Individual Case (CAS) - Discussion: 1996, Publication: 83rd ILC session (1996)

A Government representative stated that the contents of the present observation of the Committee of Experts on Convention No. 111 referred to two issues: firstly, to the need to change some of the legal provisions and, secondly, as concerns furnishing additional information after the adoption of certain measures aimed at more effective application. She recalled that last year Cuba was on the list of cases on which progress had been recorded in the report of the Committee of Experts, precisely because changes were made to certain legal provisions and because other measures were adopted in order to improve situations which had resulted from the misinterpretation or incorrect application of what had been established in legislation.

As concerned the first type of comment which related to the amendment of legal provisions, she pointed out that the principal changes made related to Decree No. 34 of 1980, which established the basis for and the special procedure that was applicable, solely in exceptional cases, to teachers. She noted that, for cases of discipline, for all the personnel in the teaching sector, whether teachers or not, and also for the majority of workers in the country, Decree No. 132 of 1992 was applicable, which governed the operation of the basic organs of labour law and appeals to the Municipal Tribunal as well as the possibility of appealing for a revision to the Labour Commission of the Supreme Court. Decree No. 132 had not been the subject of comments by the Committee of Experts, which had only mentioned Decree No. 34 and resolution No. 2, that was related to it. These later instruments had been the subject of a process of internal consultation at the national level with the central organs of the State, trade unions, courts and teaching institutions, the intention being not only to eliminate those aspects that might be interpreted and applied wrongly in connection with the Convention, but also to examine the possibility of the unification of the procedures, so that they would correspond to the principles governing the ordinary procedures in force in the disciplinary area in the country. It was, therefore, not just the change of a few details in Decree No. 34, but a question of a general revision so that it could be integrated into the ordinary system. When doing so, the Government would take account of the comments from the Committee of Experts. A proposal for preparing draft legislation had been presented by the Government and would be circulated again for consultation before being presented to the legislative body. As soon as the new legislation had been adopted the Committee of Experts would be informed.

The Committee of Experts had also requested additional information, in one case, after a derogation was made to resolution No. 50 of 1987 regarding the evaluation of journalists. In the new resolution adopted, the Government had taken into account the Committee of Experts' views on resolution No. 50, and as a result, the new resolution No. 17 presently in force did not contain any statement that was in contradiction with the Convention. The Committee of Experts, on this occasion, had confined itself to asking for information regarding the procedures for the carrying out of opinion polls which would be made available to the Committee in the Government's next report.

The last paragraph in the observation asked for information that could also have been obtained by direct request. Moreover, in this case it was not a general situation but a specific event that was corrected in the Training Centre for Fishermen that no longer existed. It was the Government that decided that this should be corrected; it was not because of the Committee of Experts, but following a labour programme in other areas in order to see how, in practice, the system of equality was to work, as established in the Constitution and in the Labour Code. The results of the inspections were put before the Committee of Experts at the appropriate time. There was no need to make any change to the internal regulations of the workplaces concerned because no violation of the principles of equality had been detected and no trace of an offence had been found, such as those which had led to the original comment from the Committee of Experts on the issue. Therefore, there was no point in maintaining in the Experts' report an observation on procedures that obviously had to be carried out as a part of the obligation of indicating, in the reports due, any changes in legislation. The speaker concluded by citing section 3 of the Labour Code which prohibited any discrimination in employment.

The Employers' members, recalling that this was the fifth time that the Committee had discussed this case, noted that, as compared to previous years, the Government placed more emphasis on the information being requested by the Experts, rather than on actually solving the legal issues at stake, which primarily concerned a political litmus test in conditions of employment and access to employment. The use of such criteria in employment violated Convention No. 111, except in very narrow circumstances relating to highly-placed government officials. While the Experts had noted last year that there was progress, it would appear to the Employers' members today that perhaps there was a slowing down of the pace of change. The measurement of that progress was fairly subjective, since discrimination on the basis of political opinion could occur in both direct and indirect ways, and the latter - the subjective indirect way - probably was the most invidious and difficult problem to remedy and to determine whether, in fact, the problem had been solved. With regard to the issue of applying political criteria to a wide range of jobs in the public administration, the Experts noted correctly that the application of this criteria was too wide. With regard to the dismissal of teachers, the loss of employment of up to five years for expressing a political opinion seemed to be particularly severe. With regard to the problem of the political evaluation of the work of journalists, primarily done through public opinion surveys, the Experts had requested that copies of the surveys and information as to how the surveys were conducted should be provided. The Employers' members considered that this would give not only a better understanding of the situation, but also some very constructive suggestions to solve this problem with respect to journalists.

Finally, concerning the issue of the personal verification forms for access to employment, the Employers' members were not convinced that the use of the verification form was restricted to one particular industry, as had been mentioned today. To the extent that these personal verification forms existed and were required, this constituted a particularly intimidating type of political environment for individual workers seeking access to employment.

In summary, the Employers' members considered that there still remained some very significant outstanding problems since the Committee first began to discuss this case in 1991, and urged the Government to speed up the process of meeting the requirements of Convention No. 111 concerning discrimination on the basis of political opinion.

The Workers' members recalled that when, in 1991, this Committee first considered the extent to which Cuban law and practice met the requirements of Convention No. 111, it was clear that discrimination on the basis of political opinion was an institutionalized feature of education and employment, and since 1991, there had been an almost continuous dialogue between this Committee and the Government of Cuba which had focused on the same fundamental issues, namely the impact of political beliefs on access to education, particularly post-secondary education, access to employment generally, and the situation in particular categories of employment, namely state administration, education and journalism. The Committee of Experts' observations since 1991 and the reports of this Committee's discussions showed that there had certainly been some progress by the Cuban Government in aligning both law and practice in employment matters more closely to the requirements of Convention No. 111, and yet this year the Committee of Experts' report demonstrated that a number of problems persisted in all three of the key areas.

In relation to access to higher education, this had been an area of progress, and this year the Committee of Experts had received further information from the Government which might indicate further progress, namely the statement that only objective criteria for qualifications were used in consultations to determine access to higher education. Now, despite the Government's reply about objective qualifications criteria, the Workers' members remained uneasy about the whole process of consultation, because of the potential it offered for allowing political views to be a consideration, hidden behind the claims of genuine objective criteria for qualifications.

With respect to the personal verification forms which requested some information on the workers' moral attitude and social conduct, and which were still used in many enterprises, the Government was saying that they were not used in a way which breached the principle of equality of opportunity and employment. The Workers' members would like to ask the Government why it persisted with the forms at all, because the terms "moral attitude" and "social conduct" were so wide that inevitably information not relevant to the worker's specific capacity to perform in a particular job, would become part of the assessment as to whether the worker was fit for that position, and thus open the way to abuse.

The Workers' members stressed that, in considering what changes should be made in limiting any positions within the administration, the Government of Cuba should take into account that it was difficult to justify any restriction that should apply and be dependent on the person holding the same or supportive political views as the government of the day. The Workers' members pointed out that there were models around the world where no such restrictions applied and yet the state administration was able to fully support the requirements of the government of the day. The situation that applied to education personnel remained completely unsatisfactory, particularly with respect to the teachers who had been dismissed from their posts. It was more than four years since the case of the 14 university teachers had been discussed by this Committee, and no progress at all had been made either to reinstate or compensate them for the discrimination that they had suffered. The Workers' members certainly supported the Committee of Experts' request to repeal the laws which permitted discrimination on grounds of political belief against any worker coming into direct contact with students.

As regards the position of journalists, who were subject to a list of indicators for evaluating their work which, in the Government's own words, included an evaluation of the scope and repercussions among the public of their activities and the public opinion surveys that were held to determine these evaluations, the Workers' members were highly sceptical that the procedures described could ever be acceptable in terms of Convention No. 111, as they were simply too open to abuse.

In conclusion, the Workers' members supported the request made by the Committee of Experts to the Government of Cuba for further information in relation to the positions in the state administration, teachers and education workers, journalists and the personal verification form, as well as the unequivocal statement by the Committee of Experts that the kind of discriminatory treatment suffered by the teachers was contrary to the Convention. The Workers' members hoped that the dialogue between this Committee and the Cuban Government - which had certainly been accompanied by some progress - would shortly cease due to the laws and practices of Cuba having been found to have met, in full, the requirements of Convention No. 111.

The Workers' member of the United States asked the Government of Cuba to inform the Committee whether and when the legal reforms would help individuals who had suffered political discrimination during the past two years. He then cited four individual cases out of those that were described in the United Nations Special Rapporteur's report on the situation of human rights in Cuba, dated February 1996, as well as some other cases described by various human rights organizations. According to Amnesty International some 600 persons were imprisoned for various political crimes such as distributing enemy propaganda, illicit association, contempt for authority, clandestine printing, or the broad charge of rebellion, often brought against advocates of peaceful democratic change. He concluded by asking the Government to respond with specific information in order to determine whether the legal changes described by the Government had any real practical effect.

The Workers' member of Cuba considered the intervention of the previous speaker to be inappropriate, because he diverged completely from the subject under consideration and from the subject of the observations from the Committee of Experts. He also asked the Government of the United States when it would cease organizing counter-revolutionary action in Cuba and indicated that he refrained from asking a thousand other questions because of his respect for this Committee.

The Government representative of Cuba provided additional details in connection with the issue of teaching staff. Teaching staff in Cuba had to observe the educational policy laid down by the relevant ministry. Those teachers mentioned in the report of the Committee of Experts were the subject of procedures established by Legislative Decree No. 34, but not because of their political opinions. The right to criticize and to hold political opinions was enshrined in legislation and respected. There were corresponding channels for expressing these opinions through machinery that the Cuban political and social system had established. As concerned these teachers, they had been given other opportunities of employment, which were not acceptable in all cases. In carrying out their functions and duties, these teachers had to abide by the policy established by the Ministry of Education or the Ministry of Higher Education. As regards the work of journalists, earlier legislation had been repealed and account had been taken of the observations of the Committee of Experts and a new system for evaluating the work of journalists had been created, similar to that established for other work. One of the elements of this evaluation was the public significance and impact of their work. For this, it was relevant to consider whether journalists had contributed to resolving or rectifying shortcomings or errors. This had nothing to do with political opinion. In order to carry out such an evaluation, the press bodies carried out public opinion polls. The Committee of Experts was not asking for a change in the legislation, as these evaluations were not considered contrary to the Convention: it was asking merely for additional information about the form and methodology used for these polls. This information would be sent at the right time to the Committee of Experts. In connection with other cases that were not covered in the observations, there was a great weight of subjective criteria and unproved evidence and also political approaches from a different angle. Much of this talk was not entirely free of the climate of threats and hostility under which her country had lived for 37 years. She therefore asked this Committee to try and maintain a dialogue on the basis of positive measures, not on the basis of hostility because on that basis it would get no concessions from the Cuban Government.

The Workers' members stated that all members of the Committee were knowledgeable about the environment in which Cuba operated. In relation to the situation of the university teachers, the Government representative said that it was understandable that they needed to work within the requirements laid down by the Government as to what it was appropriate to teach, and so on. From the Workers' point of view, while they did not want to see discrimination on the basis of political opinion anywhere, such discrimination was particularly dangerous to the whole society at the level of university teachers because it closed off the possibility of creativity for new ideas and new ways to develop and flourish.

The Government representative of Cuba pointed out that the conclusions of the Committee included the question of access to a higher education which had not been raised in the Committee of Experts' report.

The Committee took note of the report of the Committee of Experts, the information supplied by the Government representative and of the ensuing discussion. It wished to recall its concern in respect of the possibilities of discrimination based upon political opinion, in particular with respect to teachers and journalists in the public sector and also in access to higher education.

The Committee expressed the hope that the labour legislation would be re-examined so that full account could be given to these considerations and those expressed by the Experts, in such a way that teachers were not discriminated against on the basis of their political opinions, and that the posts in the state administration controlled by the Communist Party would, in future, be restricted solely to a certain number of high posts linked directly to government policy. The Committee requested the Government to supply the Committee of Experts with information in this regard which would allow it to ascertain progress in the near future.

The Government representative of Cuba pointed out that the conclusions of the Committee included the question of access to a higher education which had not been raised in the Committee of Experts' report.

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

A Government representative of Cuba stated that the Committee of Experts took note with interest and satisfaction of the measures adopted by the Government, inter alia, the amendment of some legislation and other practical measures so as to avoid erroneous interpretations departing from the principles of equality enshrined both in the Constitution of the Republic and in the Labour Code. When the Committee of Experts evaluated the information submitted by the Government, as a case indicating progress, it was recognizing the will expressed by the Government to fully comply with Convention No. 111. None the less, the Committee of Experts requested additional information on some aspects for which the Government representative expressed the following:

Paragraph 1. The changes which had occurred in the country, including the reorganization of the bodies of the central administration of the State, meant that those directly related to some of the measures subject to observation had to be analysed.

In an ordered and gradual way the labour and wages law was being overhauled to adapt it to new, existing and future conditions. It was necessary to take into account that the process of adapting labour and wages legislation could not take place overnight, it had to be done through a careful analysis and through consultations with organizations, companies or undertakings and trade unions.

Paragraph 2. The Committee noted with satisfaction one of the important measures adopted by the Government which showed the will expressed by the Government to delete anything that could be interpreted erroneously as being in conflict with equality of opportunity and treatment underlying the educational system of the country.

Paragraph 3. In addition to the qualifications required for each speciality, another of the essential requirements to be a teacher was to be accepted by the college of teachers and the student body. In the present case, the assembly of workers of the institution, in two meetings of the teachers and at the students' assembly, had adopted an agreement to request the rector to dismiss the person in question from the teaching corps. The procedure adopted was that laid down in Legislative Decree No. 34 of 1980 which provided that the dismissal of teachers may be decided upon by the rectors of universities and was subject to appeal to the Minister of Higher Education. This was an exceptional procedure, only applied to teachers in teaching centres with direct relationship to students because an ordinary procedure existed for the final dismissal of workers for disciplinary reasons, contained in Legislative Decree No. 132 of 9 April 1992 which regulated the workings of the organs of labour justice and provided that an appeal may be made to the Labour Court of the Supreme Court.

Paragraph 4. This paragraph repeated the arguments in respect of Legislative Decree No. 34 of 1980 and, as already mentioned, important aspects of the labour law needed to be revised to bring it into line with the new conditions existing in the country. When this was done, the Committee of Experts' comments would be taken into account in respect of Legislative Decree No. 34 of 1980.

Paragraph 5. The Committee of Experts noted with interest the repeal of resolution No. 50 of 1987 by resolution No. 17 of 16 November 1993 and requested additional information as to the practical application of section 3 which listed the indicators used in evaluating the results of the work of journalists, in particular paragraph (c), which dealt with the scope and repercussions among the public of their activities. The Committee of Experts' report stated that the text of resolution No. 17 of 16 November 1993 contained in its annexes extensive information on the practical application. In Annex 3 it set out the indicators for evaluating the work of journalists. Regarding the information requested on the scope and repercussions among the public of their activities, Annex 3 explained that an element for consideration was whether the journalists contributed to solving or rectifying errors and therefore merited public recognition by society. This information had been transmitted to the Committee of Experts in the form of annexes to resolution No. 17 of 16 November 1993.

Paragraph 6. As soon as there was a new regulation on employment policy it would be handed to the Committee of Experts. None the less, it was confirmed that changing the content of professional records did not depend on the new regulation to be adopted. The contents of these professional records had already been amended in resolution No. 1 of 1993 in line with the specific request of this Committee. The text of resolution No. 1 and the format of the professional record had been sent to the Committee of Experts in the previous report.

Paragraph 7. The Committee of Experts had been extensively informed about the procedure contained in resolution No. 1 of 11 March 1994, explaining that entry to higher education was done on the basis of the academic index and the marks obtained in the entry exams, the role of the teaching institutions and the part played by the student body. The practical application of the resolution had not contained any of the prohibited elements listed here. The consultation mentioned in the resolution between the rectors of the universities, the provincial directors of education, the Communist Party and the trade unions was intended to support the dissemination and application of the activities governing this resolution in respect of entry exams and also the responsibilities of the teachers in this respect. As a part of these consultations, no criteria were applied which differed from those used in qualifications as established in the resolution itself.

Paragraph 8. Concerning access to employment, no internal rules had been issued which violated the Convention. The nature of the measures adopted was to check compliance with the principle of equality in employment enshrined in the Labour Code, although there had been no infractions reported in this respect.

Paragraph 9. As can be seen, the posts mentioned in this paragraph were directly connected with the policy of the State, as pointed out by the Committee of Experts in its General Survey.

The Employers' members thanked the Government representative for the precise information relating to each of the points in the Committee of Experts' report. This was the fourth time since 1991 that this case had been discussed and each time there was only minor progress. The fundamental problem was the various definitions and criteria that were applied concerning employment or access to training which, given the history in this particular country, could be abused in practice. The Employers' members noted some improvement, relating to entries in school records, and that each year the observations by the Experts indicated that in some new area there was improvement. Furthermore, it was clear from what the Government representative had said that the Government had a clear understanding and appreciation for the Experts' comments. But looking at the totality of the observations, there were eight areas of the Government's law and practice which were not in line with the prohibition of Convention No. 111 relating to political opinion discrimination.

The Employers' members concluded by stating that although the report of the Committee of Experts contained some encouraging indications, vestiges of political opinion discrimination continued to exist in law, and that substantially more was required by the Government to bring both its law and practice into line with the requirements of Convention No. 111.

The Workers' members agreed with the Employers' members that small steps had been made slowly, but hoped that the end result would be positive. However issues remained, some of which required more clarification than change, and others which still required action. Furthermore, they agreed that the problem in dealing with this case was that there had perhaps been too much concentration on the precise nature of the law and not enough on the point raised by the Employers' members concerning the actual practice. As the Committee of Experts observed, the accumulated school record problem seemed to have been solved and perhaps did not need further investigation. Concerning conditions of employment, there were one or two issues of concern. First, the Workers' members requested clarification on what in practice was meant by essential qualities required for teaching and whether these qualities included political conformity. Second, they asked the Government to confirm its statement that there was some independent judicial appeal beyond the Ministry of Education for people who were dismissed from teaching jobs.

