a view to determining the gender pay gap in the country and its evolution, the Committee urges the Government to provide statistical information on the remuneration rates of men and women by occupational category and in all sectors of economic activity.
Article 3. Objective job evaluation. The Committee previously requested the Government to provide information on how the system of job descriptors is implemented, in practice, together with specific examples of objective job evaluations conducted in various enterprises or sectors. In this regard, the Government indicates that: (1) to implement job descriptors, each organization draws up a list of jobs in each unit in order to determine wages, using criteria such as the complexity of the work, the job level and requirements for occupying the position; (2) the job descriptors make it possible to determine the different jobs that are included in the same complexity group and that correspond to the current job classification; and (3) for example, for technical jobs, there is a common descriptor approved by ministerial decision. The Committee recalls that, whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias: it is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly. Often skills considered to be “female”, such as manual dexterity and those required in the caring professions, are undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting (see General Survey of 2012 on the fundamental Conventions, paragraphs 700–703). With a view to assessing whether the mechanisms implemented at national level apply the principle of the Convention, the Committee asks the Government to provide information on: (i) how the system of job descriptors is applied, in practice, both in the public and private sectors, together with specific examples of objective job evaluations conducted in various enterprises or sectors; and (ii) the measures adopted to enable workers to assert their right to equal remuneration on the basis of an evaluation of the value of their work, together with the right of recourse when it is demonstrated that the job evaluation systems are discriminatory.
Labour inspection. In its previous comments, the Committee requested the Government to provide specific information on the type of training provided to labour inspectors, particularly regarding the principle of equal remuneration for men and women for work of equal value. In this regard, the Government reports that in 2017, monthly training was provided to labour inspectors on new legal provisions, the Labour Code, wage standards and wage equality. The Committee requests the Government to continue providing specific information on the type of training provided to labour inspectors, particularly regarding the principle of equal remuneration for men and women for work of equal value, and the number of complaints that have been dealt with in relation to allegations of wage discrimination between men and women for work of equal value.

C111 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the observations of the Independent Trade Union Association of Cuba (ASIC), received on 19 September 2018 and the Government’s reply in that regard.
Article 1(3) of the Convention. Protection against discrimination relating to all aspects of employment, in particular access to education, guidance and vocational training. The Committee notes that, in reply to its previous comment, the Government indicates that protection against discrimination is provided for all aspects of employment, and that mechanisms such as labour inspection and the right to submit applications before the competent authorities for the recognition and enforcement of labour rights and social security are in place for this purpose. The Committee recalls that, under Article 1(3) of the Convention, the terms ”employment” and ”occupation” also include access to education, guidance and training. In this respect, the Committee highlights the important role of the State in this context: access to education and to a wide range of vocational training courses is of paramount importance for achieving equality in the labour market. It is a key factor in determining the actual possibilities of gaining access to a wide range of paid occupations and employment, especially those with opportunities for advancement and promotion. Vocational guidance and taking active measures to promote access to education and training, free from considerations based on stereotypes or prejudices, is essential in broadening the range of occupations from which men and women are able to choose (see General Survey on the fundamental Conventions, 2012, paragraphs 749–751). The Committee therefore requests the Government to continue to provide information on the manner in which it guarantees protection against discrimination based on the grounds prohibited by the Convention, in law and practice, relating to education, vocational guidance and training.
