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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Portugal (Ratification: 1959)

1. In its previous comment the Committee noted difficulties in securing equality of opportunity and treatment in employment and occupation for blacks and the Roma population in Portugal. It thus notes with interest the adoption of Act No. 134/99 to prevent and prohibit racial discrimination in the exercise of fundamental rights or denial of the enjoyment of economic, social and cultural rights on the basis of race, colour, nationality or ethnic origin. The Committee also notes the information on the regularization and other measures recently undertaken on undocumented migrants and the Programme of Action for 2001 of the Inspectorate General of Labour (IGT) to promote equal opportunity and non-discrimination on grounds of race, colour, nationality and ethnic origin. The Committee asks the Government to assess and evaluate the measures taken and to provide information on their effectiveness in eliminating discrimination and promoting equal opportunity and treatment in training, skill development and employment for minority groups. It also requests the Government to supply information on the activities of the Higher Commissioner for Immigration and Ethnic Minorities and the Working group for equality and integration of the Roma.

2. Further to its observation, the Committee notes the activities and supervisory role performed by the Commission for Equality in Employment and Occupation (CITE), which focused mainly on discrimination on the basis of gender. It asks the Government to indicate how the CITE is promoting equality of opportunity and treatment on all the other grounds set forth in Article 1(1)(a) of the Convention.

3. The Committee notes the campaign promoted by the IGT and the conclusions of the final Meeting on "Equality of opportunity between women and men in access to employment - vacancy notices", with the purpose to avoid discriminatory job offers through awareness raising among those who produce and display public announcements or job advertisements. Data showed that despite slight improvements, 50 per cent of the announcements in the press are discriminatory and perpetuate job segregation since the drafting of the vacancies may inhibit a substantial share of the population from applying. The Committee is concerned by the existence of job advertisements that discriminate on any of the criteria listed in the Convention and hopes that the Government will take measures to ensure that such practices are brought into line with the requirements of the Convention.

4. The Committee notes the technical trainings for labour inspectors in equality of opportunity and the new Act No. 9/2001 that extend the powers of the IGT. The Committee asks the Government to continue to provide information regarding the number and type of inspection conducted, the number of violations detected, and the action taken on all the grounds contained in the Convention.