The Workers' members were also concerned about the possibilities of dismissal for activities that were contrary to social morals. They noted that major changes were under way, and that the Government would provide copies of the appropriate amendments that had been introduced. They noted the repeal of resolution No. 50 of 1987 regarding the evaluation pay of journalists, but were slightly worried about the application of section 3 of the new regulations and wanted to know how the regulations operated in practice, including any examples of when it was used. Regarding access to employment and training, the Workers' members shared the Committee of Experts' concern about the consultations between the university authorities and the Communist Party; whether these consultations included matters other than professional qualifications and ability. They also requested information on this point.

Finally, the Workers' members were concerned about criteria for placement in administrative posts. It was understandable that ministers and top people in government departments might have to follow the political faith of the party, although that was not true in many countries; but the level at which political conformity with the party in power was a justification for holding the job must be limited to very few people. They hoped that the precise nature of the posts involved in this area could be established to the Committee of Experts' satisfaction. The Workers' members underlined that the Committee of Experts was less concerned about the laws and more concerned about whether the practices of the past still prevailed, and requested that information continue to be provided until all the problems were finally resolved.

The Government representative expressed her thanks and took note of the comments of the Employers' and Workers' members. She observed in particular that basically it was a question of continuing a dialogue to exhaust all small points on which there were still doubts. A copy of the legislation which had been mentioned would be transmitted once adopted. The opinions expressed during the discussion would be communicated to the appropriate authorities and the next report of the Government would contain the information requested.

The Government representative made a reservation concerning the part of the conclusions of the Committee in which it considered that there was scope for political discrimination in access to training and employment. That did not accord with the observations of the Committee of Experts, or with the discussion maintained in the present Committee. In this respect, she recalled that the Committee of Experts had noted this as an area of progress in the application of the Convention, and that now, it was only necessary to make certain modifications and to send the required information.

The Committee noted the observations of the Committee of Experts and the statement of the Government representative. The Committee felt that in respect of conditions of employment, access to employment and access to training, seemingly there was scope for discrimination based on political opinions of individuals. The Committee urged that a further report be given by the Government clarifying that in fact discriminatory practices militating against Convention No. 111 did not exist. The Committee further asked the Government to provide practical information on the implementation of the legal provisions relating to conditions of employment so that the Committee of Experts could further examine that Convention No. 111 was being complied with.

The Government representative made a reservation concerning the part of the conclusions of the Committee in which it considered that there was scope for political discrimination in access to training and employment. That did not accord with the observations of the Committee of Experts, or with the discussion maintained in the present Committee. In this respect, she recalled that the Committee of Experts had noted this as an area of progress in the application of the Convention, and that now, it was only necessary to make certain modifications and to send the required information.

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

The Government has communicated the following information:

The Government considers that the Committee of Experts should evaluate the present information in the wider context of changes in the structure and the functioning of the central administrative bodies of the State, in the framework of the reforms introduced to the Constitution of the Republic. On 21.04.1994, Decree-Law No. 147 was adopted which provides for the reorganization of the central bodies of the State, to adapt them to the conditions of the present special period, as well as to the international exchange and collaboration which the country is developing in the actual international circumstances. According to the above Decree-Law, a great number of central administrative bodies of the State will disappear and their functions will be transferred to others. The heads of these bodies shall present, within 90 days, proposals to a committee created within the Council of Ministers, dealing with the organization and functions of the new bodies. This committee shall take the necessary decisions not more than one year later. This process of institutional and economic reorganization of the country, of simplification and rationalization of the State apparatus, including the decentralization of the foreign trade and the increased financial and operative autonomy of the enterprises passes into the economic plan through an ensemble of measures which will be adopted at the same time in a gradual and cautious manner.

With respect to the different paragraphs of the observation, the Government provides the following indications:

1. An example of the new form for the students' accumulated records is appended; it is being printed and will be used from the next school course onwards. The actual forms have been modified according to a circular letter of the Ministry of Education, dated 06.02.1993, to eliminate the data that were irrelevant to the educational process and which were the subject of the Committee of Experts' observations. These data have also been eliminated from the new form.

2. Resolution No. 590 of 1980 has been repealed completely by Resolution No. 1 of 1993 which provides for the withdrawal from the workers' records of the information required by Resolution No. 590. Section 3 of Resolution No. 1 of 1993, while mentioning that the procedure to follow for the recognition of a praiseworthy attitude of a worker will continue to be the responsibility of the trade union movement if it deems it useful and in accordance with its working methods, refers to production or branch assemblies which are periodically summoned by the trade unions in every work unit. In the Cuban system of labour relations the trade unions participate in the control and the evaluation of the fulfilment of the work plan of the work unit, according to its structural organization, whether at the level of the departments, workshops, etc. In these assemblies, on the basis of the report which the administration presents on the state of fulfilment of the previously agreed workplan, those workers will be mentioned who have distinguished themselves for their efficiency, punctuality and the quality of their work results in relation to the individual and collective performance. This is a trade union activity where the Cuban workers have an opportunity to express themselves and which relates to a public recognition that stimulates a good worker and has no relationship with the provisions of this Convention. Furthermore, the Government assures that since Resolution 590 has been repealed, which was the subject of comments of the Committee of Experts, no control on the elements that have been the subject of the observation has been exercised in the workers' records. A new form of the work records is appended.

3. With respect to the dismissal of 14 university professors some years ago, Decree-Law No. 34 of 1980 has been applied which provides that dismissal from the duties of a teacher in higher education may be decided by university deans and may be challenged before the Ministry of Higher Education. In the present case the concerned teachers had, at that time, lost their status of university teachers, but not their work relationship with the Ministry of Higher Education. They have all been offered new jobs and they have voluntarily decided not to accept them.

4. As far as the regulation of the system of inspection of the Ministry of Education is concerned, the Government has indicated that the entire school inspection system is in a process of change and has to adjust to the provisions of Decree-Law No. 147 of 1994, respecting the reorganization of the bodies of the central State administration. The inspectorate of the Ministry of Education will give advice, direct the methodological orientation and the general and special State supervision, through systematic exchanges with the different departments and centres of education. The political elements mentioned in these paragraphs refer to the policy of the educational system and not to the elements prohibited in the Convention. Decree-Law No. 34 of 1980 is also being revised and modified according to the terms of the provisions of Decree-Law No. 147 of 1994, respecting the reorganization of the bodies of the central State administration. Resolution No. 2 of 1989, respecting the rehabilitation of workers to whom Decree-Law No. 34 has been applied, provides for the possibility of reducing the term to a period of less than five years for such rehabilitation.

Evaluation of workers

5. Resolution No. 50 of 1987 has been repealed by Resolution No. 17 of 1993, which has eliminated the elements which were considered incompatible with the Convention. The text of Resolution No. 17 of 1993 will be transmitted with the next report.

Access to training

6. As admitted by the Committee of Experts, the criteria for admission to higher education depend on the qualifications that the candidates have demonstrated in evaluation tests, based on the academic index of the student, which is in turn determined by examinations. Consultation of the above and of the students' collective has no connection with the criteria prohibited under the Convention. It is part of a work style of wide participation in the teaching institutions, to guarantee the functioning of the teaching institution, to analyse the success and defects of the organization and of the school management with respect to the execution of school programmes.

Access to employment

7. Revision of internal regulations of some enterprises has been concluded and, as pointed out in a previous report, some cases indicated by the Committee of Experts had already been modified before the revision was undertaken. In pursuing the revision, the labour inspectorate has suggested not to include in future regulations elements which might lead to erroneous interpretations or which would lead away from the principle of equality in employment, as provided for in section 3 of the Labour Code which directs the employment policy of the country and says literally: "Every citizen able to work has, without distinction as to race, colour, sex, religion, political opinion or national or social origin, the opportunity to obtain an employment through which he may contribute to the ends of society and to the satisfaction of his necessities".

8. The content of the workers' records has been modified factually and in law, with respect to the provisions of Resolution No. 1 of 1993 repealing Resolution No. 590 which was the subject of comments of the Committee of Experts. The new Resolution provides that the forms in which the merits of workers are inscribed have to be withdrawn. The new form of workers' record, appended hereto, does not contain any element in contradiction with the Convention.

9. The posts of the State administration correspond with the criteria expressed by the Committee of Experts in its General Survey, referring to high-level posts related to Government policy. The Government notes the paragraph mentioned in the General Survey of the Committee of Experts.

In addition, a Government representative added some general remarks to supplement the written information furnished to the Committee. She noted that since 1991, when this case was first discussed at the Committee, important modifications to the legislation and to the practice took place with regard to the application of the Convention. She referred to the repeal of Resolution No. 590, which had been noted as a case of progress in paragraph 135 of the general report of the Committee of Experts with regard to Convention No. 29, and considered that this should be seen in the same manner with regard to Convention No. 111, since an important change had been introduced to the contents of the labour records following a request of the Committee of Experts; in the new labour records, the elements recorded under Resolution No. 590 were eliminated. She also indicated that, in the new form accumulated for the student's school record, information that was unnecessary to the educational process was eliminated and that the repeal of Resolution No. 50 of 1987 regarding the evaluation of the work of journalists, together with the adoption of new provisions, complied with the request of the Committee of Experts. The speaker further indicated that other measures had been carried out, relating to labour inspection in the plan of investigations and to a correct application of the provisions that had a bearing on the Convention, so as to avoid erroneous interpretations that did not correspond to the principles of equality expressed in the Constitution of the Republic and in the Labour Code. The labour legislation should be adapted to the changes in the structure and the functioning of the organisms of the State Central Administration.

She concluded by confirming the Government's willingness, already expressed on different occasions, to modify the legislation, according to the necessities and to the particularities of social and economic transformations, taking account of ratified international Conventions.

The Workers' members thanked the Government representative for providing very detailed oral and written information. The written information made the point that the Committee of Experts needed to evaluate the present information in the context of changes taking place. On 21 April 1994, Decree Law No. 147 was adopted which provided for the reorganization of virtually all central bodies to adapt them to present social conditions. To the extent that the changes affected the application of any Convention that has been ratified by Cuba, the Government should transmit details of how they are affected to the Committee of Experts. Resolution No. 590 of 1980, which established merits and demerits on workers' records based on political views, has been repealed by Resolution No. 1 of 1993. Since this was the concern of the Committee of Experts and since it has been done away with, the Conference Committee need not concern itself with this. The dismissal of the 14 university professors was quite serious. It was alleged that the professors were dismissed because of their political views. The Government has maintained that the grounds for dismissal were different, but the Committee of Experts has not been given information on the reasons. In addition, there was no provision in national legislation to provide for tribunals or access to law for the professors to appeal. More information should be given by the Government concerning this in their next report. The Government has indicated that the entire school inspection system was in the process of change and must be adjusted to the provisions of Decree Law No. 147 of 1994. The Committee of Experts required detailed information on this. The Government informed the Committee of Experts that it intended to make amendments to bring the texts into line with the changed circumstances, and the Committee of Experts' comments would be taken into account. Concerning access to training, the Committee of Experts was satisfied that candidates were now being evaluated entirely on the basis of their academic record. The Committee of Experts was also concerned about the students' collective and trade union involvement and the Workers' members requested more information about this in the next report. Concerning access to employment, they noted that the revision of the internal regulations had been concluded. In carrying this out, labour inspectors suggested not to include in future regulations elements which might lead to erroneous interpretations or which led away from the principle of equality in employment as provided for in section 3 of the Labour Code. They requested the Committee of Experts to investigate this in detail. The point about the journalists had been cleared up, and this too could be examined by the Committee of Experts. Also, the new form for workers' records did not contain anything in contradiction with the Convention. A final point concerned posts in the state administration. If these were very senior posts, very top level posts like government advisors, in which a person must hold certain political views, then it may be acceptable. But if this requirement continued right down through the state administration, it was unacceptable. The Workers' members felt paragraph 9 of the written information did not offer any useful information. It stated that posts in the state administration corresponded to the criteria expressed by the Committee of Experts in its General Survey. The paragraph gave no indication as to whether the Government was taking account of those comments. They concluded by expressing the feeling that much progress had been made, but that not everything had been resolved. The points must be examined by the Committee of Experts and, in particular, the changes to be introduced consequent to Decree Law No. 147.

The Employers' members, while welcoming the positive indications in the report, were more concerned and more critical than the Workers' members. It was useful to define exactly what was at issue. This case concerned a number of different legislative and regulatory practices that resulted in discrimination based on political opinion which was contrary to Convention No. 111. The Committee of Experts noted that guidelines for the use of student records for teachers were a positive development. The Employers' members were concerned that, while much has occurred, it was not clear that the measure would result in meaningful concrete changes relating to full implementation of and compliance with Convention No. 111. Decree Law No. 147 provided for a general reorganization of administrative bodies and law in practice but it was unclear how this would deal specifically with the issue of political opinion discrimination. The first point in the document related to the students' accumulated records and certain data being eliminated from the new form. They suggested that the Committee of Experts review this. Point 2, concerning merits and demerits, on the surface it appears that the changes will make this operate better. However, the Employers' members had some doubts given that the Conference Committee had dealt for a number of years with the issue of trade union monopoly in Cuba. This may simply be another way of avoiding compliance with Convention No. 111. Point 3 dealt with the dismissal of the 14 university professors, and the last sentence noted that they had been offered new jobs which they refused. The important point is that the professors had no opportunity to appeal the dismissal in front of an administrative or judicial body. The Employers' members felt much more needed to be done on this point. Point 4 dealt with the school inspection system. The Government noted this was in a process of change, and the political elements mentioned referred to the policy of the educational system. This appeared to be an improvement but it must continue to be monitored. They pointed out that there were a number of other issues they wished to address, but there was simply not enough information on, for example, workers' access to training and to employment. It was hoped that the Committee of Experts would provide a helpful analysis. The Employers' members concluded by stating that the central concerns of the Conference Committee - the moral requirements that must be taken into account in a whole variety of employment circumstances - still remain in play. They requested the Committee of Experts to examine the information supplied by the Government in detail and to indicate whether the legal and practical situation in Cuba was demonstrating better compliance with the Convention. They urged that the conclusions be firmer than those of 1992. While they recognized there had been some progress, the Government had much more to do to bring its law and practice into line with the requirements of Convention No. 111.

A Workers' member of Colombia appealed to the Cuban Government to intensify the work to improve the rights of Cuban workers in every sense, above all as regards the right to non-discrimination based on ideology and party membership in which they believed, according to the Committee of Experts.

The Government representative stated that she had taken note of all the concerns expressed which would be duly taken into account by her Government in future reports. Referring to the intervention of the Workers' members, she stated that the posts in the administration of the State, to which the Committee of Experts referred in paragraph 9 of its observation, did not include all posts but were limited to certain posts, such as President, Vice-President, minister, deputy minister and certain executive posts.

The Committee took note of the written information provided by the Government, as well as of the discussion which took place. With regard to conditions of employment, the Committee noted the measures taken by the Government, in particular new legislation announced in the written information. It hoped that the Government would do everything in its power to continue to harmonize the legislation with the Convention. With regard to the evaluation of workers, the Committee noted with interest the repeal of Resolution No. 50 of 1987, and it asked the Government to provide a copy of this decision with its next report and expressed the hope that all necessary measures would be taken to guarantee, in law and in practice, the full application of the Convention. With regard to access to training and employment, the Committee expressed the strong hope that the Government would be able to indicate in its next report considerable progress in the application of the Convention. In general, the Committee would like the Government to continue to provide complete and detailed information on all the questions raised by the Committee of Experts in order to allow it to assess the constant evolution of the situation in law and in practice.

Individual Case (CAS) - Discussion: 1992, Publication: 79th ILC session (1992)

The Government communicated the following information:

1. As concerns the comments of the ICFTU, the Government furnished the following information:

The Ministries of Education and Higher Education have undertaken studies with a view to redefining the information which must be contained in the student's school records with a view to removing from this record elements which do not involve academic matters and the interests of the student. Once this study is completed, consultations will take place with student organisations, trade unions and the administration of educational institutions, and the new model school record will be transmitted to the Committee of Experts.

Moreover, the Government repeats the information previously communicated, that is, that no information contained in the student's school record has been used to discriminate with respect to access to training or in the continuation of studies. This is demonstrated by the massive enrolment of the population in educational programmes and the large number of high-level degrees granted.

As concerns the cumulative labour record, a draft regulation on employment policy is now the object of consultations with trade unions, enterprises and central administration. This draft addresses recent developments and will replace the regulations in force, applied by resolution No. 51 of 1991.

The new draft defines the content of the cumulative labour record by indicating clearly that the new version may contain neither information on the political activities nor the merits or demerits which had previously been included in the old version of the file by virtue of resolution No. 590/1980. (The Government attached to its communication the text of article 82 of the draft regulation on employment policy which defines the content of the cumulative labour record.)

As concerns the personal verification form, which contains information on the worker's social conduct, it is necessary to emphasise that this form had been elaborated by the Andres Gonzales Lines School of the Fishing Institute, where the establishment of a personal verification form was a part of the conditions required for the recruitment of qualified personnel. The verification of facts contained in the form is not a general practice and it is not in harmony with the principles which flow from the country's employment policy; it is effectuated as part of internal rules, which have since been modified by the Institute.

Moreover, it has been decided to conduct a general inquiry on the internal rules which have been established by some enterprises, with a view to pulling from files all information which may give a basis for erroneous evaluation of information given relative to moral attitudes or social conduct of workers and which are extraneous to that which is normally required to initiate an employment relationship in any system of employment relations.

The observation also mentioned examples presented by the ICFTU, based on the testimony of persons residing abroad who indicated that they had been involved, at times not stated in their declarations, in work disputes where they had complained about recognition of their rights. The state inspection conducted an inquiry on some of these cases. In a large number of mentioned cases, the ICFTU intended to present them in a false light, as if they concerned cases of discrimination for political reasons and only one case of discrimination on the basis of sex, when, in reality, the complaints were presented by workers who had enforced their rights sometimes by trade unions, sometimes by labour courts, and where they found, in each case, an adequate solution to their problems in conformity with the law. In a large number of cases, it was not possible to identify the person, the work centre, or the facts alleged, by reason of questionable witnesses who had been used abroad for propaganda.

2. As concerns the comments of the Latin American Central Organisation of Workers (CLAT), the Government has already sent a response, dated 3 February 1992, to the Office.

Access to training

As concerns paragraphs 3 and 4 of the Committee of Experts' observation, as indicated above, a new model school record is now being analysed with a view to removing from it all information foreign to the educational process. The Government reiterates the information previously given, that is that information contained in the records were not used for discriminatory purposes; nevertheless, the draft will amend the record.

