Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Legislation. The Committee notes that sections 1 and 2 of resolution No. 8/2005, General Regulation on Labour Relations, incorporate the principle of non-discrimination among the principles governing employment policy, and notes with interest that section 24 establishes that "In the case of posts or occupations, the performance of the functions of which requires compliance with standards of conduct of a general or specific nature, as well as, where appropriate, certain personal characteristics, the establishment of requirements or criteria which discriminate on the basis of sex, skin colour, religion, political opinion, nationality or social origin or which are detrimental to human dignity is prohibited." The Committee would be grateful if the Government would provide information on the measures adopted to ensure compliance with this provision in practice, including information on the remedies available and their use in practice.

2. Sexual harassment. The Committee duly notes that Decree Law No. 175 of 1997 amended section 303 of the Penal Code establishing that "sentences of imprisonment of three months to a year, or a fine of 100 to 300 quotas shall be imposed in the case of individuals who: (a) harass another person with sexual demands". It also notes that, independent of the abovementioned criminal responsibility, Decree Law No. 176 of 15 August 1997, establishing the basic labour justice system, contains provisions related to contraventions of work discipline and the sanctions applicable. It also notes that Act No. 83 of 11 July 1997, the Act relating to the Public Prosecutor, comprises a system for dealing with gender-related complaints and claims on the part of the population. The Committee would be grateful to the Government if it would provide copies of decisions concerning complaints processed under the abovementioned Act No. 176 or Act No. 83 relating to sexual harassment or discrimination on grounds of sex, in order to assess the application in practice of these provisions.

3. Discrimination on ground of sex. Education. The Committee notes that the Government indicates that the statistical data stating that "the figures of 12 and 24 per cent of women having completed middle-level and primary lower education respectively" do not reflect the reality, but does not provide the percentages that, in its view, reflect the reality. However, the Government provides comparative percentages regarding participation of boys in education. For example, it notes that in 2003 the number of girls enrolled in primary education was 48.4 per cent of the total, 50 per cent for middle-level education and 63.9 per cent for university education. The Committee would be grateful if the Government would provide information on the number of women, out of the total female population, who have completed primary, secondary and university education or other studies.

4. Employment. The Committee notes that as of 1996, when the employment situation began to improve as a consequence of the economic recovery, there has been a steady increase in the level of women’s participation in the country’s workforce. In 1996 women made up 41.7 per cent of the total workforce and in 2003 the figure stood at 44.9 per cent. It notes with interest that in 2003 a special provision of the Executive Secretary of the Council of Ministers was implemented according to which two candidates, one of whom must be a woman (in order to promote the appointment of women to managerial posts), must be nominated for managerial posts within the public administration system. In 2000, women accounted for 33.3 per cent of managerial staff, with this figure rising to 34.5 per cent in 2002. The Committee would be grateful to the Government if it would continue to keep it informed with regard to these percentages and the impact of the special provision on the percentage of women in managerial posts in the state administration system. The Committee also notes that Decree Law No. 234 "on workers’ maternity" provides for shared maternity leave between fathers and mothers by mutual agreement corresponding to the needs and characteristics of each couple, once the lactation period is over.

5. Discrimination on the basis of political opinion. The Committee notes the information provided by the Government indicating that the Union of Journalists of Cuba (UPEC), a non-governmental organization that represents journalists, has confirmed that it has not received any denunciations neither does it have any knowledge of any legal cases concerning discrimination on the part of the media in Cuba and that membership of political organizations is not required of those wishing to work as journalists or of those wishing to join the above organization. The Government indicates that there are individuals who are neither journalists nor independent and who are financed by another country with the aim of spreading disinformation and who are defined by this other country as dissidents or independents. The Committee would be grateful if the Government would inform it whether any cases exist involving individuals detained, sentenced or accused of other offences who may have claimed to be journalists and how the Government ensures that they are not penalized for working as journalists.