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

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

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.