Access to employment

As concerns paragraph 5 of the observation, the Government confirms that Legislative Decree No. 82 of 1984 and its implementing regulations do not contain political requirements relating to the employment system in the state bodies. This regulation is independent of the contents of the list of posts recognised by this system. The criteria set out by the Committee of Experts concerning management posts in the field of education are out of place as they are not based on the juridical concepts set out at the beginning of the paragraph. It has already been indicated that these provisions do not contain elements of a political nature, and that they do not relate to the list of posts. It must also be underscored that, contrary to what has been indicated by the Committee of Experts on the subject of the managerial posts and the "spirit of collectivism" and the "attachment to the masses and confidence in them", these requirements are not prohibited by Convention No. 111; these terms refer to characteristics of an educational system which offers to student organisations the possibility to participate in fundamental decisions concerning the system.

As concerns paragraphs 6 and 7 of the observation, the Government confirms that the provisions discussed there are undergoing an analysis which has as its object their adaptation to current circumstances and requirements which affect the activities which they regulate. The Government takes note of the observations of the Committee and will take them into consideration when elaborating the new standards in this field.

Evaluation of workers

As concerns the provisions enumerated in paragraph 8 of the observation the above information concerning modifications being made to the cumulative labour record apply.

Concerning resolution No. 590/1980, the Government indicates that it is about to finalise a process of consultation with the trade union organisations and the directions of the enterprises and bodies concerning a draft resolution which will repea1 resolution No. 590 concerning labour merits and demerits. The draft amendment is also expected to remove the "list of work merits and demerits" previously kept in the file by virtue of the resolution, from the cumulative labour record. In so far as the consultations have concluded, the text of the amending resolution will be communicated to the Committee of Experts. (The Government attached to this communication the text of the draft resolution.)

The Government states the criteria previously mentioned and applied for evaluating the qualifications of workers with a view to their access to employment was not based on resolution No. 590 but on other provisions. These have been communicated to the Committee of Experts and have not been the subject of comments. Now resolutions Nos. 18 and 19 of November 1990 and No. 4 of 1991, the texts of which were furnished to the Committee last year, are applicable.

Finally, the Government would like to emphasise that the Constitution as well as the Labour Code establish the principles of equality for all citizens and all workers in all matters relating to work and education. These are the principles which have guided the country's policies on employment and education. These principles are not a dead letter; to the contrary, they have concrete results in their practical application.

Cuba has the lowest unemployment rate in Latin America and, under the current economic conditions, has taken measures to ensure - without discrimination of any sort - that no worker will find himself without employment on account of job-creation policy. Adequate protection is also being guaranteed in each specific case.

As regards educational policy, a system which provides free education to the entire population - as demonstrated by the statistics on educational participation and the numbers of graduates from different centres of higher education - leaves no place for discrimination.

In addition, a Government representative reiterated the written information communicated by the Government. She added that the detailed information provided demonstrated the goodwill of her Government with respect to the employment policy in her country based on the principles of equality recognised in the Labour Code.

The Workers' members thanked the Government for the detailed information it communicated both orally and in writing. They noted that the case was very complicated and that it would be difficult for them to comment in detail on the various aspects. There appeared to be, however, some signs of progress. The Government had indicated in its document that the Ministry of Higher Education was reviewing the possibility of redefining the information to be contained in the school records. They requested the Government to provide full information on the results of this review to the Committee of Experts to enable it to examine the relevant information with respect to the application of the Convention. As concerns the cumulative labour records, it appeared that a draft regulation on employment policy was the object of consultations with trade unions, enterprises and the central administration. Further information on this point should also be provided to the Committee of Experts for examination. The personal verification forms which had apparently been elaborated by a fishing institute were not in accordance with the Government's wishes and the Government had indicated that a general inquiry on the internal rules established by some enterprises was being made so that all information which might give a basis for erroneous evaluation would be pulled from the files. Finally, they noted the Government's indication that the revision of resolution No. 590/1980 was the subject of consultation with the trade unions. While they certainly did not feel that the application of this Convention was yet assured, they welcomed the reviews being undertaken and hoped that all the relevant information would be communicated to the Committee of Experts in order to permit an examination of the situation. They hoped that the process undertaken by the Government and future dialogue would continue.

The Employers' members also noted the detailed information provided by the Government which, while last year appeared to be more quantitative than qualitative, this year indicated a favourable development. They recalled the Committee of Experts' comments concerning access to training, access to employment and the "moral" requirements taken into consideration in this regard. Unfortunately, the State was the judge of what was "moral" and this could include political criteria, in contradiction with this Convention. They welcomed the Government's indication that many of the comments made by the Committee of Experts were being reviewed and that changes would be made. They queried, however, whether the changes would be sufficient. They felt that the reply made by the Government was a step in the right direction and requested the Committee of Experts to examine the information supplied by the Government in detail in order to indicate whether next year the legal and practical situation in the country had indeed demonstrated better compliance with the Convention.

The Committee noted with interest the written and oral information provided by the Government. It appeared that progress was being made on the points raised by the Committee of Experts. It hoped that the Government would send further information on these points so that the Committee of Experts could make a full assessment on these points in the future.

Individual Case (CAS) - Discussion: 1991, Publication: 78th ILC session (1991)

A Government representative made the following statement:

Access to training

As concerns education, article 50 of the Constitution of the Republic provides:

"Everyone has the right to an education. This right is guaranteed by the broad and free school system, by boarding schools, scholarships, in all types and levels of teaching, and by the provision of free school materials to every child and young person whatever the economic situation of their family, as well as the possibility to study in accordance with their aptitudes, social requirements and the needs of economic and social development.

Adult men and women are assured this right under the same conditions of free of charge and with specific facilities regulated by the law concerning adult education, technical and occupational training, worker training in enterprises and State bodies and courses of higher education for workers."

This declaration in the Constitution of the Republic is not a mere statement. The state budget for 1990 provided over 11.4 per cent of the total budget for education, not including investments. This statistic, if one compares it with what was spent on education in many other countries, including developed countries, demonstrated the importance given by the Cuban Government to the education of its people.

The development of education up to the ninth grade, which was the minimum level of education required at present, had been very rapid in Cuba since the eradication of illiteracy in 1961; 98.3 per cent of children between six and fourteen were in school. This was proof of the mass level of education achieved in the country. By way of example, in 1962 there were only 3,960 doctors in Cuba and in 1990, as a result of the attention paid by the Government to education and health, there were 38,690 doctors, which meant that there was one doctor for every 274 people in the country. There were more than 800,000 professionals and technical experts in a labour force which had reached just over 3 million workers.

The creation of new study centres, the increase in matriculation and scholarships at various levels and higher qualification requirements in the educational profession were the features of the educational system in Cuba, not exlusion or discrimination.

The Committee of Experts in its observation took note that most of the texts referred to previously had been repealed or amended. The aspects which had been the subject of observations were not used as the basis for discriminatory practices and were interpreted from the moral, and not the political point of view, taking into account the function of training children and young persons in the moral principles accepted by the Cuban society.

The Committee of Experts requested explanations concerning the criteria on which the list of candidates of those graduating from pre-university studies desiring to continue their studies at a higher level was approved. In this respect, Resolution No. 1/89 of the Ministries of Education and Higher Education established in section 3 that the list was drawn up in agreement with the academic index achieved in the 10th, 11th and 12th grades, which represented 50 per cent of the points; the other 50 per cent were granted on the basis of the students' results on their higher education examinations.

The students, who were not approved according to this procedure and who were not put on the list because of low grades, as well as those who although being approved on the basis of their examination results demonstrated a preference to continue studying in occupational technical education, can matriculate in polytechnic centres according to resolution 260/88, and in any case they are able to follow higher education courses for workers or leaders.

In this entire detailed procedure set forth in the resolutions mentioned there was no requirement of a political or ideological nature which would change the result of the academic index of those students to be placed on the list of candidates.

The Committee of Experts had expressed concern at the approval required for being on the list of candidates for admission to higher education. The approval was not given in isolation or unrelated to the evaluation of the entire educational process, but was granted through a democratic process in which the teachers and the student collective constituting student assemblies participated.

The teacher carried out assessments and examinations to test the knowledge, according to the relevant programme, and gave these results to the student assemblies; the student collective at the same level and group analysed the qualities of the personality of the student, his or her"calling" for the vocation, discipline, dedication to research, participation in work teams, human relationships, etc. In this way, the educational process prepared the student to live harmoniously in his or her environment. The student collectives, thus participated in the educational process regarding the responsibilities of the institution and the assessment of the achievements and failures of the organisation and management of the school.

These were the aims of the evaluation process and the way in which approval was given in practice.

In respect of the requirements for admission to the "Manuel Ascunse Domenech" Teaching Unit, the Government representative noted that this programme was set up for front-line students with a strong calling for the teaching profession, who from the beginning have studied this subject in order to resolve the problems which still exist for working in isolated places or in less advantageous conditions which required additional efforts to those required by others teaching under traditional conditions. This need to work in isolated places is diminishing due to the level of development reached in the educational system which had set up schools of all types in the most isolated places and training teaching staff at the regional or provincial level. The requirements listed here did not constitute elements of discrimination prohibited by the Convention, but refer to additional provisions for those who were willing to carry out these tasks in the places where they were most needed. Nevertheless, those who did not want to do this had the opportunity to study to become a teacher according to other programmes.

As concerns the regulations respecting"directed courses" set forth in Resolution No. 250/81, as amended by resolution No. 66/85 of the Ministry of Higher Education, this amendment specifically introduced the notion that the requirements set forth previously were only of a moral nature in relation to social behaviour of the individual and were not connected with political opinion.

These principles had to be approved by the administration or trade union section so that the request for worker's courses could be signed by trade union representatives and by the administration. It was only an issue of a conventional administrative routine like those which could exist in the ILO for obtaining a scholarship or any teaching centre anywhere in the world, which required signatures from someone for the approval of a request.

Regarding measures taken or envisaged to ensure that the content and practical application of these provisions mentioned in the observation could not give rise to discrimination contrary to the provisions of the Convention, the Government representative recalled that, in her Government's previous report, it was indicated that a large number of regulatory provision concerning the teaching profession, which set out a number of requirements that could be misinterpreted, were repealed. These requirements were repealed in some cases and in others were sufficiently clarified.

Access to employment

With regard to access to employment, it would also be useful to make relevant clarifications, given that under this very broad and general title the Committee of Experts' observations on very specific matters might give rise to generalisations.

The Labour Code which laid down the basic principles of labour law stipulated in section 3(b) that"every citizen able to work, without distinction on grounds of race, colour, sex, religion, political opinion or national or social origin", shall have the opportunity to obtain employment by which he may contribute to the aims of society and to the satisfaction of his needs.

Resolution No. 51 of 1988 of the State Committee of Labour and Social Security provided the regulations in force for the application of employment policy and contained the general principles of this policy, as well as all issues relating to the labour contract, its form, modifications, suspension or termination of the labour relationship, and was complementary to the Labour Code in these matters.

None of the labour rights consecrated in the Labour Code nor any of the provisions of the resolution on the application of employment policy conditioned the exercise of these rights upon requirements of a political or ideological nature. These were the legal provisions which should be taken into account in the Committee of Experts to evaluate the context in which these specific provisions were applied.

The Committee of Experts overlooked these provisions which demostrate the will of the Government in respect of employment policy in reference to the following three aspects:

Managerial policy

3. The list of functions to which the Committee of Experts referred, which had been indicated by the Government in its latest report, was not the list of posts which should be checked by the Communist Party of Cuba by virtue of the resolution mentioned by the Committee of Experts.

The list of functions sent corresponded to the system of work with managerial staff which was regulated in Legislative Decree No. 82 of 1984 and its regulations. This system touched upon both selection and the promotion and professional training of managerial staff. In the report sent in 1990, the Government explained how people were selected, promoted and professionally trained to be managerial staff in the management of state activities. Even in the management functions which were directly related to Government policy and which made up part of the list which was sent to the Committee of Experts, the criteria for selection and promotion were not linked with one's affiliation to a political party nor to one's political opinions but to the requirements called for by the activity of the administration.

Inspection system of the Ministry of Education

The inspection system of the Ministry of Education at the present stage was subject to a reform process both as concerns its conceptual elements as well as its structure and functions. Before the end of the present school year, therefore, the whole system will have been transformed. In fact resolution No. 590/86 mentioned by the Committee of Experts is without effect even though it should be clarified that the above-mentioned resolution did not constitute a discriminatory element in that sector.

Inspection was a part of the supervisory system of the Ministry of Education over the main elements of the educational policy of the country. In order for the inspection system to develop, officials of a high professional quality, who can properly transmit and evaluate the educational policy of this body, were necessary. It was not a question of political opinions, but rather of the educational policy laid down and supervised by the Ministry of Education.

As concerns Legislative Decree No. 34 of 1980, the Committee of Experts had already been informed that a possible revision of that Decree would take into account its observations and that the provisions which were the subject of its comments were in fact not applied in practice at present; and when they were applied it was from a moral, and not a political, point of view.

The Committee of Experts referred to the data on "political integration" which under the census of skilled labour carried out in 1985 appeared in the corresponding forms. The Experts deduced that this data would become part of the "work record" and would serve as the basis of discrimination in employment for political reasons. The Government representative clarified that this survey followed the normal course in these cases. It was used solely for statistical purposes to evaluate and analyse statistics concerning the skilled labour force.

In relation to the"work-related merits", regulated under Resolution No. 590/80 of CETSS, it is necessary to specify that this system is an integral part of socialist emulation which is organised and supervised by trade unions in accordance with resolutions adopted in workers' congresses; and it is regulated by methods of application adopted by national trade unions. This system is independent of the process for evaluating the qualification of workers and does not influence the results of evaluations placement on employment lists or access to a new position.

The "work-related merits" referred to in Resolution No. 590/80 were awarded in workers' assemblies in a strict context of trade union activity. The work-related merits were not given by the administration, but rather were given according to the analysis made in the workers' assembly. They were written in the work record only as a way of noting the gratitude of the workers' collective to those who had been outstanding in completing their work plan and also so their merits were recognised by mass organisations.

On the basis of these work-related merits, the trade union organisation granted material and moral incentives, such as: granting reduced price holidays, nationally or internationally, free rest homes on the beach or at tourist centres and the opportunity to acquire scarce goods in the country which, as there were not enough to sell to the population, were made available to trade unions to distribute to these outstanding workers. The fact that this trade union activity used the work record, in which these details were registered, to facilitate the administration, did not mean that these merits were a condition for the application of the labour rights enshrined in the legislation.

The evaluation of workers' qualifications and of the work performance of technicians and its effect on any type of movement between jobs or functions that a worker might make in his work life, as well as the concession of all labour rights, were regulated by specific provisions which did not establish any conditions of a political nature nor are such conditions established for obtaining work-related merits included in the system determined by trade union activity.

Two important legal standards were recently adopted relating to access to employment and continuing in employment and Convention No. 111. Resolution No. 18 of 9 November 1990 gave effect to regulations for access by new workers to employment, promotion and access to other vacant or newly-created jobs and Resolution No. 4 of 15 March 1991 regulated working conditions and wages applicable to workers who were available or who were left over in enterprises due to reduction in fuel or other material supplies, or for reasons of structural or institutional change in the State labour organisations or enterprises.

According to these resolutions, a committee made up of the administration, the trade union section and one recognised and experienced worker elected by the workers' assembly, was empowered to evaluate the criteria to be taken into account for this movement of personnel or for access to new or vacant jobs. None of the requirements for such an evaluation was related to Resolution No. 590/80 concerning work-related merits and demerits, but rather was a fundamental part of the qualifications demonstrated by each worker due to his experience, efficiency and responsibility. These two resolutions were not yet sent to the Committee of Experts because they were adopted after her Government's last report on this Convention had been sent.

The Workers' members recalled that the Committee of Experts had been commenting on the application of Convention No. 111 since 1969 and had made observations in its report on this case since 1989. The Committee of Experts had commented on certain legal texts and regulations under which access to training and employment, as well as the evaluation of workers was, in their opinion, dependent upon the political attitude of the persons concerned. According to the Government's latest report and the Government representative's statement before the present Committee, most of these texts had been repealed or amended. The Committee of Experts did not seem to consider that the situation had fundamentally changed, however. The Government appeared to have a different opinion from that of the Experts in this regard. The Workers' members felt, however, that it was important to be guided by the comments made by the Committee of Experts as an independent body, universally applying the provisions of the Convention in all countries with complete objectivity and impartiality. The crux of the problem was a consistent use of political opinion and party doctrine in employment situations in a prejudicial and discriminatory manner, contrary to the requirements of the Convention. Access to employment was made dependent on political attitude. Access to post secondary education was made conditional on a candidate's being unconditionally and permanently ready to serve the revolution or upon the candidate's having an attitude that conformed with moral principles approved by the administration or trade union chapter, or by the corresponding mass organisation. Furthermore, access to the management structure of the education system was dependent upon the spirit of collectivism and the attachment to the masses and trust and respect of the masses. Decree No. 34 of 1980 authorised the dismissal of certain staff members in higher education establishments for conduct including activities contrary to socialist morality and the ideological principles of society. As concerns the evaluation of workers, the Government representative had stated that Resolution No. 2173 of 2 November 1983, concerning the updating of data contained in the work record, is no longer in force. According to section 61 of the Labour Code, however, the work record must be established, updated and kept for each staff member by the work unit. Under applicable rules, the work record must include data on work-related merits, including maintaining an attitude that conforms to the principle of proletarian internationalism while undertaking a mission and may also include non-work-related merits which bear witness to the revolutionary attitude of the worker outside his workplace. The Workers' members concluded by recalling the Committee of Experts' request to the Government to re-examine these texts so as to ensure that there would be no discrimination based on political opinion in respect of training and employment generally.