Article 2. National gender equality policy. In its previous comments, the Committee requested the Government to provide information on: (i) specific measures that have been taken to promote equality of opportunity and treatment for men and women in employment and occupation, including vocational training; (ii) measures that have been adopted, including information and awareness-raising measures, regarding the mechanisms available to ensure that women have effective access to judicial and administrative remedies in the event of gender discrimination in employment and occupation, and to specify the remedies; (iii) the complaints examined by the Office of the Prosecutor-General concerning discrimination in employment and occupation, specifying the grounds invoked in these cases; and (iv) to continue to provide statistical information on the participation of men and women in the labour market, in all sectors of the economy and in education and vocational training at all levels, and to indicate the measures taken to raise awareness about gender equality in employment and occupation. The Committee notes the Government’s indication that: (i) Decree Law No. 339 of 8 December 2016 on maternity leave for women workers was approved. Under the Decree, rights are granted to mothers and fathers working in the state sector to promote shared responsibility in three areas: ensuring and facilitating medical care for women workers during pregnancy, pre- and post-natal leave, breastfeeding breaks and, for both parents, childcare leave; in the event of the death of the mother, establishing protection for the working father or another working relative who is responsible for the care of the child; and providing for differentiated treatment when the child requires special care; (ii) media products were created to strengthen knowledge of the law among the population, and training on gender equality was delivered to journalists, scriptwriters, artists and media managers; (iii) in 2016, with regard to the level of education of the economically active population, 2.1 per cent of women and 6.3 per cent of men had primary level education; 13.44 per cent of women and 29.75 per cent of men had secondary level education; 49.6 percent of women and 48.78 percent of men had higher level education; and 34.9 percent of women and 15.16 percent of men had further level of education; (iv) women make up the majority in the education sector, among court judges and prosecutors, and in the best paid professions; (v) according to data from the National Statistics and Information Office, in 2016, 37.3 per cent of the economically active population were women and 62.7 were men; among the unemployed, 40 per cent were women and 60 per cent were men; (vi) women represent 53.22 per cent of deputies in Parliament elected in 2018, 48.4 per cent of members of the Council of State, of which three of its five vice-presidents are women and 35 per cent of its ministers are women. Further, women account for 78.5 per cent of health workers and 48 per cent of scientific researchers; and (vii) the Office of the Prosecutor-General reports that there were no complaints relating to cases of discrimination in employment and occupation in 2017 and 2018. In this respect, the Committee wishes to recall that it is essential to recognize that no society is free from discrimination and that it is necessary to take continuous action to address it. Therefore, where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The lack of complaints or cases could also indicate that the system of recording violations is insufficiently developed (see General Survey of 2012, paragraph 870). The Committee welcomes the statistical data provided regarding educational levels and asks the Government to continue to provide information on the complaints examined by the Office of the Prosecutor-General concerning discrimination in employment and occupation, specifying the grounds invoked in these cases; and statistical information on the participation of men and women in the labour market, in all sectors of the economy and in education and vocational training at all levels.
National equality policy concerning race, colour and national extraction. The Committee notes that, in its observations, ASIC alleges that, in the tourism sector, the best qualified and best paid jobs are mainly assigned to fair-skinned Cubans, and that the black population is often given jobs that do not involve interaction with tourists, such as cleaning and garbage disposal activities. The Committee notes that the Government denies the existence of discrimination based on colour, and states that access to employment in tourism is governed by the principle of equal access. The Government reports that according to the 2012 population census, 35 per cent of the population was black and mestizo (of mixed extraction) and, in 2018, 35.7 per cent of workers in the tourism sector were from the black community. The Committee notes that the United Nations Committee on the Elimination of Racial Discrimination welcomed the drafting of a national plan on the eradication of all forms of racial discrimination but regretted not having received information on the impact and the practical results of the implementation of the social programmes and the multisectoral policy to eliminate any remaining vestiges of racial discrimination (CERD/C/CUB/CO/19-21, 20 September 2018, paragraphs 19 and 20), and drew the Government’s attention to the challenges faced by people of African descent in gaining access to the labour market, their low rates of representation in decision-making positions, in both the public and the private sector, and the poverty levels that affect them disproportionately (CERD/C/CUB/CO/19-21, paragraph 17). In this connection, the Inter-American Commission on Human Rights urged the State to “adopt urgent measures, with a gender-based approach, aimed at overcoming the situation of structural discrimination that affects the Afrodescendant population, as well as positive measures to eliminate racial discrimination and ensure that Afrodescendant persons can exercise their rights on an equal basis with the rest of the population” (Annual Report 2018, part IV, paragraph 16). The Committee recalls that where labour market inequalities along lines covered in the Convention exist, a national policy to promote equality of opportunity and treatment, as envisaged in Articles 2 and 3 of the Convention, should include measures to promote equality of opportunity and treatment of members of all groups with respect to access to vocational training and guidance, placement services, employment and particular occupations, and terms and conditions of employment. In order to achieve the objective of the Convention, it is necessary to address gaps in training and skills levels, as well as to examine and eliminate other difficulties and barriers that certain groups face in accessing and retaining employment in the various sectors and occupations (see General Survey of 2012, paragraph 765). Noting that discrimination based on race is not formally prohibited by the Labour Code (as it notes in its observation), the Committee requests the Government to provide the available statistical information on the participation of men and women in the labour market per activity sector, particularly in the tourism sector, disaggregated, where possible, by race and colour, and by sex and employment categories, and information on the measures adopted to guarantee equality of opportunity and treatment to all workers to achieve the aim of the Convention. It also requests the Government to provide information on the specific measures and plans adopted or envisaged in the national plan on the eradication of all forms of racial discrimination, including information on their effectiveness and the results achieved.
General observation of 2018. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.
The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

C111 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the observations of the Independent Trade Union Association of Cuba (ASIC), received on 19 September 2018, and the Government’s reply.
