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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.]

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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.

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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.

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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.

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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.

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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.