The Employers' members took note of the large quantity of information provided by the Government representative, but expressed their disappointment that not very much reference was made to the critical points dealt with in the Committee of Experts' report. The Committee of Experts had raised concerns in respect of political references made in legislation relative to training, employment, and evaluation of workers. Firstly, as concerns access to training, the Committee of Experts had noted that a list was drawn up of candidates for admission to post-secondary studies. The Employers' members supported the Committee's request for information concerning the exact criteria on which this list was based. Secondly, the Committee had noted Resolution No. 138/90 of 22 March 1990 concerning admission to the"Manuel Ascunse Domenech" Teaching Unit which sets forth that candidates be "unconditionally and permanently ready to serve the revolution". Furthermore, Resolution No. 250/81, as amended by Resolution No. 66/85 required an attitude that conformed to"moral principles" which were approved by the "administration or trade union chapter, or by the corresponding mass organisations". All these provisions made access to training clearly dependent upon political opinion. With regard to access to employment, managerial staff were required to demonstrate a revolutionary firm conviction. The list of posts of the State covered by this system went much beyond the educational system. The Government should provide the criteria on which such determination were based and give further details as concerns the actual practical implementation of these provisions. The rules for the inspections system also made clear political reference. The Employers members' have noted that the Government representative has indicated for the first time that this reference might be changed. Furthermore, staff members could be dismissed from higher education establishments for conduct including activities contrary to socialist morality and the ideological principles of society. The Government representative indicated that this was not actually applied in the political sense. The political reference here seemed to be quite clear, however. The Committee of Experts had indicated in its report that the Government stated it had noted the Committee's comments for an examination of these aspects if the legislation was amended. The position of the Government in this regard was no longer clear. Finally, political attitudes appeared to play a major role concerning the evaluation of workers. Legislation also made reference in this regard to the "revolutionary attitude of the worker outside his workplace". The Government representative's suggestion that this only was for statistical purposes was not convincing. The Employers' members recommended that the Government be urged to submit a detailed written response to all the points raised in the Committee's report, as well as the comments provided by the ICFTU. They expressed the hope that the Government would proceed to change the legislation and practice as recommended by the Committee of Experts. Further, he indicated that there would be further opportunity to continue the dialogue.

The Workers' member from the United States referred to the comments made by the Government representative concerning various aspects of Cuban law. He was not convinced, however, that the provisions of the Convention - particularly Articles 1, 2 and 3 - were respected or even understood by the Government. The Government representative had endeavoured to persuade this Committee that the Cuban national legislation referred to by the Committee of Experts was completely in accordance with the Convention. The Government representative would have this body believe that this legislation was enforced, that it contained no basis for discrimination and that job discrimination on the basis of ideology did not exist in Cuba. Further, the Government had assured the Committee of Experts that measures were being taken to bring all legislation into conformity with the Convention. The Government representative had said that the work record, which included information on a worker's "political integration", had not been used in evaluating job performance since 1985. The Committee of Experts' observation pointed out, however, that the Cuban Government had supplied in its latest report, Resolution No. 51/88 which required Cuban work units to use work records in job evaluations. The work record and"political integration" were still legal realities in the Cuban workplace. There was ample evidence in the Committee of Experts' observation, that discrimination based on political ideology was alive and well in Cuba. If this was indeed the case, and the Experts would make their own determination in this regard according to their well-respected principles of independence, objectivity, and impartiality, then it appeared that Cuba, notwithstanding the assurances heard today from the Government representative, was in outright violation of Conven tion No. 111. The practices of the Cuban Government in this respect were also contrary to several Articles of the Universal Declaration of Human Rights. The speaker referred to the Committee of Experts' report which raised questions about limitations placed on workers because of their political beliefs. Access to training, access to employment, and the evaluation of workers were all affected by the State's insistence on political conformity.

With reference to the information provided in the ICFTU report, the speaker noted that employment and promotion in Cuba were conditional upon a worker's political and religious beliefs. The seniority system had been supplanted by promotion based upon political attitude. The Cuban Government used political discrimination to deny workers the right to travel and access to housing (both in violation of the Universal Declaration). The ICFTU report provided specific examples of discrimination or retaliation against workers whose opinions did not conform with those of the State or the Communist Party of Cuba. The first case concerned two Cubans who worked overseas and who were beaten and harassed by officials of the Communist Party of Cuba for possessing unauthorised literature. The Cuban Embassy, in relating the episode, remarked that "the ideas and statement of the two workers about human rights and democracy were a result of imperialist penetration incompatible with our communist principles". In the second case, a Cuban doctor was fired from his job and denied access to any subsequent work because, as was admitted by an official of the Cuban Ministry of Public Health, of his "ideological deviation". These two officially recorded cases were better indications of the true state of affairs in Cuba than the representation made by the Government representative before the present Committee. Clearly, these examples were inconsistent with the provisions of the Convention. The speaker concluded by stating that, of the types of discrimination prohibited by the Convention, discrimination based on one's beliefs was the most insidious. This was a particularly subtle type of discrimination, and therein lay its power over human beings. It was in essence a violation, not simply of an ILO Convention; it was in truth an invasion of the deepest part of our humanity. Descartes wrote:"I think, therefore I am." If he was right, then discrimination based on what one thinks is really discrimination against what one was at one's deepest level. This century had seen more than enough discrimination of this type: the gulags, the concentration camps, the resting places of all those who perished for their thoughts. Countless numbers of those were workers and free trade unionists. Convention No. 111 was an appropriate monument to them. Its provisions deserved the respect of all nations of the world. The speaker concluded by expressing the hope that this body would breathe life into Convention No. 111.

The Workers' member of Cuba stated that, being a Cuban trade union leader with many years of experience and work in the country's unions, he was familiar with reality there and accepted the explanations given by the Government representative. Neither the trade unions, nor the workers in Cuba, had any problems with discrimination in employment and such practices would not be tolerated. In his country there was no unemployment, but full employment for all without any type of precondition. Prior to the 1959 revolution, there had been a proliferation of all types of discrimination, as well as massive unemployment. Frequently, a worker had had to make concessions to find a job, and even had had to promise to vote for a certain candidate. Discrimination had also existed against black citizens (who, despite their education and training, could not work in banks or foreign enterprises), women, children and those who were members or professed the ideas of the communist party. The revolution had eradicated all such discrimination and, for example, 41 per cent of the workforce today was comprised of women and 51 per cent of the trade union leaders at the grassroots level were women. Referring to earlier statements by two Workers' members, he stated that they were unfamiliar with the reality in Cuba because they were not in a position to experience how things really were there. Perhaps they had also been influenced by campaigns waged for a long time against Cuba. He requested the present Committee to ensure that no political interests from outside this Committee were reflected here. He believed that the Government was doing everything possible to improve its legislation and practice for implementing that legislation; the Government representative had already reflected this. This collaboration between the Government and the ILO should continue, and he was certain that it would lead to the gradual perfection and improvement of Cuban legislation and practice.

The Government representative of Cuba added that this was the first time that her Government had been called before the present Committee on the subject of Convention No. 111 and that the Committee of Experts' comments were very recent, contrary to statements here that this case had been dealt with several times and that the comments were several years old. She clarified a point made by the Employers' members who had stated that "information was disinformation". She believed that this was only so when there was no willingness to listen and analyse the information. In the explanation she had given earlier - which would be given in due course to the Committee of Experts " a number of legislative provisions had been highlighted that were either repealed or clarified or interpreted in such a way that it would be impossible to misunderstand them. Other speakers had tried to give a political tone to the requirement of"collective approval" included in some provisions on education. She repeated that this collective spirit, specifically regarding student participation, was only a means of ensuring the democratic participation of student collectives and their organisations in the educational process and policy of the country; they could put forward their opinions and this was done at the request of the student organisations themselves.

Referring to access to employment, her Government was implementing its policy of full employment despite the prevailing economic situation. If there were some legal provisions which might give rise to misunderstandings or misinterpretations in certain sectors, this should not be considered to be a general situation, and the necessary clarifications had been given. Noting the clarifications given by the Cuban Workers' member, she pointed out that both theists and those having religious beliefs were trying to work for the development of the country in conditions of dignity and equality.

The work of the revolution in her country was towards eradicating economic inequalities and social status which accorded privileges to the benefit of national minority groups and foreigners at the expense of the great majority of people. A land where the majority participate in the destiny of the country does not have room for discrimination nor exclusions. This work of the revolution is the best example of its eradication of the privileges and system of exploitation which previously existed based on inequalities. From that time, those previously privileged, which have witnessed the diminution of their ambitions and interest in favour of the majority, do not want to recognise this work but would prefer to destroy it to recuperate their advantages; and today they hypocritically speak of human rights when their real aim is to humiliate Cuba and discredit it in order to dominate its destiny. In her opinion it was significant that a worker member from the United States referred to the comments made by the ICFTU without it being addressed in the text of the observation. She refused to comment on it but to respond to the comments of the Committee of Experts. It is not a secret that small counter-revolutionary groups seek support outside Cuba because they cannot get it from the workers and people of Cuba, and they make a living by engaging in this defamation and libel. In referring to the statement by the Workers' member of the United States she felt that the speaker should demonstrate a deeper interest in the situation of the blacks in his country, of the Puertoricans and the mistreated Latin American immigrants and should ensure that, if the United States had been able to ratify Convention No. 105, it should also be able to ratify and implement Convention No. 111 concerning discrimination.

The Workers' member of Cuba wished to record his reservation on this conclusion.

The Government representative of Cuba expressed her reservation on the sentence in the conclusion concerning divergencies between the legislation and the requirements of the Convention.

The Committee took note of the report of the Committee of Experts, the information furnished by the Government representative and of the various views and comments expressed in the course of the discussion. The Committee noted the adoption by the Government of new texts intended to supersede existing legislation. It noted with regret, however, the divergencies which had continued to exist between law and practice on the one hand, and the provisions of the Convention on the other hand, particularly as concerned discrimination based on political opinion. The Committee expressed the hope that the necessary measures would be taken to eliminate all forms of discrimination both as concerned access to training and employment, and the evaluation of workers and that the Government would soon be in a position to report real progress in this direction in reply to all the questions raised by the ILO supervisory bodies so as to make possible the continuance of the dialogue.

The Workers' member of Cuba wished to record his reservation on this conclusion.

The Government representative of Cuba expressed her reservation on the sentence in the conclusion concerning divergencies between the legislation and the requirements of the Convention.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

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

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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

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

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Application of legislation on equality. The Committee notes that the information supplied by the Government is of a general nature and does not provide the particulars that were specifically requested. The Committee again asks the Government to supply information on complaints received or contraventions recorded by the labour inspectorate and also complaints made to other bodies such as the Basic Labour Justice Organization, with particular reference to sections 1, 2 and 24 of resolution No. 8/2005 issuing the general regulations on labour relations. The Committee would be grateful if the Government would indicate, for example, the most frequently alleged grounds for discrimination and any measures taken in response to these complaints in order to gain a clearer picture of the effect given to the Convention and the obstacles that may have hindered its implementation. It also asks the Government to supply information on any other measure adopted with a view to promoting application of the sections referred to above.

2. Sexual harassment. In its previous direct request, the Committee asked the Government to supply copies of decisions on complaints submitted under Act No. 176 or Act No. 83 with regard to sexual harassment or sexual discrimination, in order to evaluate the application in practice of these provisions. Noting the statement in the Government’s report that no complaints have been reported with regard to sexual harassment, the Committee reiterates that the absence of complaints does not necessarily indicate the absence of discrimination. The Committee asks the Government to indicate the complaints procedures available to persons affected and what measures exist to prevent and address sexual harassment at work. Please also indicate the measures taken to raise awareness of sexual harassment and of the rights of victims and the complaint procedures available to them.

3. Discrimination on the basis of sex in education. The Committee notes the statistical information supplied by the Government. According to the 2002 census, 86.5 per cent of women completed primary education, 65.3 per cent completed basic secondary education, 36.8 per cent completed pre-university education and 7.7 per cent completed university education. The Committee notes that in the working population in 2006, the educational level of working women exceeded that of men at the middle and higher levels by 12.5 and 7.3 per cent, respectively, and that in 2006 the number of women enrolled in higher education represented 64.7 per cent of the total.

4. Discrimination on the basis of sex in employment. The Committee notes that, according to the Government’s report, in the civilian state sector, women currently constitute 45.6 per cent of the workforce and that this is connected with advances in education and training for women, who represent 66.6 per cent of all technicians and professionals in the country. It also notes that women have made inroads in sectors which were traditionally occupied by men and they hold managerial posts in them, such as the judiciary, where they account for 71 per cent of prosecutions in the country, 60.3 per cent of professional judges and 47 per cent of judges in the Supreme Court. The Committee invites the Government to supply information on the percentages of women in the various groups of the 22 occupational categories and also to indicate the sector of activity. The Committee hopes that with the revision of the instruments for the collection of information by the National Statistical Office, the Government will be in a position to supply this information in its next report.

5. Discrimination on the basis of political opinion. In its previous comments, the Committee requested the Government to indicate the way in which it is ensured that persons are not penalized for working as journalists. The Committee notes that, according to the Government, there is no provision in the current Penal Code which allows the application of criminal penalties for working in journalism, and that full freedom is enjoyed by more than 2,000 Cuban journalists and approximately 200 foreign correspondents working in the country, guaranteeing full plurality of opinion. Noting that the Government’s report does not supply any information on the request made by the Committee to the Government in 2005 to provide information on any cases involving individuals detained, sentenced or accused of other offences who may have claimed to be journalists and how it is ensured that they are not penalized for working as journalists, the Committee repeats its request and asks the Government to supply detailed information in this respect.

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.

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

The Committee notes the information sent by the Government in its report.

1. Sexual harassment. The Committee notes the concluding observations made by the Committee on the Elimination of Discrimination Against Women on the periodic report by Cuba (CEDAW/C7/C/CUB/4) at its session of June 2000 in which it expressed concern at the existence of sexual harassment at work and the lack of legislation to penalize such practices. The Committee notes that in its report the Government indicates that the legislation contains general principles which could cover sexual harassment. The Committee nevertheless recommends that the Government consider the possibility of adopting specific legislation that takes account of the elements set forth in its general observation of 2002 in order to combat such offences at work more effectively.

2. Discrimination on grounds of sex. In its previous comments the Committee requested the Government to provide information on the measures being implemented to promote in practice women’s access to employment, vocational orientation and certain occupations, with a view to achieving greater equality between men and women in employment and occupation. The Committee takes note of the information supplied in the Government’s report to the effect that the Economic Technical Plan in force since 1995 allows for new jobs to be created every year and specifies the number of women who can take up these jobs. The Committee further notes that with the assistance of the Coordinating Committees for Women’s Employment, strategies and assessments are being conducted in order to bring about changes, taking into account the difficulties that affect women the most in terms of their integration, qualifications and advancement. According to the Government’s report, 45 per cent of the jobs created in 2002 were for women, and women form the majority among university graduates and in teaching establishments and technical jobs. The Committee hopes that the Government will create the necessary conditions to increase the proportion of "executive" women, and that it will take steps to facilitate greater access to primary and middle-level education since, as the Committee observed in its previous comments, only 12 and 14 per cent of women have attained these levels, respectively, and to raise awareness among men of the need for them to share in family responsibilities.

3. Discrimination on grounds of race, colour and national extraction. With reference to its previous comments on the measures taken to prevent discrimination based on race, colour and national extraction and to promote equality in access to jobs, conditions of work and job security, the Committee notes the information supplied in the Government’s report. It takes note of the Government’s indication that both law and practice fully observe the principle of equality of opportunity and treatment, particularly in respect of race, colour and national extraction. The Committee also notes that the Labour Inspectorate enforces the existing legislation and takes the necessary action if infringements are detected. The Committee would be grateful if the Government would supply information on any complaints of discrimination on the abovementioned grounds and on any activities undertaken to promote equal access to employment and promotional opportunities on grounds of race, colour and national extraction.

4. Discrimination on the basis of political opinion. The Committee pointed out in its previous comments that protecting workers in employment and occupation against discrimination based on political opinion implies affording them protection in respect of activities expressing or demonstrating opposition to established political principles. The Committee notes the Government’s indication to the effect that there is full freedom of speech and opinion in the country based on the unrestricted right to initiative and criticism. The Committee requests the Government to report on how this principle is applied in practice, including to all journalists.

5. In its previous comments the Committee requested information on the practical application of sections 7 and 29 of Ministerial Resolution No. 150/98 of 13 July 1998 approving the branch Regulations on the educational activities of employees of the Ministry of Education. In reply the Government indicates in its report that the committees provided for in section 29 of the resolution, which are established to hear complaints by workers in education who disagree with the imposition of disciplinary measures for their removal from the sector or activity, are composed of an administrative director, a representative of a trade union organization and a worker of renowned standing appointed by agreement between the administration and the corresponding trade union organization. The Committee also notes the Government’s statement that workers may file an appeal, within 90 calendar days of its notification, against provisional suspension of their post or occupation or their wage, with the head of the organization who will rule taking into account the opinion of the national federation of the sector. The Committee also notes that, according to the Government, in the period covered by the report (1 June 2001 to 31 May 2003) there were no instances of removal of workers in education from the sector or activity pursuant to (b) or (g) of the Regulations. The Committee requests the Government to continue to supply information on the effect given to these provisions in practice, including numbers of complaints filed and dismissals.

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

The Committee notes the information provided by the Government in its report.

1. The Committee notes the statistics for 1999, which show that there are only 37.38 per cent of women in the total active population. With regard to the educational level of women workers, the Committee notes that 12 per cent of them have only completed primary or lower education, 24 per cent have completed middle-level education and 48 per cent have completed higher-middle and higher education. With regard to the statistics on the distribution of the workforce by occupational category, the Committee notes that only 31.05 per cent of managerial staff are women. The Committee requests the Government to provide information in its next report on the measures that are being taken to promote the access of women directly to employment, vocational guidance and specific occupations, with the objective of achieving greater equality between men and women workers in employment and occupation.

2. The Committee requests the Government to provide information on any measures taken to prevent discrimination on grounds of race, colour and national extraction, and to promote equality of access to employment, working conditions and security of employment.

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

1. The Committee notes the information provided by the Government with regard to the application in practice of sections 7 and 29 of Ministerial Resolution No. 150/98 of 13 July 1998 approving the branch Regulations on the educational activities of employees of the Ministry of Education. The Committee requests the Government to provide information on: (a) the commissions envisaged in section 29 of the resolution which are established to hear complaints by workers in education who disagree with the imposition of disciplinary measures for their removal from the sector or activity; (b) whether workers have the possibility of appealing against their provisional suspension from their post or occupation and of their wage for 30 days to any other body or commission; and (c) actual cases in which such disciplinary measures have been adopted for violations of the utmost gravity, as specified in sections (b) and (g) of the Regulation.