Article 1 of the Convention. Grounds of discrimination. Legislation. In its previous comments, the Committee noted that the Labour Code of 2013 (Act No. 116 of 20 December 2013), unlike the previous Labour Code (of 1984), does not include the prohibition of discrimination on the basis of race, political opinion, national extraction or social origin. It asked the Government to take the necessary steps to amend the Labour Code of 2013 to explicitly prohibit discrimination on those grounds, and to provide information on any developments in this respect. The Committee notes that a new Constitution was adopted in February 2019. It welcomes the incorporation into Article 42 of elements that expand the legal formulation of the principle of equality, prohibiting discrimination on the basis of sex, sexual orientation, gender identity, age, ethnic origin, skin colour, religious belief, disability, national or regional origin, or any other personal condition or circumstance implying a distinction injurious to human dignity. In this regard, the Committee notes in particular that the new Constitution expressly prohibits discrimination on the basis of ethnic, national or regional origin. However, the Committee observes that, unlike in the previous Constitution (of 1976), discrimination on the basis of race, political opinion or social origin is not explicitly prohibited in the new Constitution or in the Labour Code of 2013. However the Committee observes that section 295(1) of the Penal Code makes discrimination on grounds of sex, race, colour or national origin an offence against the right to equality. The Committee wishes to underline the fact that, where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention (see the 2012 General Survey on the fundamental Conventions, paragraph 853).The Committee recalls the Government’s previous indication that political opinion is used only for the purpose of registration and consultation for employment, promotion and training and performance evaluation. The Committee requests the Government to take the necessary steps to ensure that the legislation expressly prohibits discrimination on the grounds of political opinion or social origin in employment and occupation, and to report the measures taken to guarantee that, in practice, no information is sought on the political opinion of the workers or students. The Committee also requests the Government to confirm that the grounds of ethnic, national and regional origin cover the ground of national extraction expressly referred to in the Convention
Article 1(1)(a). Discrimination based on sex. Sexual harassment. In its previous comments, the Committee requested the Government to take the necessary steps to ensure that the legislation (the Labour Code and its regulations) includes a provision clearly defining and prohibiting all forms of sexual harassment in employment and occupation, both quid pro quo and hostile work environment harassment, and to provide information on the progress made in this regard. The Committee also requested that the Government provide information on any other measures taken for the purpose of preventing sexual harassment in the workplace. In addition the Committee requested the Government to continue to provide information on the number of complaints of sexual harassment in employment and occupation filed with the Office of the Prosecutor-General and the labour inspectorate, and on the number of cases examined by the judiciary, the action taken on the complaints, any penalties imposed and compensation awarded. The Committee notes the Government’s statement that the prevention of sexual harassment is guaranteed under the Labour Code, which provides that the employer shall be responsible for the direction and organization of the work process and its supervision. The employer is therefore required to ensure that workers are aware of their functions and duties, guarantee adequate working conditions and the enjoyment of rights, and establish appropriate industrial relations by taking into account the views of workers and their complaints, the protection of their physical and psychological well-being, and respect for their dignity. The Committee also notes that the Government reports that: (i) the National Labour Inspection Office did not receive any complaints of sexual harassment in 2017 and nor did the Office of the Prosecutor-General in that regard in 2018; and (ii) on July 1 2017, the National Assembly of the People’s Power approved the concept documents of the Cuban economic and social model of socialist development (Economic and Social Policy Guidelines for the Party and the Revolution), and the Outline of the National Plan for Economic and Social Development until 2030. The concept document states that the “Socialist State is the guarantor of equality and is founded on the following principles: moral and legal recognition of the equality of citizens’ rights and duties, and the guarantees that they are given effect to with equity, inclusion, social justice, political participation, the narrowing of social gaps, respect for diversity and the fight against all forms of discrimination based on skin colour, gender, gender identity, sexual orientation, disability, territorial and national origin, religious belief, age and any other distinction detrimental to human dignity”. Noting that the Government’s report does not provide information on the exact use of a legislative definition of sexual harassment, the Committee recalls that without a clear definition and prohibition of both quid pro quo and hostile work environment sexual harassment, it remains doubtful whether the legislation effectively addresses all forms of sexual harassment (see 2012 General Survey, paragraph 791). In addition, the Committee considers that, while the legal prohibition of sexual harassment is an essential step to eliminate such behaviour, it is important to adopt practical and effective measures for its prevention, detection and punishment. The Committee once again requests the Government to: (i) take the necessary steps to ensure that the legislation includes a provision clearly defining and prohibiting all forms of sexual harassment in employment and occupation, both quid pro quo and hostile work environment sexual harassment; (ii) provide information on progress made in this regard; (iii) report the manner in which employers are encouraged to adopt the preventive measures established in the Labour Code and any other measures taken for the purpose of preventing sexual harassment in the workplace (such as awareness-raising campaigns for employers and workers, and training to inform them of the legislative provisions relating to sexual harassment and identification of this behaviour); and (iv) continue to provide information on the number of complaints of sexual harassment in employment and occupation made to the Office of the Prosecutor-General and the labour inspectorate, as well as on the number of cases examined by the courts, the penalties imposed and compensation awarded.
