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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Brazil (Ratification: 1965)

1. The Committee notes the Government's report and annexed documentation. It notes with interest the numerous measures taken in legislation and practice to implement the principles of the Convention. Taking into account the positive nature of the Government's efforts in this regard, the Committee also notes that sufficient time has elapsed since the initiation of the Government's National Human Rights Programme and related measures to warrant an initial assessment of the progress achieved in eliminating employment-related discrimination in the country. The Committee points out, however, that the report provides no concrete information on the employment situation in the country which would enable the Committee to evaluate the results obtained in promoting the application of the Convention.

2. Discrimination on the grounds of race, colour and ethnic origin. In light of the general nature of the information supplied in the report, the Committee takes note of information relevant to the Convention presented by the Government to various United Nations committees (CERD/C/263/Add. 10; CERD/C/SR.1157-1159; CCPR/C/81/Add.6; and CCPR/C/SR.1506-1508). It notes the concluding observation of the Committee on the Elimination of Racial Discrimination that the indigenous, black and mestizo communities in Brazil continue to suffer from deep structural inequalities, despite the many positive measures taken by the Government, which include the adoption of the 1988 Constitution and the establishment of a human rights commission, an interministerial working group for the promotion of the black population, a ministry of agrarian reform and the promulgation of the National Human Rights Programme.

3. Discrimination on the ground of sex. With respect to the situation of women in Brazil, the Committee notes the United Nations Human Rights Committee's concluding observations that, despite some improvements in their situation, women continue to face de jure and de facto discrimination, including discrimination in access to the labour market (CCPR/C/Add.66, paragraph 318, September 1996).

4. Further to its previous comments, the Committee welcomes the adoption of Bill No. 382-B, promulgated as Act No. 9799 on 26 May 1999, which amends the 1943 Consolidated Labour Act to include provisions prohibiting discrimination on the basis of sex, age, colour and familial status, including pregnancy, in respect of access to employment, vocational training and terms and conditions of employment. It notes with interest that Act No. 9799 prohibits, inter alia, the publication of discriminatory employment advertisements, as well as the termination of or refusal to hire, promote or train an individual on the grounds of sex, age, race or familial status. The Committee also notes that section 373(A) of Act No. 9799 contemplates the adoption of temporary measures to establish policies on equality of opportunity and treatment for men and women workers, particularly policies designed to correct inequalities that affect women's access to employment and vocational training as well as women's general terms and conditions of employment. The Committee would appreciate receiving information in the Government's next report on any measures adopted in this regard, as well as specific information regarding the application in practice of Act No. 9799 and its impact on the position of women and racial and ethnic minorities in the Brazilian labour market.

5. The Committee notes with interest the Government's undertaking to disseminate information to the public as widely as possible concerning the rights established by the domestic anti-discrimination legislation, including Act No. 9459/97 (on discriminatory practices that constitute criminal offences), Act No. 9029 (which prohibits employers from requiring the presentation of a sterilization certificate as a condition precedent for employment) and Act No. 9799/99 (prohibiting, inter alia, discrimination in access to employment and training). The Committee notes from the report that the Government is not aware of any new cases brought under Act No. 9459/97. The Committee requests the Government to supply information in its next report on the reasons why no complaints or cases are being brought under Act No. 9459/97 or other anti-discrimination legislation. It asks the Government to keep it informed of any new complaints or cases brought concerning employment discrimination.

6. In addition to the legislative measures adopted to promote Brazil's equal opportunity policy, the Committee notes with interest the information supplied by the Government on the activities undertaken in connection with its "National Programme for Human Rights" launched in May 1996. The Government indicates that, since the programme was initiated, the Secretary on Human Rights of the Department of Justice has promoted measures to ensure the defence and promotion of human rights and collaborated with initiatives to promote equality of opportunities. The Committee would appreciate receiving information on the impact of the activities of the Secretary in this regard.

7. The Committee welcomes the information supplied by the Government on its campaign "Brazil, Gender and Race - United for Equal Opportunities", launched in July 1997 within the framework of the National Programme for Human Rights, particularly information on those activities designed to raise public awareness of discriminatory employment practices and of the provisions of the Convention. The Committee would be grateful if the Government would continue to provide information on awareness-raising activities conducted relevant to the Convention.

8. The Committee notes with interest the information presented by the Government on the establishment of Centres for the Prevention of Discrimination in Employment and Occupation which, in conjunction with the Regional Departments of Labour and Employment (DRTEs), are responsible for the application of the Government's equal opportunity policy at the state level, and carry out the activities necessary for the application of the Convention under the programme. The Committee notes from the report that these centres are composed of, inter alia, state and municipal government representatives, trade unions, enterprises, universities, associations, organizations representing minority groups, women, blacks, indigenous people and disabled persons. The report reflects that the centres promote awareness of discriminatory employment practices, and receive and examine complaints of discrimination, which are sent to the Public Ministry, or to the Attorney General's Office if mediation provided by the DRTEs is unsuccessful. The Committee would be grateful if the Government would continue to provide information on the specific activities undertaken by the centres in the different Brazilian states, including statistical information on the number and type of discrimination complaints received, the action taken and the outcome.

9. The Committee notes that, pursuant to Article 3(f) of the Convention, ratifying States undertake to indicate in their annual reports the action taken in pursuance of their national equal opportunity policy and the results secured by such action. The Committee draws the Government's attention to the report form for Convention No. 111, which calls for the Government to supply specific information, including reports, studies and statistical data, that may show the changes which have occurred as a result of measures taken in pursuance of the national policy, particularly in respect of the vocational training, employment and conditions of employment in the various branches of activity and at various occupational levels, of persons defined according to the criteria set forth in Article 1. Accordingly, the Committee requests the Government to provide precise information in its next report, including indicators and statistical data, on the impact of the Government's equal opportunity policy on the distribution of the indigenous, black and mestizo population in the various sectors of economic activity and at different occupational levels, as well as on their position in respect of access to occupational guidance, vocational training and employment. Please also provide information on the same points with respect to the situation of women in the Brazilian labour market. The Committee would be grateful if the Government would supply information on any measures taken or contemplated to provide education, occupational guidance and vocational training to enable male and female children belonging to the above minority groups, including those referred to as street children, to enter the workforce in the future.

10. The Committee is addressing a request directly to the Government on other points.