2. The Committee reminds the Government that, in protecting workers against discrimination with regard to employment and occupation on the basis of political opinion, the Convention implies that this protection shall be afforded to them in respect of activities expressing or demonstrating opposition to the established political principles, since the protection of opinions which are neither able to be expressed nor demonstrated would be pointless. Furthermore, the protection of freedom of expression is aimed not merely at the individual’s intellectual satisfaction at being able to speak her or his mind, but rather - and especially as regards the expression of political opinions - at giving such persons an opportunity to seek to influence decisions in the political, economic and social life of society (see the General Survey on equality in employment and occupation of 1988, paragraphs 57-63). The Committee reiterates its request for the Government to provide information on the employment status and conditions of self-employed journalists who express political opinions contrary to the Government.

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

1. Access to higher education and to employment and occupations. The Committee notes the detailed information supplied by the Government on the objectives, fundamental principles and structure of the educational system in Cuba. The Government indicates in its report that the national education system in Cuba guarantees the opportunity to pursue studies from elementary education through higher education, regardless of, inter alia, sex, race, social status and place of residence. In this context, the Committee also notes information provided by the Government to the United Nations Committee for the Elimination of Racial Discrimination on the government policy for the advancement of blacks and women, which was approved in 1997 by the Fifth Congress of the Cuban Communist Party (see CERD/C/SR.1291, paras. 3-5, 53rd session, October 1998). The Committee notes the Government representative's statement that there are new and updated statistics on the participation of women and blacks in the economic and social life of Cuba. The Committee would be grateful if the Government would supply information, including statistics, on the distribution of women, blacks and other ethnic groups in higher education in Cuba, as well as in the different occupations and at the various levels of the public and private sectors.

2. The Committee notes the information supplied by the Government concerning the communication made by the World Confederation of Labour (see the observation), and notes that section 3, paragraph (b) of the Labour Code, Act No. 49 of 28 December 1984, reads as follows: "(b) every citizen capable of working, regardless of ... political opinion ... has the right to obtain employment which permits him to contribute to society and satisfy his needs". However, the Committee also notes that section 53(b) of the Code permits an enterprise's management to terminate a worker's employment contract due to: "(b) the worker's lack of suitability for carrying out the occupation or assigned task, in the case of the non-performance of conditions specifically established in the contract" (see also section 77(b) of Resolution No. 51 of 12 December 1988, Regulation for the implementation of the employment policy). The Committee requests the Government to supply information in its next report on the manner in which section 53(b) of the Labour Code and section 77(b) of Resolution No. 51 of 1988 are applied in practice.

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

1. The Committee notes the Government's report, and the attached legislative texts, as well as the communication made by the World Confederation of Labour (WCL) and the Government's reply.

2. Access to higher education. The Committee notes the detailed information supplied by the Government on the fundamental principles and the structure of the educational system in Cuba, including the clarifications provided in the Government's report, on the consultations with the Cuba Communist Party and the trade unions provided for in section 21 of Resolution No. 1 of 1994, for purposes of preparing the conditions for the higher education entrance exams. The Government indicates that the Resolution cited has been repealed and that, in its place, a joint MINED-MES (Ministry of Education and Ministry of Higher Education) Resolution, for the academic year 1998-99 was issued on 18 March 1999. The fourth section of the joint MINED-MES Resolution regulates the entrance exams for higher education and specifies those criteria to be taken into account in determining the rankings, which are the academic marks obtained in 10th and 11th grades and in the first stage of 12th grade (which represents 50 per cent of the total points) and the results obtained in the entrance exam (which represent the remaining 50 per cent).

3. With respect to the allegations submitted in 1992 by the Latin American Central of Workers (CLAT) concerning certain university professors terminated under a procedure established under Legislative Decree No. 34, the Government confirms that this Legislative Decree has been repealed. The Government informs the Committee of the promulgation of two regulations that establish the duties and prohibitions common to all workers in education: the Regulation on the Educational Activity of Employees of the Ministry of Education (Resolution No. 150/98 of 13 July 1998) and the Regulation on Labour Discipline in Higher Education (Resolution No. 36/98 of 6 April 1998). In respect of the Regulation on the Educational Activity of Employees of the Ministry of Education, the Committee notes that section 7(a) provides that the duties of the teachers concerned include "the communist education of the new generations". The Committee also notes that section 29 provides that: "The following will be considered extremely serious violations in the area of educational activity: ... (b) to publicly defame or denigrate the institutions of the Republic and the heroes and martyrs of the homeland; ... and (g) to carry out grave and public acts contrary to the morals and ideological principles of our society ...". In this respect, the Committee recalls its previous comments that, in protecting individuals from discrimination in employment and occupation on the ground of political opinion, the Convention implies the recognition of this protection in relation to those activities that express or manifest clear opposition to established political principles or, simply, a different opinion. The Committee has pointed out that a general obligation to conform to an established ideology would be deemed discriminatory (see the Special Survey on equality in employment and occupation, 1996, paragraphs 45 to 47). The Committee requests the Government to supply information in its next report on the manner in which this legislation is applied in practice, including details on cases of violations.

4. Conditions of employment of journalists. The Committee thanks the Government for having supplied a copy of Resolution No. 1/99 of the Ministry of Labour and Social Security, which establishes the criteria for evaluating work produced by journalists. The Committee notes that the element of political opinion is not listed among the criteria set forth in the resolution cited for evaluating work produced by journalists (see section 4 and Annex 2 of Regulation No. 1/99). The Committee also notes the alleged incidents of harassment against journalists for having expressed political opinions contrary to the Government, referred to in the Report of the Special Rapporteur on Human Rights in Cuba of the United Nations Commission on Human Rights (E/CN.4/1998/69, paragraphs 45 to 55, January 1998). In this regard, the Committee reiterates its comments in point 3 above, and once again requests the Government to provide information on the employment conditions of those journalists that express political opinions contrary to the Government, in particular, the journalists mentioned in the report cited.

5. The Committee notes a communication from the WCL dated 15 September 1998, alleging the Government's non-observance of Convention No. 111. The WCL's comments were transmitted to the Government on 9 October 1998. The Government replied by letters dated 11 November 1998 and 22 February 1999. In its communications, the WCL indicated that a certain individual was discriminated against on the basis of his political opinions, in violation of the Convention. Documents supplied by the WCL indicate that a group of workers, the "Committee on Basic Suitability", located in the workplace of the mentioned individual, declared him to be "unsuitable" to work in his sector due to his political activities and, as a consequence, terminated his employment relationship with the enterprise. In its communication of 22 February 1999, the Government indicated that an investigation into the case had been concluded and that it had been decided to annul the decision of the "Committee on Basic Suitability" and reinstate the worker in the position which he had occupied previously. The Government also stated that the committee in question did not have the authority to make the type of decision it made in the case mentioned, in that it exceeded the functions attributed to it by the legislation in force.

6. The Committee is also directing a request directly to the Government on certain points.

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

1. The Committee notes the Government's report and the information supplied by the Government representative at the Conference Committee in June 1996 in reply to the points raised in its previous comments, and the ensuing discussion.

2. Access to higher education. The Committee notes the supplementary explanations on the role played by the Communist Party of Cuba and the trade unions in the "consultations" provided for in section 21 of resolution No. 1 of 1994 on admission to post-secondary and higher education. Resolution No. 1 is issued every year and applies only to full-time students, having no employment relationship, who have completed the 12th grade in pre-university institutions and wish to follow regular day-time courses in higher education. The Government explains that holding these examinations for admission to regular day-time courses involves substantial resources, preparation of premises and of material, transport and accommodation, since they are taken simultaneously by all students of the pre-university institutions and recourse is had to the bodies mentioned since they are the only organizations having such massive resources. It is at this organizational stage that the so-called "consultations" are carried out only on the logistic needs; the consultations with the Communist Party of Cuba or the trade unions do not affect in any way the results of the admission examinations or academic assessment needed to enter these courses.

3. Conditions of employment of senior officials. The Committee had noted that the labour and wages law was being examined with a view to adapting it to new conditions, taking into account the Committee's comments, and that consultations were being held with organizations, enterprises and trade unions to this end. The Committee therefore requested the Government to provide copies of the revised legislation when it is adopted. In this regard, the Committee notes that the Executive Committee of the Council of Ministers recently adopted agreement No. 2896 (a document exclusively for internal use by the Executive Committee of the Council of Ministers) which established the Central Commission on Senior Officials, composed of members of the Council of Ministers. The function of the Central Commission is the assessment, selection, preparation, promotion and motivation of senior officials in the Central Administration of the State and its reserve list, issued under Legislative Decree No. 82 of 1984 and its regulations. The requirements in these legal instruments relate to personal integrity, management capacity, educational level, and management and work experience. The Central Commission submits its findings to the Government for approval.

4. The Committee notes with interest that section 3 of Legislative Decree No. 82 defines "senior officials" as workers who as a general rule occupy posts in the management category in a state institution. Similarly, section 6 provides that the requirements for occupying senior posts are determined and evaluated on the basis of the category, hierarchial level and sector or branch to which the institution belongs and the nature of the job in question. In view of the detailed explanation provided, both in the report and in the relevant legislative texts, the Committee expresses the hope that it will continue to be informed of any new legal instrument adopted concerning this point.

5. With reference to the Latin American Central of Workers (CLAT) allegation in 1992 of the dismissal of 14 university teachers for having expressed their political opinions, the Committee had noted the Government's statement that the college of teachers and the student body made a request to the rector for the dismissal of those teachers. According to the Government, this is an exceptional procedure under Legislative Decree No. 34 of 1980 applicable solely to members of educational institutions who come into direct contact with students. The Committee recalls that the type of discriminatory treatment suffered by the teachers, based on the expression of political opinion, is contrary to the Convention, irrespective of the body which took the decision to dismiss them.

6. The Committee notes with interest both the Government's report and the statement of the Government representative that a draft legislative decree has been prepared, taking into account the Committee of Experts' comments, on the system of labour law. The draft contains substantive and procedural provisions on violations of labour discipline and applicable sanctions and stipulates the bodies which administer labour law. This draft proposes the repeal of Legislative Decree No. 34 of 1980 and, at present, is undergoing a consultative process with organizations, enterprises, trade unions, the courts and other institutions involved in the proposals in the instrument, the intention being not only to eliminate those aspects which might be interpreted and applied wrongly in connection with the Convention, but also to examine the possibility of consolidating the procedures so that they would correspond to the principles governing the ordinary procedures in force regarding employment sanctions. The Committee requests the Government to send it a copy of the draft once it has been adopted.

7. Conditions of employment of journalists. With reference to the evaluation of the results of the work of journalists based on systematic surveys of public opinion, the Committee thanks the Government for having sent a copy of the form used to evaluate the journalists' work and the text of the public opinion survey prepared by the "Editora Juventud Rebelde". The Committee notes that the form is a document intended to verify the quality of work and popularity of the items published. Bearing in mind the concern expressed by the Conference Committee in its conclusions in regard to the possibility that discrimination on the basis of political opinions exists in this sector, the Committee requests the Government to supply information on the working conditions of the journalists who express political opinions contrary to the Government.

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

1. The Committee notes the information supplied by the Government at the Conference Committee in June 1994 in reply to its previous comments, and the discussion that followed. The Committee notes in particular the Government's statement that Legislative Decree No. 147 of 21 April 1994 provides for the reorganization of the bodies of the central administration of the State in order to adapt them to the amendments to the national Constitution, present social conditions and the changes under way in international trade and relations. The Committee asks the Government to indicate to what extent these reforms are affecting the application of the Convention.

2. Further to its previous comments on the students' accumulated school records, the Committee notes with satisfaction that all entries other than those concerning academic matters have been removed from the new model students' accumulated school record, of which the Government provided a copy.

3. Conditions of employment. The Committee recalls that the Latin American Central Organization of Workers (CLAT) alleged in 1992 that 14 university teachers had been dismissed for having expressed their political opinions, in accordance with their constitutional rights, in an eight-point "declaration of principles" which they signed and sent to their immediate superiors. The Government replied that inquiries into the matter showed that the teachers in question no longer had the essential qualities required for teaching and that Legislative Decree No. 34 of 1980, which provides that the dismissal of teachers in higher education may be decided upon by the rectors of universities and is subject to appeal, was applied. Nine of the teachers dismissed had appealed to the Minister of Higher Education but their appeals were dismissed.

The Committee again urges the Government to explain what it means by "essential qualities required for teaching". While noting that the Government again states that the teachers concerned were offered jobs but refused them, the Committee asks the Government to indicate what means of redress, other than the above-mentioned procedure of appeal to the Minister of Education, are available to these workers as protection against any discriminatory practices based on any of the grounds in the Convention, particularly political opinion.

4. The Committee notes that, according to the Government, the whole inspection system of the Ministry of Education is in the process of being changed. The Government also indicates that Legislative Decree No. 34 of 1980 (based on the principle that "persons who are in contact with young people in the education process serve as an example in forming young persons as communists" allows the dismissal of members of the staff of higher education and other educational institutions who come into direct contact with students for, amongst other things, "activities that are contrary to socialist morals and the ideological principles of society") will be revised and amended to bring it into line with Legislative Decree No. 147 mentioned above. The Committee asks the Government to keep it informed in this respect and hopes that its comments will be taken into account when the text is revised. It asks the Government to provide a copy of the amendments as soon as they have been adopted.

With regard to Resolution No. 2 of 20 December 1989 respecting the reinstatement of the educational workers to whom Legislative Decree No. 34/80 applied (dismissed for one of the activities listed in Legislative Decree No. 34/80, see paragraph above), the Committee observed that these workers may only be reinstated after completing five years' disciplinary work, during which they are excluded from the education sector. The Committee notes that, according to the Government, this period may be reduced to a period of less than five years with a view to reinstatement.

The Committee is bound to recall that this legislation is drafted in very broad terms and could therefore give rise to practices which discriminate against any worker coming into contact with young people in the education process, enforceable by penalties which exclude them from their employment for a long period. It considers that these provisions are not consistent with the principles of the Convention and points out that they would only be in line with the Convention if they dealt with qualification requirements for certain jobs involving special responsibilities. In paragraph 126 of its 1988 General Survey on Equality in Employment and Occupation, the Committee stressed that "certain criteria may be brought to bear as inherent requirements of a particular job, but they may not be applied to all jobs in a given occupation or sector of activity, and especially in the public service" without coming into conflict with the principle of equality of opportunity and treatment in occupation and employment. The Committee asks the Government to take the necessary steps to have these legislative provisions repealed in the near future, as required by Article 3(c) of the Convention. It trusts that the next report will contain information on progress made in this respect.

5. The Committee notes with interest the repeal of Resolution No. 50 of 1987 regulating the evaluation of the work and pay of journalists by Resolution No. 17 of 16 November 1993 which has the same objectives and, in particular, the amendment to section 3(b) on which the Committee had commented. It would be grateful if the Government would provide information and examples, in its next report, on the practical application of section 3 which lists the indicators used in evaluating the results of the work of journalists (with implications for their wages and their maintenance in the job), particularly "the scope and repercussions among the public of their activities" (subsection (c)).

6. The Committee recalls that the Government announced in an earlier report that Resolution No. 51 of 12 December 1988 regulating the application of the employment policy was to be revised and that a draft was being discussed on a tripartite basis. Since the draft regulations on employment policy define, amongst other things, the content of professional records (the Committee has noted the sample provided by the Government), the Committee again asks the Government to provide information in its next report on the status of the draft and to provide a copy of the text as soon as it has been adopted.

7. Access to training. With regard to the system of admission to post-secondary or higher education, the Committee notes that Resolution No. 1 of 1993 has been replaced by Resolution No. 1 of 11 March 1994 for the university year 1993-94. It also notes the information on the role played by the students' collective in the education process. The Committee asks the Government to explain the nature of the "consultations" provided for in section 21 of Resolution No. 1/94 between the university authorities and, in particular, the Communist Party of Cuba and the concerned trade unions. Please indicate whether, in the context of these consultations, criteria other than qualification criteria are used to evaluate and, if the case arises, to exclude a candidate (the Committee had noted in its 1992 observation that a "spirit of collectivism" was required for directorial posts in education).

8. Access to employment. With regard to the "personal verification form" containing information on the worker's moral attitude and social conduct, the Committee notes the Government's statement that the general inquiry into the internal rules of certain enterprises has been completed and future rules will not contain anything that might be considered as contrary to the Convention, which will remove any ambiguity. The Committee asks the Government to send copies of the new rules, to state the nature of the measures taken in this respect by the labour inspectorate and to continue to keep it informed on the matter.

9. With regard to posts in the administration of the State, the Committee notes that the Government repeats its previous statements: the posts which are controlled by the Communist Party of Cuba are those falling within the institutional structure established by Legislative Decree No. 67 of 1983 respecting the organization of the central administration of the State, and that the only posts involved are certain political and high-level offices (ministers, deputy ministers, presidents, vice-presidents and certain executive posts which each institution determines according to its specific requirements). The Committee recalls that requirements of a political nature must be restricted to certain high-level posts directly related to government policy in order to be consistent with the Convention. The Committee asks the Government to continue to keep it informed of any developments in this respect.

[The Government is asked to supply full particulars to the Conference at its 82nd Session.]

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

1. The Committee notes the Government's report and the information provided by the Government at the Conference Committee in June 1995 in reply to the points raised in its previous comments, and the ensuing discussion. In particular the Committee notes the Government's reply to the Committee's request for clarification of the role played by the Communist Party of Cuba and the trade unions in the "consultations" provided for in section 21 of resolution No. 1 of 1994 on admission to post-secondary or higher education, to the effect that only objective qualifications criteria are used in these consultations.

2. Conditions of employment. The Committee notes the Government's statement that the bodies of the central administration have been reorganized as provided for by Legislative Decree No. 147 of 21 April 1994, and that some of the issues raised by the Committee in its previous observations will be analysed as a result. The Committee also notes that the labour and wages law is being examined with a view to adapting it to new conditions and that consultations are being held with organizations, companies and trade unions to this end. The Committee trusts that its comments on the application of the Convention will be taken into account, in particular that posts in the administration of the State which are controlled by the Communist Party of Cuba should be restricted to certain high-level posts directly related to government policy; and that the proposed reforms will incorporate the principle of equality of opportunity and treatment in occupation and employment based on all the grounds listed in Article 1, paragraph 1(a), of the Convention. The Committee requests the Government to provide copies of the revised legislation when it is adopted.