Discrimination on the ground of political opinion. The Committee notes that ASIC alleges discrimination on political grounds through the practice of declaring citizens “unreliable” or “unsuitable” on the basis of their refusal to belong to any government-backed organization, resulting in them being considered a “pre-criminal social risk”, which can lead to being liable to imprisonment, and also alleges that a certain physical appearance is needed to gain access to employment. In this regard, the Committee notes that the denial by the Government that discriminatory measures are added for political reasons and states that no persons have been detained for exercising freedom of expression and opinion within the limits set out by the national legislation. The Government affirms that employment relationships are governed by the principle of the suitability for entering and remaining in employment, for promotion and training, as well as the efficiency, quality and productivity of the worker, and it adds that the qualifications and diplomas required for workers are determined by mutual consent between the employer and the trade union in the collective labour agreement. It reports that self-styled “independent journalists” have been an instrument used by foreign campaigns of subversion and aggression against the country and that these individuals do not have an employment relationship with the press sector in the country and do not have the professional training for that occupation. The Government indicates that the Ministry of Labour and Social Security (Ministry of Labour) consulted the Department of Identification, Immigration and Foreign Nationals of the Ministry of the Interior, and established that one of the above-mentioned persons does not appear in its database and another was authorized to work on their own account from 14 March 2011 until 22 May 2013, but that this authorization was withdrawn for failure to fulfil tax obligations. The person in question continued to work without authorization and therefore incurred a fine. Because of repeated refusal to pay the fines, this person was imprisoned for ten months by the competent court, the legal guarantees having been duly observed. The Government concludes that in Cuba nobody can be penalized for exercising the right to freedom of opinion or expression, and journalism is not defined as a crime. The Committee also notes that the Government states that all citizens have the right to bring actions before the competent authorities for recognition and observance of their labour and social security rights, and that the Public Prosecutor’s Office examines citizens’ complaints regarding violations of their rights (Act No. 83 of 11 July 1997). The Government adds that access to the People’s Courts is free of charge (Act No. 82 of 11 July 1997), and that the Ministry of Labour handles complaints of this type through the Public Welfare Office. The Committee requests the Government to provide information on any decisions issued by the courts, the Public Welfare Office at the Ministry of Labour and Social Security any other competent body, and also on any offence reported by or to labour inspectors, and to indicate what follow-up action has been taken in cases of discrimination involving political opinion.
Definition and prohibition of direct and indirect discrimination. The Committee notes the Government’s indication in its report, in reply to the Committee’s request to amend the Labour Code to define and explicitly prohibit direct and indirect discrimination on at least all the grounds specified in Article 1(1)(a) of the Convention, that the Labour Code of 2013 is the result of an broad consultation process in which workers’ and employers’ organizations participated and hence the interpretation of the concept of discrimination should occur in the widest sense, and that the reference in the Labour Code to any type of discrimination covers direct and indirect discrimination. The Committee recalls that this concept is essential to identify and address situations in which certain treatment is extended equally to everybody, but leads to discriminatory results for one particular group, such as women, ethnic and religious groups, or persons of a certain social origin. The Committee further indicates that, with respect to specific groups, such discrimination is subtle and less visible, making it even more important to ensure that there is a clear framework for addressing it, and proactive measures are required to eliminate it (see 2012 General Survey, paragraph 746). The Committee once again requests the Government to take the necessary steps to amend the relevant legislation to define and explicitly prohibit direct and indirect discrimination on at least all the grounds specified in Article 1(1)(a) of the Convention and to provide information on any developments in this respect.
The Committee is raising other matters in a request addressed directly to the Government.

C113 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 3 to 5 of the Convention. Medical examination of fishers. In its previous comment, the Committee requested the Government to adopt the necessary measures to give effect to the following provisions of the Convention: Article 3 (particulars to be included in the medical certificate); Article 4(2) (maximum validity of the medical certificate of one year for young fishers) and Article 5 (possibility of further examination by a medical referee or referees in case of refusal of the medical certificate). While the Committee notes the information provided by the Government in its report on the application of the Convention in practice, it observes that the Government has not adopted new measures to give effect to the provisions referred to above. The Committee therefore once again requests the Government to adopt the necessary measures to give full effect to Articles 3, 4(2) and 5 of the Convention. The Committee also requests the Government to provide a copy of a model of the medical certificate currently in use.
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