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

Application of legislation on equality. Further to its previous direct request concerning complaints of discrimination in employment and occupation received by the competent bodies or violations recorded by those bodies, the Committee notes that the Government indicates that none of the complaints received in 2007 and 2008 by the basic labour justice bodies and the Office of the Public Prosecutor relate to cases of discrimination. Furthermore, the Committee notes that the labour inspectorate has not noted any violations of sections 1, 2 and 14 of resolution No. 8/2005 with regard to complaints of discrimination in employment. The Committee requests the Government to provide information on the measures taken or envisaged to raise public awareness of the issue of discrimination in employment and occupation on the grounds listed in the Convention, including information on awareness-raising programmes for judges, lawyers, labour inspectors and bodies responsible for enforcing the relevant regulations. Please also continue providing information on complaints of discrimination referred to the above bodies or violations noted by those bodies, indicating, if applicable, the grounds of discrimination.

Sexual harassment. The Committee refers to its previous comments concerning sexual harassment and notes the Government’s indication that no cases of sexual harassment have been submitted under Legislative Decree No. 176 of 15 August 1997. Noting that the Government refers to the fact that no complaints have been made of sexual harassment by “persons in senior posts in workplaces”, the Committee wishes to emphasize that sexual harassment by work colleagues who are peers contributes to creating a hostile work environment and should therefore also be prohibited. The Committee also notes that several initiatives designed to raise awareness of the issue of equality between men and women are being carried out by the Federation of Cuban Women (FMC) and Women’s Employment Committees. The Committee requests the Government to:

(i)    provide information on the measures designed specifically to raise awareness of the issue of sexual harassment and the complaint procedures available to victims established by the Federation of Cuban Women and Women’s Employment Committees; and

(ii)   continue providing information on the cases of sexual harassment submitted to the competent bodies, including information on the application of the relevant provisions of the Penal Code.

Considering that the treatment of sexual harassment cases by criminal proceedings is likely to be insufficient given that, in particular, such proceedings address the most serious cases but not the entire range of behaviour which in the context of work may be regarded as sexual harassment, the Committee requests the Government to consider incorporating a specific provision on sexual harassment into the labour legislation and refers to its 2002 general observation on this matter.

Discrimination on the grounds of sex in education. The Committee notes that, according to the statistics provided by the Government in its report on the Equal Remuneration Convention, 1951 (No. 100), in 2007, 75.91 per cent of economically active women had completed middle-level and higher education and accounted for 36.39 per cent of the total active population with those qualifications, whereas in 2006, the percentages were 73.85 and 44.19, respectively. The Committee urges the Government to continue its efforts to promote equal opportunities for men and women in education at all levels and in all subject matters and requests it to continue providing statistics on this matter, disaggregated, if possible, by the levels and types of education and sex.

Discrimination on the basis of sex in employment. The Committee notes that the National Office for Statistics is continuing to establish instruments for the collection of information disaggregated by sex. It also notes the statistics on the distribution of men and women in the different wage groups in the banking system, science, education, basic and light industry and the sugar industry. According to these statistics, women account for 67.3 per cent of workers employed in the banking system, 47.3 per cent of those employed in science, 26.9 per cent of those employed in basic industry and 53.6 per cent, 21.3 per cent and 73.4 per cent of those employed in light industry, the sugar industry and education respectively. The Committee requests the Government to continue providing statistics of this kind, including statistics on other sectors if possible. Please also provide information on the measures taken or envisaged to promote equal opportunities for men and women with regard to access to a wide range of jobs and to promotion to higher positions, including information on the measures relating to vocational training.

Discrimination on the basis of political opinion. In its previous comments, the Committee referred to the issue of discrimination on the basis of political opinion against journalists and requested the Government to provide information on any cases involving individuals detained, sentenced or accused of other offences who may have claimed to be journalists. The Committee notes the Government’s repeated indication that there is no provision in the Penal Code which allows the application of criminal penalties for journalism. However, the Government does not provide the specific information requested by the Committee. The Committee asks the Government to provide information in its next report on any cases involving individuals detained, sentenced or accused of other offences who may have claimed to be journalists.