3. With reference to the Latin American Central of Workers (CLAT) allegation in 1992 of the dismissal of 14 university teachers for having expressed their political opinions, the Committee notes the Government's statement that acceptance by the college of teachers and the student body is one of the "essential qualities required for teaching", and that a request had been made to the rector for the dismissal of the teachers by the assembly of workers of the institution in question following meetings by the assembly of teachers and students. According to the Government, this is an exceptional procedure under Legislative Decree No. 34 of 1980 applicable solely to members of educational institutions who come into direct contact with students; under the provisions of Legislative Decree No. 132 of 9 April 1992 which regulates the functioning of the basic labour judicial organs, there is an ordinary procedure for the dismissal (separacíon definitiva) of workers for disciplinary reasons which involves appeals to: (a) the basic labour justice organs; and (b) the Peoples' Tribunals (section 2 of Legislative Decree No. 132). The Committee also notes that under section 4 of this Legislative Decree an appeal for review can be made to the Labour Chamber of the Supreme Court by the President of the State Committee for Labour and Social Security, or the Secretary General of the Central Organization of Workers of Cuba (Central de Trabajadores de Cuba). The Committee recalls that the kind of discriminatory treatment suffered by the teachers, based on the expression of political opinion, is contrary to the Convention, irrespective of the body which took the decision to dismiss them. It also recalls that the legislation by virtue of which they were dismissed (Legislative Decree No. 34 of 1980) is being revised and welcomes the Government's statement that its comments will be taken into account. The Committee trusts that its previous comments concerning the need to provide effective enforcement of laws prohibiting discriminatory practices in dismissals, particularly concerning discrimination based on political opinion, will be clearly included in the revised text, and it would appreciate receiving a copy when adopted.

4. With reference to resolution No. 2 of 20 December 1989 which regulates the reinstatement of educational workers who have been dismissed under the provisions of Legislative Decree No. 34 of 1980, the Committee again recalls its concern regarding the broad terms of this legislation which could permit discriminatory practices against any worker coming into contact with students, including their exclusion from employment for a period of up to five years. The Committee again stresses that in paragraph 126 of its 1988 General Survey on Equality in Employment and Occupation "certain criteria may be brought to bear as inherent requirements of a particular job, but they may not be applied to all jobs in a given occupation or sector of activity, and especially in the public service". The Committee recalls its previous request for repeal of these legislative provisions as required under Article 3(c) of the Convention. Noting from the Government's statement that the labour law needs to be revised in order to bring it into line with the new conditions existing in the country, the Committee requests the Government to provide information on any progress made in this respect.

5. With reference to the evaluation of the results of the work of journalists based on the indicators listed in section 3 of resolution No. 17 of 16 November 1993, the Committee notes the Government's reliance on Annex 3 to this resolution which lists indicators for the evaluation of journalists' work. The Committee also notes from the Government's report that the evaluation of the "scope and repercussions among the public of their activities" - as required by section 3 - is achieved by means of periodic surveys of public opinion, and that this is a determining factor of whether the work of the journalist has contributed to solving or rectifying deficiencies and errors and consequently merits public recognition. The Committee asks the Government to provide further information on the modalities for conducting these public opinion surveys, including a copy of the format of questionnaire used, so that the practical use of the indicators in Annex 3 is shown to be in conformity with the principle of non-discrimination.

6. Access to employment. With reference to the "personal verification form" containing information on the worker's moral attitude and social conduct, the Committee notes the Government's statement that no internal rules have been issued which violate the Convention, and that measures have been taken to monitor compliance with the principle of equality in employment. The Committee again requests the Government to provide copies in its next report of the new rules, and information on any measures taken or envisaged as a result of the labour inspections, including corrective measures.

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

Since for the past few years the Committee's comments have for the most part addressed discrepancies in the application of the Convention as regards discrimination based on political opinion, the Committee considers that it does not have enough recent information to enable it to assess how the principles of the elimination of discrimination, within the meaning of Article 1 of the Convention, and the promotion of equality of opportunity and treatment are applied in practice.

The Committee would therefore be grateful if, in its next report, the Government would provide information on any measures taken to ensure the effective promotion of equality of opportunity and treatment, regardless of race, colour, sex, religion, national extraction or social origin, and on the results obtained, particularly as regards:

(a) access to vocational training;

(b) access to employment and particular occupations;

(c) terms and conditions of employment, and more specifically the measures taken to promote equality of opportunity and treatment:

(i) in employment, vocational training and occupational guidance under the direction of the Government;

(ii) by legislation and educational programmes;

(iii) with the cooperation of employers' and workers' organizations and other appropriate bodies, particularly as regards employment in the private sector and matters not covered by collective agreements.

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

The Committee notes the Government's report and the information therein in reply to its previous comments, and the annexes to the report.

1. With regard to students' accumulated school records ("expediente acumulativo del escolor"), the Committee notes that, following a Ministry of Education survey, it was recognized that these records should be simplified so that teaching can be geared to the quality of education required. The Committee notes the ministerial circular adopted after the survey, on 6 February 1993, to provide teachers with guidelines on how to use student accumulated records. According to the Government, the elements of the records on which the Committee commented have now been withdrawn. The Committee asks the Government to provide a copy of the new model students' accumulated school record with its next report.

Conditions of employment

2. The Committee notes the adoption of Resolution No. 1 of 5 January 1993 (sent by the Government and received on 8 October 1993) repealing Resolution No. 590 of 11 December 1980 which listed certain "work merits and demerits" based on political factors, to be recorded in the worker's labour record; thus, information on workers' merits and demerits have now been withdrawn from labour records. In this respect, the Committee refers to the observation it is making under Convention No. 29.

3. The Committee recalls that the Latin American Central Organization of Workers (CLAT) alleged on 19 February 1992 that 14 university teachers were dismissed for having expressed their political opinions in accordance with their constitutional rights in an eight-point "declaration of principles" (calling for, amongst other things, observance of human rights in the country, the opening up of Cuban society by peaceful means, the independence of the universities, democratization of political life, and freedom of expression and conscience, particularly in universities) which they sent to their hierarchical superiors. The Committee notes the Government's reply that the inquiries carried out in this regard showed that the teachers in question no longer had the "essential qualities required for teaching" and that nine of them lodged appeals with the Minister for Higher Education, which were dismissed. The Committee would be grateful if the Government would state what it means by "essential qualities required for teaching" and under what legislation the teachers were dismissed, and if it would indicate what means of redress, other than appealing to the Minister in question, are available to these workers as a means of protection against all forms of discrimination on any of the grounds laid down in the Convention.

4. The Committee recalls that, according to Resolution No. 590 of 4 December 1986 regulating the system of inspection in education, teaching methods and results must be analysed (as regards both objectives and inspection methods) from the point of view of the Communist Party of Cuba (section 2) and must be assessed in the light of their political, ideological and scientific content (section 8). The Committee considered that these criteria could give rise to discrimination on grounds of political opinion in both (i) training of pupils and students; (ii) assessment of the work of teachers subject to inspection; and (iii) conditions of employment and the evaluation of the work of the inspectors themselves.

Furthermore, Legislative Decree No. 34 of 12 March 1980 which is based on the principle that "persons who are in contact with young people in the education process serve as an example in forming young persons as communists" allows the dismissal of members of the staff of higher education and other educational institutions, and staff of any education establishment who come into direct contact with students for, amongst other things, "serious and manifest activities that are contrary to socialist morals and the ideological principles of society". The workers concerned are technicians, professors, teachers, administrative staff or staff of departments coming into direct contact with students and of teaching departments employing technical staff, even if they do not work in teaching establishments or educational institutions. In its previous observations, the Committee noted that the Government intended to amend these texts. It notes the Government's statement in its latest report that it intends to make these amendments in due course in order to bring the texts into line with the particularities of the various sectors and adapt them to present circumstances, and that when it does so account will be taken of the Committee's comments.

The Committee has also examined Resolution No. 2 of 20 December 1989 respecting the reinstatement of educational workers to whom Legislative Decree No. 34/80 applied. It notes that workers dismissed for one of the activities listed in Legislative Decree No. 34/80 may only be reinstated after completing five years' disciplinary work, during which they are excluded from the education sector.

The Committee considers that this legislation is drafted in very broad terms and could therefore give rise to practices which discriminate against any worker coming into contact with young people in the educational context, enforceable by penalties which exclude them from their employment for a long period. It considers that these provisions are not consistent with the principles of the Convention and points out that they would only be in line with the Convention if they dealt with qualification requirements for certain jobs involving special responsibilities. In paragraph 126 of its 1988 General Survey on Equality in Employment and Occupation, the Committee stressed that "Certain criteria may be brought to bear as inherent requirements of a particular job, but they may not be applied to all jobs in a given occupation or sector of activity, and especially in the public service". The Committee asks the Government to ensure that the above-mentioned texts are repealed in the near future, in conformity with Article 3(c) of the Convention. It trusts that the next report will contain information on progress made in this respect.

Evaluation of workers

5. The Committee recalls that section 3 of Resolution No. 50 of 21 September 1987 regulating the evaluation of the work of journalists, sets out parameters for evaluating the results of their work which include "the political, ideological, economic and social scope of the work performed" (subsection (b)). The Committee pointed out in its previous comments that the outcome of the evaluation affected the wage level of the workers in question since an evaluation that is not "positive" has the effect of lowering the worker's wage to the level below the current one (section 27). Furthermore, a "non-positive" biennial evaluation of the employment relationship of the person concerned can lead to dismissal (section 28). The Government indicated previously that the performance of journalists is assessed solely on the basis of their qualifications and the results of their work, and in its latest report it merely takes note of the Committee's comments and undertakes to inform it of any amendment to the Resolution. In the Committee's view, provisions which refer to ideological and political factors may affect both access to and security of employment as well as conditions of work. Consequently, the Committee again asks the Government to remove the political and ideological elements from the criteria for the evaluation of journalists laid down in section 3(b) of Resolution No. 50/87 so that, in both law and practice, these workers are assessed on the basis of their qualifications and the results of their work. The Committee hopes that, in its next report, the Government will be able to provide information on the measures taken in this respect.

Access to training

6. Further to its previous comments, the Committee notes that the Government reiterates its earlier statements concerning admission to post-secondary or higher education and specifies that each resolution governing the admissions system applies only for one academic year. The Committee notes Resolution No. 1 of 11 February 1992 and observes that, as the Government points out in its report, the criteria set out in this text for admission to higher education refer to the candidates' qualifications which are ascertained by assessments based on a student's "academic index" which is determined by examinations. The Committee noted in its previous observation that, according to the Government, all information that was not linked to the education process would be withdrawn from the new model school records, and asked the Government to provide information on the role played in this respect by the students' collective and the trade union since the new records came into effect. The Committee again asks the Government to provide this information. Furthermore, it asks the Government to explain the nature of the consultations provided for in section 20 of Resolution No. 1/92 between the university authorities and, inter alia, the Communist Party of Cuba and the trade union and to indicate, in the context of these Resolutions, the criteria other than qualification criteria that are used to assess and, if the case arises, exclude a candidate.

Access to employment

7. With regard to the "personal verification form" containing information on a worker's moral attitude and social conduct, the Committee notes the Government's statement that the general inquiry into the internal rules of certain enterprises has shown that the moral qualities and social conduct required for recruitment are not different from requirements elsewhere, in any country or enterprise. The Government states that these requirements are a part of any normal employment relationship and are not among the criteria banned by the Convention. The Government states, however, that it plans to pursue the inquiry and to review the above-mentioned regulations so as to remove all ambiguity and ensure consistency with the principles of equality laid down in the Labour Code.

The Committee points out that under Article 1, paragraph 2, of the Convention, only distinctions, exclusions or preferences based on the requirements of a particular job are not deemed to be discrimination. Moreover, in the above-mentioned General Survey, the Committee recalls in paragraph 126 that, "although it may be admissible, in the case of certain higher posts which are directly concerned with implementing government policy, for the responsible authorities generally to bear in mind the political opinions of those concerned, the same is not true when conditions of a political nature are laid down for all kinds of public employment in general or for certain other professions". Consequently, the Committee draws the Government's attention to the fact that requirements that refer to moral qualities and social conduct could only be admissible if they were closely linked to the requirements of a specific post. The Committee hopes that the above-mentioned regulations will be reviewed in the near future and that the Government will be able to provide information in this respect in its next report.

8. The Committee notes that the Government repeats that Resolution No. 702 of 29 December 1981 of the Ministry of Education (which lays down political and ideological criteria for the assignment of graduates) was tacitly repealed by the adoption of Resolution No. 51 of 12 December 1988 regulating the implementation of employment policy, which, according to the Government's previous statements, is to be reviewed, the new text being under discussion on a tripartite basis. Since the draft regulations on employment policy define, amongst other things, the content of professional records, the Committee would be grateful if the Government would indicate in its next report the stage reached in the review and if it would provide a copy of the text as soon as it has been adopted.

9. With regard to posts in the administration of the State, the Committee notes that the ones which are controlled by the Communist Party of Cuba are those falling within the institutional structure established by Legislative Decree No. 67 of 1983 respecting the organization of the central administration of the State; the only posts involved are certain political and high-level offices (ministers, deputy ministers, presidents, vice-presidents and certain executive posts which each institution determines according to its specific requirements). The Committee refers to paragraph 126 of its General Survey, which it has already mentioned above, and recalls that requirements of a political nature must be restricted to certain high-level posts directly related to government policy in order to be consistent with the Convention. The Committee asks the Government to continue to provide information on any developments in this respect.

10. The Committee raises certain other points in a request addressed directly to the Government.

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

The Committee takes note of the information supplied by the Government in reply to points 1 to 3 of its previous direct request.

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

With reference to its previous comments, the Committee takes note of the information supplied by the Government at the Conference Committee in June 1992 and in its last report.

1. Regarding the comments of the International Confederation of Free Trade Unions (ICFTU) alleging discrimination based on political opinion in access to education and training and to employment, the Committee notes with interest the following information:

- The Ministries of Education and Higher Training have undertaken studies with a view to removing from the student's school record elements which do not involve academic matters and a copy of the new model school record will be transmitted once it has been discussed with the parties involved.

- A draft "regulation on the implementation of the employment policy", to replace resolution No. 51 of 1988 is being discussed on a tripartite basis. The draft defines the content of the cumulative labour record and will indicate clearly that it may no longer contain information on merits or demerits.

- The "personal verification form" containing information on a worker's social conduct was used in a particular institute, which has subsequently modified its rules in this connection. The Government is conducting a general inquiry on the internal rules that have been established by some enterprises with a view to eliminating from files all information relative to moral attitudes or social conduct of workers, which are extraneous to the employment relationship.

The Committee also notes the Government's statement that the state inspection had conducted an inquiry on some of the cases mentioned by the ICFTU. In a large number of cases there was no discrimination involved and the workers' complaints were resolved through the appropriate procedures in accordance with the law. In other cases, it was not possible to identify the specific circumstances.

The Committee requests the Government to communicate, in its next report, copies of the new model school record and of the new regulations on the implementation of the employment policy to replace resolution No. 51 of 1988. It also hopes that the next report will indicate the measures taken in accordance with the Convention as a result of the inquiry on the internal rules of enterprises.

2. Regarding the comments made by the Latin American Central Organization of Workers (CLAT) in a letter dated 19 February 1992, the Committee notes the Government's statement that it had already sent a reply to the ILO on 3 February 1992. As this reply does not appear to have reached the ILO, the Committee hopes that the Government will send its reply on these comments, which concerned the dismissal of 14 university professors for having expressed their opinions, in time for examination by the Committee at its next session.

Access to training

3. With reference to the analysis by the students' collective of the student's personality and social behaviour as a criterion for the approval of applicants for admission to post-secondary or higher studies (Ministry of Education resolutions No. 1/89 of 18 March 1989 and No. 260/88 of 16 May 1988) and to the approval of the administration and trade union section as to the "moral" requirements to be met by the applicant for admission to "directed courses" (Ministry of Higher Education resolution No. 250/81 of 31 July 1981 amended in 1985), the Committee notes that, according to the Government, the introduction of the new model school records will remove all information foreign to the educational process from such records. The Committee would appreciate receiving information on the procedures used for admission to post-secondary or higher studies and to "directed courses" and on the role played in this regard by the students' collective and the trade union once the new model student records are in place. Please indicate whether the above-mentioned resolutions will remain in force.

Access to employment

4. The Committee notes the Government's statement in reply to the Committee's previous direct request that the assignment of graduates and the criteria to be used for this purpose are regulated by resolution No. 51/88, which is currently being revised and that resolution No. 702 of 1981 of the Ministry of Education, although not repealed expressly by resolution No. 51/88, remains inoperative as it predates this resolution. The Committee hopes that the amendments to resolution No. 51/88 will repeal expressly resolution No. 702/81 (which included political and ideological criteria for the assignment of graduates).

5. The Committee takes note of the Government's statement that the posts covered by Legislative Decree No. 82 of 1984 on the Work System of the State Managers and its implementing Decree No. 125 of 1984 are not those which must be controlled by the Communist Party of Cuba, in accordance with the resolution of the First Congress of the Communist Party of Cuba of 1975, and that both texts do not contain requirements of a political nature. The Committee requests the Government to provide, in its next report, the list of the posts in the administration of the State which are controlled by the Party, in pursuance of the above resolution, and the requirements applicable to those posts.

6. Regarding the educational sector, the Committee notes that the Government is pursuing its analysis of resolution No. 590/86 regulating the system of inspection in education and Legislative Decree No. 34/1980, with the aim of adapting them to current circumstances and requirements which affect the activities they regulate and that the Committee's comments will be taken into account when elaborating the new standards in this field. The Committee trusts that the new standards being elaborated will remove from the legislation any provision which could give rise to discrimination on the basis of political opinion, in conformity with Article 3(c) of the Convention, and that the next report will indicate the progress made in this regard and contain the text of any new standards adopted.

7. Recalling that it has still not received a copy of the joint resolution No. 2 of 20 December 1989 of the Ministries of Education and Higher Education, the Committee again asks the Government to communicate the text in question.

Evaluation of workers

8. The Committee notes with interest from the Government's report that resolution No. 590/80 of 11 December 1980 (which listed certain "labour merits" based on political factors to be included in a workers' labour record) has been repealed. It would be grateful if the Government would provide a copy of the final version of the repealing resolution.

9. In previous direct requests, the Committee had noted that section 3 of resolution No. 50 of 21 September 1987 respecting the parameters for evaluating the performance of workers in journalism includes the political and ideological scope of the work performed. The Committee noted that the outcome of the evaluation affects the wage level of the workers in question since an evaluation that is not "positive" has the effect of lowering the worker's wages to the level below the current one (section 27). Section 28 provides that as a result of a non-positive biennial evaluation the employment relationship of the person concerned may be terminated. The Committee notes the Government's reply that journalists' performances are evaluated solely on the basis of their qualifications and the results of their work. Given, however, that the text of this resolution makes reference to ideological and political elements which may affect both access to, and security of, employment and conditions of employment, the Committee asks the Government to provide information, in its next report, on the measures taken or envisaged to remove these elements from the criteria for evaluation of journalists, set forth in resolution No. 50, so as to bring it into line with the stated practice of judging performance on the sole bases of qualifications and results.

