Observation (CEACR) - adoptée 1995, publiée 82ème session CIT (1995)

1. The Committee notes the information provided in the Government's report, and that supplied at the Conference Committee in 1994 and the debate that followed.

2. Discrimination based on sex. The Committee notes that, despite the detailed information provided on administrative and statutory provisions to ban discrimination based on sex, the Conference Committee keenly regretted that Bill No. 229/91 (prohibiting employers from requiring a medical certificate attesting to the sterilization of women workers, which constitutes discrimination on the ground of sex in respect of access to employment) has still not been adopted. It notes that, according to the Government's report, this Bill has reached the last stage of the enactment procedure, namely debate in the Federal Senate. In view of the fact that the Government representative at the Conference Committee expressed the hope that the Bill would become law in 1995, the Committee hopes that the Government will provide information in its next report on the adoption of Bill No. 229/91, as well as Bill No. 667/91 which prohibits the employer or a person acting on the employer's behalf from requiring a gynaecological examination of female officials.

3. With regard to equal access to vocational training, the Committee notes the information supplied in the report to the effect that Bills Nos. 45/91 and 52/91 were submitted to the Chamber of Deputies, and are to establish the Fund for the Vocational Training of Women, to be linked to the Ministry of Labour and governed by a board on which the public authorities and women's associations will be equally represented. Please provide information on the adoption of these Bills, together with copies of them.

4. Discrimination on grounds of race, colour or national extraction. With reference to the employment situation of Blacks and Mulattos, the Committee notes the information supplied by the Government representative to the Conference Committee, which is repeated in the Government's report, to the effect that only two complaints of racial discrimination were submitted to the Ministry of Labour. The first, in the state of Bahia, was considered to be irreceivable, and the second, which concerned discrimination in a job advertisement, was settled by the removal of the offending words.

5. Noting that the Government representative referred to the role of workers' organizations in enforcing observance of anti-discrimination laws, the Committee asks the Government to send detailed information in its next report on the measures that have been taken to strengthen the supervisory machinery, with examples if possible of the action taken by the unions, including the Unique Workers' Central (CUT), to protect the rights of workers, so that they are not subjected to discrimination in their employment on grounds of their colour, race or national extraction.

6. Please indicate also the measures taken to pursue a policy of protection against discrimination based on colour, referred to in the Government's report as "one of the principal demands that have been discussed with the Black movements in the country".

7. General policy on equality in employment. The Committee notes the information on the national policy to promote equality of opportunity and treatment in employment, and takes particular note of the statement made by the Government representative regarding the problems of monitoring and investigating infringements of the law in practice. Consequently, the Committee asks the Government to provide information on the work of the National Labour Council (CNTb) and its results in this area (breaches of contract, agreements reached, appeals to courts).

8. Lastly, the Committee regrets that such serious problems exist in practice despite the legislation in force against discrimination in employment. It recalls that the Government representative mentioned that in May 1994 the Ministry of Labour agreed to the ILO's offer of a technical assistance mission. The Committee asks the Government to provide information on the results of this technical cooperation, which it recalls was proposed by the Conference Committee in 1994.