[The Government is asked to report in detail for the period ending 30 June 1993.]

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

The Committee refers to its previous comments and to the observation concerning the Convention which is being directed to the Government this year. The Committee notes that the Government has not supplied any information in response to the questions raised in its previous direct request which reads as follows:

Access to training

1. The Committee notes that Resolution No. 53/90, of 30 March 1990, of the Ministry of Education, respecting the establishment of lists of candidates for post-elementary secondary education, provides in section 9 that provincial directorates of education and elementary secondary establishments shall seek the support of the Union of Young Communists and the "José Martí" Pioneer Organisation, when establishing their procedure and shall take all appropriate measures to maintain "rigorously the principles underlying the system governing the list of candidates during all the years that it has been applied". The Committee would be grateful if the Government would supply information on the effect given in practice to these provisions respecting the establishment of the list of candidates.

2. The Committee refers to Resolution No. 331/87 which repealed, among other instruments, Resolution No. 327/82 of 9 November 1982, to which it referred in its previous comments. It notes that Resolution No. 331/87 states in its preamble that it is necessary to repeal a series of regulations which cover, in some cases, organisational matters and in other cases, matters of an administrative nature, and that the matters covered by those regulations that remain in force have been covered in subsequent regulations. The Committee would be grateful if the Government would state in this connection whether the requirement of fulfilling the political and ideological conditions specified in Resolution No. 327/82 has remained in force.

3. The Government states that Resolution No. 4 of 15 July 1980 was repealed by Resolution No. 238/81 of 24 July 1981. The Committee notes that the text of Resolution No. 238/81, which was transmitted by the Government, repeals resolution No. 4 of 5 January 1980. The Committee also wishes to point out that Resolution No. 418, of 23 September 1985, of the Ministry of Higher Education, to which it referred in its previous comments, was published in the Official Gazette of 4 November 1985 and concerned new admissions and the continued attendance of students in the "Sergio Pérez" preparatory faculty of the "Pablo Lafargue" Higher Teaching Institute.

4. The Government states that Resolution No. 702, of 29 December 1981, of the Ministry of Education is not in force and that the assignment of graduates is carried out according to the procedure set out in Chapter IV of the rules for the application of the employment policy, adopted by Resolution No. 51/88 of 12 December 1988. The Committee notes that, by virtue of section 4 of Resolution No. 51/88, many resolutions are to be repealed, although Resolution No. 702 is not among them. It also notes that Chapter IV of the above rules lays down the contracts which must be concluded with graduates by bodies that are provided with those graduates through the centralised authority (sections 109 and 110), and requiring organs of the central administration and of the local authorities, and mass organisations must conclude, in September each year, contracts with the graduates who are assigned to them (section 111). The Committee notes, however, that Chapter IV of the rules does not appear to include provisions respecting the distribution and assignment of graduates or the criteria taken into account for this purpose; by virtue of Resolution No. 702 of 1981, these criteria also include political and ideological aspects.

5. The Committee refers to its comments on Resolution No. 50 of 21 September 1987 (inclusion of the political and ideological scope of the work performed in the evaluation of the performance of journalists). The Committee notes the Government's statement that these comments have been noted and that any amendment of the provisions in question will be reported to the Committee. The Committee requests the Government to indicate the measures that have been taken or are envisaged to guarantee equality of opportunity and treatment to workers in journalism, in accordance with the Convention.

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

1. The Committee refers to its observation of 1991 in which it asked the Government, in particular, to forward its comments on the questions raised by the International Confederation of Free Trade Unions (ICFTU) in its letter dated 31 January 1991, which were transmitted to the Government by a letter from the ILO dated 19 February 1991.

In this connection the Committee has taken note of a letter addressed to its members by the Government, supplying information on the domestic and international situation of Cuba. The Government states in particular that economic and political pressure are being brought to bear on its country, which is the object of a campaign of propaganda and disinformation designed to discredit and isolate it, and that it considers that the observations communicated by ICFTU fall within the context of that action. The Government expresses its support and respect for the work of the ILO on behalf of the workers of the world, describes the degree of application of the 86 international labour Conventions ratified by Cuba and mentions the importance it attaches to social development. At the same time it asks the members of the Committee and the Committee as a whole to make an assessment of the replies in the context of the exceptional situation through which the country is passing.

The Committee has taken note of this communication. For its part, it wishes to point out that, in its consistent task of determining whether the provisions of a given Convention are being complied with, it is guided only by the standards laid down in the Convention concerned. It is a matter of international standards, and the evaluation of their application must be uniform and not be affected by ideas derived from any particular social or economic system.

The Committee has also noted that the Government has not supplied specific comments on the questions raised by ICFTU, which relate to discriminatory practices based on the ideological attitude of the persons concerned.

According to ICFTU, these practices take, in particular, the following forms:

- the "expediente acumulativo escolar", or school record, which accompanies the student for the entire duration of his studies and forms part of the cumulative labour record (expediente acumulativo laboral) when the student seeks employment. The student's record contains in particular information about his or her moral, political and ideological education, which are the subject of an annual evaluation, and on his or her parents' participation in religion;

- the cumulative labour record, which contains information on the worker's political integration and attitude to the revolution (see paragraph 8 below);

- the personal verification form, which is kept by the neighbourhood Committee for the Defence of the Revolution (CDR) on every worker and which contains in particular information about the worker's social conduct and possible relations with persons "unsympathetic to the revolution"; this document is no longer incorporated in the cumulative labour record, but is accessible to the authorities. ICFTU supplies photocopied extracts from these documents.

The ICFTU also supplies, with supporting documents and testimony, examples of discriminatory practices in employment and occupation, based on ideological attitude and relating to such matters as promotion, work abroad, access to housing and consumer goods, sexual harassment at workplaces, "repudiation" of applicants for emigration and a list of persons who have suffered through these practices. The Committee hopes that the Government will supply its comments on the questions raised by ICFTU so that they may be examined at its next session.

2. The Committee also takes note of the observations communicated by the Latin American Central Organisation of Workers (CLAT) in its letter dated 19 February 1992, transmitted to the Government by letter from the ILO. The Committee hopes that the Government will send its comments on the questions raised by CLAT so that they may be examined at its next session.

The Committee also takes note of the information supplied by the Government to the Conference Committee in 1991 in reply to other questions raised in its previous observation.

Access to training

3. With reference to the criteria for the approval of applicants for admission to post-secondary or higher studies (Ministry of Education resolutions No.1/89 of 18 March 1989, paragraph 2, and No. 260/88 of 16 May 1988, paragraph 5), the Government has indicated that such approval is granted through a democratic procedure in which the teacher and the students' collective meeting as a student assembly participate. The teacher supplies information on the results of the tests and examinations to determine the student's knowledge. The students' collective at the same level and group as the applicant analyses the student's qualities and personality, his devotion to study, discipline, dedication to research, participation in teamwork, his human relations, etc. Thus the educational process is based on the pupil's qualities and prepares him harmoniously for life in his environment. The students' collective also participates in the evaluation of the results of operation of the school.

The Committee takes note of this information. Although it appreciates the objectives of the participation of the students' collective, the Committee finds that approval is granted through a personal examination of the applicant centred not only on his intellectual and studious qualities but also on his social behaviour. In these circumstances, and also in view of the questions raised above concerning the student's record, the Committee hopes that the Government will take the appropriate measures to ensure that, in the individual examination which every applicant must undergo, no elements such as religion, political opinion or social origin, which might give rise to discrimination within the meaning of the Convention, are taken into account. 4. With reference to admittance to "directed courses" (Ministry of Higher Education resolution No. 250/81 of 31 July 1981, as amended by resolution No. 66/85 of 26 March 1985), the Government indicates that the approval of the administration and trade union section as to the "moral" requirements to be met by the applicant is nothing more than a conventional administrative formality and means that, in the case of courses for the workers, the candidate's application must be signed by the representatives of the trade union and of the administration.

The Committee has taken note of these explanations. The Committee hopes that, in this case too, no element regarded as discriminatory in the provisions of the Convention plays any part in admittance to the "directed courses" which, according to the above-mentioned texts, may also be accessible to citizens not bound by an employment relationship, which in this case must obtain the approval of the appropriate mass agencies.

Access to employment

5. The Government has indicated that the list of posts under the State, according to Legislative Decree No. 82 of 1984 on the work system of state officials and Decree No. 125 of 1984 on the regulations pursuant thereto, does not coincide with the lists of posts to be supervised by the Communist Party of Cuba under the resolution of the First Congress of the Communist Party of Cuba, 1975. Furthermore, the Government has stated that, even in the managerial posts shown in the list drawn up in accordance with the 1984 texts, the indicators governing selection and promotion do not include either membership of a political party or political opinion, but only the requisites for the managerial activities which the persons concerned have to carry on. With regard to the "spirit of collectivism" required of education staff, the Government has indicated that this is a means designed to ensure the democratic participation of students' collectives and organisations in politics and in the development of education in the country.

The Committee has taken note of these indications. The Committee recalls that the list of posts that depend on the system governed by the above-mentioned 1984 texts also include posts in the administration and posts in undertakings and extends to heads of factories, workshops, brigades and teams. The Committee also recalls that the requirements for the occupation of directorial posts in education include the "spirit of collectivism" and "attachment to the masses and confidence in them". The Committee again emphasises that political opinion may only be taken into account when it is a required qualification for particular posts and functions, in accordance with Article 1, paragraph 2, of the Convention, that is to say for certain senior posts directly connected with the practical implementation of government policy. Consequently, the Committee is returning to the consideration of some aspects connected with political opinion which have been raised in previous comments on access to employment and the evaluation of workers.

6. The Government has stated that resolution No. 590/86 is without effect and does not constitute an element of discrimination in the inspection system of the Ministry of Education, which is being revised and will have been transformed before the end of the 1991 school year. The Government specifies that it is not a matter of political opinions but of education policy which is formulated and controlled by the Ministry of Education. The Committee points out that, according to resolution No. 590/86, the process of teaching and the results obtained should be analysed from the standpoint of the policy of the Communist Party of Cuba (section 2) and evaluated taking into account their political, ideological and scientific content (section 8). The Committee again emphasises that these criteria may give rise to discrimination based on political opinion: (i) in the training of pupils and students; (ii) in the evaluation of the work of teachers subjected to inspection; and (iii) in the conditions of employment and evaluation of the work of those teachers. Consequently, the Committee hopes that, on the occasion of the revision of the education system, the Government has taken the necessary measures to ensure that the national laws and practice conform to the Convention.

7. The Committee takes note of the Government's statement that the provisions of Legislative Decree No. 34/1980, which were the subject of previous comments (authorisation to dismiss certain staff members in higher education establishments for conduct including activities contrary to socialist morality and the ideological principles of society) have no practical application today. The Committee hopes that, as the Government indicated, these provisions will be brought into harmony with the Convention when the above-mentioned legislation is revised. Furthermore, the Committee again asks the Government to supply the texts of joint resolution No. 2 of 20 December 1989 of the Ministries of Education and Higher Education, which deals with the rehabilitation of workers in education to whom Legislative Decree No. 34/1980 has been applied.

Evaluation of workers

8. The Committee refers to its 1991 observation. The Committee recalls that section 129 of the Regulations for the Application of Employment Policy (resolution No. 51/88 of 12 December 1988), like section 61 of the Labour Code, provides that the labour record is a document that contains data and particulars of the worker's working experience and that the employing agency is under an obligation to prepare, update and keep such a record for every member of its staff. The Committee points out again that, among the "working merits" to be mentioned in the labour record (section 130 of the above-mentioned Regulations) and which are defined in section 5 of resolution No. 590/1980, are included, in particular, the fact of being selected for an international mission and the maintenance of an activity consistent with the principle of proletarian internationalism during the performance of the mission. According to section 6 of the same resolution, distinctions which do not constitute a labour merit but which are conferred by such bodies as mass organisations or official institutions and which express the "revolutionary attitude maintained by the worker outside his work centre" may be included in the labour record. The Committee considers that these provisions are not in conformity with the provisions of the Convention concerning the elimination of any discrimination based on political opinion.

The Government has stated in this connection that the system of merits and demerits related to work and governed by resolution No. 590/1980 of the Committee on Labour and Social Security (CETSS) forms an integral part of the "socialist emulation" organised and controlled by the trade union organisations and is independent of the system of evaluation of the qualifications of workers for purposes of access to and retention in employment. The Government explains that two recent resolutions not yet supplied to the ILO deal with these questions; these are resolution No. 18 of 19 November 1990 and resolution No. 4 of 15 March 1991.

The Committee has taken note of this information. The Committee observes that resolution No. 590/1980 is a text of regulations promulgated by the Minister-Chairman of CETSS and that it determines the facts to be included in the labour record by "labour merit and demerit assemblies" and that it defines those merits and demerits in sections 5 and 6 respectively. The Committee therefore considers that these are criteria for the professional assessment of the worker fixed by the Government, as will be seen, in particular, from the criteria relating to the results of work and vocational qualifications defined in clauses (a) to (d), (e) and (h) of paragraph 5 of the resolution (for example, designation as the best worker of the year, contribution to the increase in productivity and the quality of services, approval of examinations for technical skill or instructor's skill).

In addition, the Committee takes note of the Government's statement that, on the basis of these merits, moral and material incentives are granted by the trade union organisations (such as national or international tours at low prices or free of charge or the opportunity to purchase goods which are scarce in the country). The Committee considers that these privileges and benefits in kind are elements of the conditions of employment. Consequently, the Committee considers that the fact that they are distributed according to work-related merits decided upon by the trade union organisations does not exempt from the obligation under the Convention to ensure that the criteria constituting those merits do not involve elements that may give rise to discrimination, in particular on the basis of political opinion (such as the fact of having been selected to perform an internationalist mission and of exhibiting an attitude consistent with the principle of proletarian internationalism). The Committee also considers that the inclusion in the work record of distinctions conferred for a "revolutionary attitude" outside the labour environment might constitute discrimination.

The Committee consequently hopes that the Government will take the necessary measures to bring the law into harmony with the Convention on these points.

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

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

The Committee refers to its previous comments and to the observation that it is addressing to the Government on this Convention.

Access to training

1. The Committee notes that Resolution No. 53/90, of 30 March 1990, of the Ministry of Education, respecting the establishment of lists of candidates for post-elementary secondary education, provides in section 9 that provincial directorates of education and elementary secondary establishments shall seek the support of the Union of Young Communists and the "José Martí" Pioneer Organisation, when establishing their procedure and shall take all appropriate measures to maintain "rigorously the principles underlying the system governing the list of candidates during all the years that it has been applied". The Committee would be grateful if the Government would supply information on the effect given in practice to these provisions respecting the establishment of the list of candidates.

2. The Committee refers to Resolution No. 331/87 which repealed, among other instruments, Resolution No. 327/82 of 9 November 1982, to which it referred in its previous comments. It notes that Resolution No. 331/87 states in its preamble that it is necessary to repeal a series of regulations which cover, in some cases, organisational matters and in other cases, matters of an administrative nature, and that the matters covered by those regulations that remain in force have been covered in subsequent regulations. The Committee would be grateful if the Government would state in this connection whether the requirement of fulfilling the political and ideological conditions specified in Resolution No. 327/82 has remained in force.

3. The Government states that Resolution No. 4 of 15 July 1980 was repealed by Resolution No. 238/81 of 24 July 1981. The Committee notes that the text of Resolution No. 238/81, which was transmitted by the Government, repeals resolution No. 4 of 5 January 1980. The Committee also wishes to point out that Resolution No. 418, of 23 September 1985, of the Ministry of Higher Education, to which it referred in its previous comments, was published in the Official Gazette of 4 November 1985 and concerned new admissions and the continued attendance of students in the "Sergio Pérez" preparatory faculty of the "Pablo Lafargue" Higher Teaching Institute.

4. The Government states that Resolution No. 702, of 29 December 1981, of the Ministry of Education is not in force and that the assignment of graduates is carried out according to the procedure set out in Chapter IV of the rules for the application of the employment policy, adopted by Resolution No. 51/88 of 12 December 1988. The Committee notes that, by virtue of section 4 of Resolution No. 51/88, many resolutions are to be repealed, although Resolution No. 702 is not among them. It also notes that Chapter IV of the above rules lays down the contracts which must be concluded with graduates by bodies that are provided with those graduates through the centralised authority (sections 109 and 110), and requiring organs of the central administration and of the local authorities, and mass organisations must conclude, in September each year, contracts with the graduates who are assigned to them (section 111). The Committee notes, however, that Chapter IV of the rules does not appear to include provisions respecting the distribution and assignment of graduates or the criteria taken into account for this purpose; by virtue of Resolution No. 702 of 1981, these criteria also include political and ideological aspects.

5. The Committee refers to its comments on Resolution No. 50 of 21 September 1987 (inclusion of the political and ideological scope of the work performed in the evaluation of the performance of journalists). The Committee notes the Government's statement that these comments have been noted and that any amendment of the provisions in question will be reported to the Committee. The Committee requests the Government to indicate the measures that have been taken or are envisaged to guarantee equality of opportunity and treatment to workers in journalism, in accordance with the Convention.

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

Further to its previous comments, the Committee notes the information supplied by the Government in its report. It also notes the comments concerning the application of the Convention made by the International Confederation of Free Trade Unions (ICFTU) in its letter dated 31 January 1991, which were transmitted to the Government by a letter from the ILO dated 19 February 1991. The Committee hopes that the Government will forward its comments on the questions raised by the ICFTU so that the Committee can examine them at its next session.

The Committee recalls its previous comments, which concerned a series of legal texts and regulations under which access to training and employment, as well as the assessment of workers for the purposes of selection and assignment and to determine their merits and demerits, are dependent on the political attitude of the persons concerned.

The Committee notes, according to the Government's report, that most of the texts referred to in its previous comments have been repealed and replaced by more recent texts. It notes the new texts transmitted by the Government and the information that it supplied on this subject.

Access to training

1. The Government points out in particular that the academic index is the principal factor determining the position of each student in the list of candidates for admission to post-secondary studies (Resolution No. 53/90 of 30 March 1990, of the Ministry of Education) or to higher education (Resolution No. 1/89 of 18 March 1989, of the Ministry of Education) and that, in these Resolutions, as well as in Resolution No. 260/88 of 16 May 1988 of the Ministry of Education, no conditions are established of an ideological or political nature which could change the academic index for the purposes of the list of candidates.

The Committee notes with some concern that, when establishing the above lists of candidates, reference is made to candidates "who have received the approval of the school and the student collective" (Resolution No. 1/89, paragraph 2) and that a separation is made between "those who have received approval and those who have not, distributed according to the academic index" (Resolution No. 260/88, paragraph 5). The Committee would be grateful if the Government would indicate the criteria on which this approval is granted to candidates.

2. With reference to Resolution No. 138/90 of 22 March 1990, which establishes the conditions for admission to the "Manuel Ascunse Domenech" Teaching Unit, the requirements set out in paragraph 1 of the Resolution include those of "obtaining the approval of the student collective", "succeeding in the interview in which it is established that applicants fulfil the conditions that are required to opt for teaching careers" and of "being unconditionally and permanently ready to serve the revolution". It also notes (paragraph 9 of the Resolution) that the subcommittees that are responsible for conducting these interviews include representatives of students from the Federation of Students of Intermediate Teaching and from the Union of Young Communists.

The Committee also notes that Resolution No. 250/81, of 31 July 1981, of the Ministry of Higher Education (issuing the regulations respecting "directed courses"), as amended by Resolution No. 66/85 of 26 March 1985, although it no longer refers in section 7 to the "established political and moral conditions", nevertheless requires an attitude that conforms to the "moral principles" which, as in the case of the above political and moral conditions, have to be approved by the "administration or trade union chapter, or by the corresponding mass organisations".

The Committee would be grateful if the Government would indicate the measures that have been taken or are envisaged to ensure that the content and application of these provisions of Resolution No. 138/90 and of Resolution No. 250/81, as amended, cannot give rise to discrimination on the grounds of political opinion, which would be contrary to the requirements of the Convention.

Access to employment

3. With regard to access to employment, the Committee inquired in its previous comments as to the current situation regarding the application of the Resolution of the First Congress of the Communist Party of Cuba of 1975, which approved the policy respecting managerial staff, basing it, in particular, on political reliability and on the ideological and revolutionary firm conviction of the personnel concerned.

The Government states that the theses and resolutions of the Communist Party of Cuba are renewed or reaffirmed at each Party Congress and are given force in law by the texts of the national legislation; in the case of the policy on managerial staff, these texts are Legislative Decree No. 82 of 1984 and Decree No. 125 of 1984 issued under the above Legislative Decree, which make no reference to political elements that could be discriminatory.

In this connection, the Committee notes the list of the functions of the State under the system governed by the above two texts of 1984, which was supplied by the Government in its report in reply to the Committee's request. It notes that this list of functions, in addition to those of the central administration and the local authorities, includes those of managers of enterprises, groups of enterprises and departments of enterprises, and of the persons in charge of factories, workshops, brigades and teams.

The Committee also notes the document on the management structure of the education system, which was transmitted by the Government. It notes that the conditions that are required to hold a managerial position in the education system include the "unquantifiable conditions" set out in paragraph 1.2.2 of the document, which include the "spirit of collectivism" and "attachment to the masses and trust and respect of the masses".

The Committee recalls that the Resolution of the First Congress of the Communist Party of Cuba, which is referred to above, called for the establishment of a list of functions which includes fundamental functions, including those of the State, which must be controlled by the Party. The Committee would be grateful if the Government would state whether the list of functions that was transmitted in the report corresponds with the list called for by the above Resolution. It wishes to draw the Government's attention in this connection to the comments that it made in paragraphs 60 and 126 of its 1983 General Survey on Equality in Employment and Occupation respecting discrimination based on political opinion in jobs in economic sectors and in the public service. The Committee emphasises in particular that political opinion should only be taken into account if this is actually justified by the inherent requirements of the jobs or functions concerned.

4. The Committee referred in its previous comments to Ministerial Resolution No. 235/82, of 12 June 1982, laying down the rules for the inspection system of the Ministry of Education, which requires of inspectors a political and moral conduct that is in keeping with the principles and aims of the socialist State (section 46(a)). It notes that Resolution No. 235/82 was repealed by Resolution No. 590/86 of 4 December 1986. The Committee notes that the rules for the inspection system established by Resolution No. 590/86 require, as regards both objectives and methods of inspection, that criteria such as an analysis that is always made "from the point of view of the policy of the Communist Party of Cuba" (section 2) or evaluation that takes into account "the political, ideological and scientific content" (section 8) be used when assessing the effectiveness of the teaching and education process and the results obtained. The Committee considers that these criteria may result in discrimination based on political opinion in the education of schoolchildren and students, in the employment of inspectors, in the assessment of their work as well as that of the work of teachers who are inspected.

The Committee would be grateful if the Government would supply information on the effect given in practice to these provisions in the inspection of the education system. It hopes in any case that the Government will take the appropriate measures to ensure the conformity of the national law and practice with the Convention.

5. With reference to Legislative Decree No. 34, of 12 March 1980, which authorises the dismissal of certain staff members in higher education establishments for conduct including activities contrary to socialist morality and the ideological principles of society, the Government states that its application is a rare exception and that its effect has been reduced by Joint Resolution No. 2, of 20 December 1989, of the Ministers of Education and Higher Education, which deals with the rehabilitation of educational workers to whom Legislative Decree No. 34 of 1980 has been applied. The Government also states that it has noted the Committee's observation for an examination of these aspects of the Legislative Decree if the latter is amended.

The Committee hopes that the legislation will be brought into conformity with the Convention on this point and requests the Government to supply information on the effect given in practice to the provisions of Legislative Decree No. 34 of 1980 and of Resolution No. 2 of 1989, and to supply the text of this latter Resolution.

Evaluation of workers

6. The Committee notes the Government's statement that Resolution No. 2173, of 2 November 1983, concerning the updating of data (including data on political integration) contained in the work record is no longer in force since its application was limited to the census of skilled labour carried out in 1985. The Committee recalls that, according to section 61 of the Labour Code, the work record is the document which contains the entries and record of the work history of the worker, and that the work unit is responsible for establishing, updating and keeping the work record for each staff member. The Committee therefore infers that the data on political integration that was updated for the 1985 census will remain in the work record and could serve as grounds for discrimination based on political opinion.

The Committee notes in this connection the information supplied by the Government concerning Resolution No. 51/88 of 12 December 1988, issuing the rules for the implementation of the employment policy, and particularly Chapter VI of the rules, which cover the work record. It notes that section 129 of the rules reproduces the provisions of section 61 of the Labour Code referred to above.

The Committee also notes that, by virtue of section 130 of the above rules, the contents of the work record must include the following documents: "(e) copies of evaluation certificates" and "(i) work-related merits; (j) relevant non-work-related merits; (k) work-related demerits". The Committee refers in this connection to Resolution No. 590/80, of 11 December 1980, of the State Committee on Labour and Social Security. It notes that, according to section 5 of Resolution No. 590/80, "work-related merits" are considered to include "(d) being selected to undertake an international mission and maintaining an attitude that conforms to the principle of proletarian internationalism while undertaking the mission". The Committee also notes that, by virtue of section 6 of the same Resolution, the work record may also include notification of distinctions which do not constitue work-related merits, but which are awarded, among others, by mass organisations or official institutions and which bear witness to the "revolutionary attitude of the worker outside his workplace".

The Committee requests the Government to indicate whether it intends to modify the above provisions of the national legislation in order to ensure their conformity with the Convention in respect of the elimination of all discrimination based on political opinion.

7. The Committee is addressing a request directly to the Government on other points related to the questions that have been raised.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

With reference to its observation, the Committee refers to the following texts:

1. Access to training

- the Child and Youth Code, issued by Act No. 16 of 28 June 1978 (sections 23, 24 and 26, subsection 2);

- Ministry of Education Resolutions No. 400, of 23 May 1977 (first to fourth, eighth and ninth paragraphs and methods of application), and No. 730, of 8 December 1980 (first to third paragraphs and methods of application);

- Ministry of Education Resolutions No. 512, of 3 December 1982, as amended by Resolution No. 385 of 18 August 1983; No. 189 of 27 May 1983; No. 568 of 21 September 1981 (in particular, second paragraph (c)); No. 58 of 6 February 1981 (in particular, third paragraph (a)); No. 234 of 12 June 1982; and No. 300 of 11 June 1981;

- Ministry of Higher Education Resolutions No. 418 of 23 September 1985; No. 193 of 5 July 1982; No. 250 of 31 July 1981; No. 327 of 9 November 1982; and No. 4 of 15 July 1980, so far as these texts require the candidates to be outstanding in fulfilling the obligations imposed by the political and social organisations, or to meet the established political and moral requirements, or to meet the political and ideological conditions laid down in the instructions of the Secretariat of the Central Committee of the Communist Party of Cuba, dated 26 October 1977, in respect of the application of policy at a scientific level, or to follow a conduct in keeping with the principles of the Revolution and to have shown that they have assimilated and applied the scientific and methodological approach of Marxism-Leninism;

- Disciplinary Regulations for Students in Higher Education, approved by the Resolution of the Ministry of Higher Education No. 480 of 7 November 1980 (in particular sections 6, 10(ch), (d) and (e), 11(ch), 37(a) and (b)).

The Committee wishes to refer to paragraphs 77 and following of its 1988 General Survey on Equality in Employment and Occupation, in which it refers to the paramount importance of training and vocational guidance in that they determine the actual possibilities of gaining access to employment and occupations. Discrimination which exists in the matter of access to training and in the quality of the training are subsequently perpetuated and aggravated when the persons who have undergone this training compete to obtain the available jobs. The Committee also referred to the incompatibility with the Convention of texts which in certain cases lay down conditions of a political or ideological nature for appointment to university posts, since the academic posts in question give access to a wide range of jobs for the performance of which, as an intrinsic requirement of the job, there is no need for ideological or political qualifications to be demanded of candidates.

The Committee requests the Government to examine the above provisions in the light of the Convention and to indicate the measures that have been adopted or are envisaged in order to formulate and pursue a policy designed to promote equality of opportunity and treatment in middle and higher education, and to repeal the legislative provisions and modify the practical administrative provisions that are incompatible with such a policy, in accordance with the provisions of Articles 2 and 3(c) of the Convention.

2. Access to employment

With regard to access to employment, the Committee referred to the following texts:

(a) Resolution of the First Congress of the Communist Party of Cuba of 1975, which approved the manifesto on the policy of training, selection, placing, promotion and advancement of managerial staff, under which the policy concerning managerial staff must be based on the characteristics of each leader and an analysis that takes into account among other things their qualities and their political reliability. Similarly, according to the manifesto approved by the Resolution, when managers propose or choose collaborators or officials they must be guided by the political and occupational capacity and the ideological and revolutionary firmness of the candidates.

The Committee requested the Government to supply information concerning the measures that had been adopted to ensure that the policy for selecting managerial staff, their collaborators and other officials is in conformity with Articles 2 and 3(d) of the Convention and to supply a copy of the lists of functions under the State. The Committee notes Legislative Decree No. 82, of 12 September 1984, respecting the conditions of employment of high-level state officials and the Regulations issued thereunder, dated 13 September 1984, which were supplied by the Government.

The Committee notes the reference contained in Legislative Decree No. 82 regarding the list of functions (section 3) and on assessment criteria (section 11). This latter provision requires that the leader be assessed from various points of view and from various sources of information.

The Committee requests the Government to state whether the Resolution of the First Congress of the Communist Party of Cuba is still in force and once again requests it to supply a copy of the lists of functions under the State.

(b) Resolution No. 235, of 12 June 1982, of the Ministry of Education, laying down the rules for the inspection system of this Ministry, which require, for the exercise of the function of national, provincial or municipal inspector of education, the observance of a political and moral conduct in keeping with the principles and aims of the Cuban Socialist State (section 46(a)) and a constant effort to excel oneself in political matters (section 49(i)).

The Committee requests the Government to indicate the current criteria used to assess political and moral conduct and the effort to excel in political matters of education inspectors, and the measures that have been adopted or are envisaged to ensure that the implementation of sections 46(a) and 49(i) of Resolution No. 235 of 1982, is not detrimental to the principles set forth in the Convention.

(c) Resolution No. 702, of 29 December 1981, of the Ministry of Education, laying down the rules for the distribution and placement of graduates of middle and higher educational establishments in accordance with their place on the list (second paragraph). For this purpose account is taken not only of the academic performance, but also of the comprehensive evaluation of the person concerned, including political, ideological, moral and disciplinary aspects and their attitude (third paragraph).

The Committee requests the Government to indicate the measures that have been adopted to ensure that the occupational placement of the persons covered by Resolution No. 702 of 1981 is carried out without discrimination.

(d) Legislative Decree No. 34, of 12 March 1980, governing the removal from a function or workplace of teaching or administrative staff in direct contact with pupils and students and of technical staff in teaching. The Committee observes, among the types of conduct that can lead to separation from the function or workplace of such staff, publicly maligning or denigrating the politico-social and mass organisations of the country and having a counter-revolutionary attitude or some other attitude that may, by its importance and social significance, be damaging to the training of children or juveniles (section 2(e) and (i)).

The Committee requests the Government to supply information on the practical effect given to these provisions and on the measures that have been adopted to ensure compliance with the Convention in this matter.

3. Evaluation of workers

The Committee referred to Resolution No. 2713, of 2 November 1983, concerning the keeping up to date of the entries contained in the workbook, entries that were to provide the source of information for the 1985 census of the skilled labour force. The Committee observed that among the entries to be kept up to date was that of political integration.

The Committee requests the Government to state whether Resolution No. 2713 is still in force.

The Committee also noted section 61 of the Labour Code, under which the workbook is the document that contains the entries and record of the work history of the worker, and the work unit is responsible for the establishment, keeping up to date and custody of the workbooks of each of its workers.

The Committee also noted Resolution No. 4533, of 5 August 1983, under which it is compulsory for the work units to retain the workbook and keep up to date the entries, including copies of the certificates of evaluation (5(f)), good work performance (5(i)) and bad work performance (5(j)).

The Committee requests the Government to supply a copy of the form of the workbook. It also requests the Government to supply information on the criteria and procedures used to establish evaluation certificates and asks it to supply copies of the relevant legislation.

The Committee also referred to the following texts:

(a) Resolution No. 590, of 11 December 1980, of the State Committee on Labour and Social Security, which lays down the procedure for the annual evaluation of the contribution and attitude of each worker and defines the acts constituting good performance and bad performance in work. The Committee would be grateful if the Government would provide information on the practical application of this Resolution in relation to the Convention.

(b) Resolution No. 453, of 23 March 1981, of the Cuban Academy of Sciences, which issued the Regulations to give effect to the Act respecting the ranks of research workers (No. 1295 of 8 May 1975). For purposes of verifying compliance with the legal requirements for engagement, promotion and the granting of the various ranks, the Regulations provide that proper use shall be made, among other elements, of the certificate of evaluation of conformity with the system for the supervision, analysis and evaluation of senior scientific and technical staff (section 24(a)), which shall also be the source of the necessary information concerning conduct and revolutionary attitude, for the purpose of increasing rank (section 25).

The Committee hopes that the Government will provide information on the way in which this process of evaluation is carried out in practice and on the measures that exist or are under consideration to preserve equality of opportunity and treatment in accordance with the Convention.

(c) In its previous comments the Committee referred to Resolution No. 428, of 14 March 1980, which laid down rules for the evaluation of workers in journalism, and which in its preamble refers to ideological and political qualities.

The Committee notes that Resolution No. 428 was repealed by Resolution No. 50 of 21 September 1987. The Committee notes that section 3 of Resolution No. 50 respecting the parameters for evaluating the performance of workers in journalism, includes the political and ideological scope of the work performed. The Committee notes that the outcome of the evaluation affects the wage level of the workers in question since an evaluation that is not "positive" has the effect of lowering the worker's wages to the level below the current one (section 27). Section 28 provides that as a result of a non-positive biennial evaluation the employment relationship of the person concerned may be terminated.

The Committee points out that the protection provided by the Convention covers both access to employment and the terms and conditions of employment.

The Committee requests the Government to indicate the measures that exist or are envisaged to guarantee to workers in journalism the equality of opportunity and treatment set forth in the Convention.

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee has referred in its previous comments to a series of laws and regulations under which access to training and employment and the evaluation of workers for their selection, placement or the assessment of their occupational merits and weaknesses depends, among other factors, on their political attitude.

With regard to training, many provisions lay down that applicants must not only possess the requisite academic qualifications but also fulfil political and moral requirements and must meet ideological and political conditions and behave in accordance with the principles of the Revolution, as a prerequisite for admission to the various teachers' training schools, higher and middle education centres and technical teaching centres. Of these, Resolution No. 327, of 1982, of the Ministry of Higher Education, lays down as a prerequisite for the admission of candidates to scientific grades the fulfilment of the political and ideological conditions specified in the instructions of the Secretariat of the Central Committee of the Communist Party of Cuba in respect of the application of policy at a scientific level (section 2(1)).

The Committee also referred to the Resolution of the First Congress of the Cuban Communist Party, under which the policy relating to managerial staff must be based on an analysis of the person involving, inter alia, an assessment of that person's political reliability; similarly, when proposing or selecting employees or officials, managers must base their choice on the revolutionary fervour of the candidate.

In relation to access to employment, the Committee referred, among other texts, to the rules for inspection in education (Ministerial Resolution No. 235 of 1982) which require for the exercise of the function of inspector the observance of a political and moral conduct worthy of the principles and aims of the socialist State (section 46(a)).

The Committee also referred to Legislative Decree No. 34, of 12 March 1980, which empowers the principals of higher education centres, the heads of local people's authority bodies and directors appointed by these heads, to directly remove from their responsibilities or jobs, technical and teaching staff and administrative and maintenance personnel for behaviour such as the performance of acts contrary to the socialist morality and to the ideological principles of society.

The Committee notes the general statement contained in the Government's report, according to which the principle of non-discrimination, enshrined in the Constitution and the Labour Code, guides labour legislation, and that the process of adjusting supplementary legislation is a continuous process that is being carried out gradually.

Nevertheless, the Committee notes that the Government's report does not contain precise information on the points raised; the Committee therefore once again addresses a detailed request on these points to the Government.