Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Legislative developments. The Committee welcomes the adoption of Constitutional Amendment No. 72 of 2013, which expands the scope of protection of domestic workers’ rights under article 7 of the Constitution. Pursuant to the amendments domestic workers are protected, inter alia, against discrimination in respect to recruitment, employment and wages on the basis of sex, age, colour or marital status, as well as wage discrimination and discrimination in recruitment on the ground of disability (article 7(XXX) and (XXXI)). In this connection, the Committee notes the Government’s indication that the legislative review process was undertaken in collaboration with domestic worker’s organizations at municipal, state and federal levels. With regard to the Bill on equality and the elimination of discrimination, the Committee notes the Government’s statement that, in spite of the efforts of the Secretariat for Women’s Policies and other bodies of the federal government to speed up the legislative process, divergences regarding the content of the law continue to hinder its adoption. The Committee notes further the Government’s indication that the Bill on equal opportunities and treatment for women in employment (PLS No. 136/2011) is currently being considered by the Senate commission for social affairs. The draft law establishes mechanisms to prevent, address and punish discrimination against women, and sets out measures to promote equal opportunities for women in employment and career development. The Committee asks the Government to provide information on any progress made in the adoption of the Bill on equality and the elimination of discrimination, as well as the Bill on equal opportunities and treatment for women in employment (PLS No. 136/2011). The Committee also requests the Government to provide information on the practical impact of the Constitutional Amendment No. 72 of 2013 on the elimination of discrimination against domestic workers and promotion of equality. The Committee also reiterates its request for information on the implementation and impact of the Charter for Racial Equality, issued under Act No. 12288 of 2010.

Article 2 of the Convention. Equality of opportunity and treatment irrespective of race, colour and ethnicity. The Committee notes the statistical information, disaggregated by race, colour (white, black and mixed race) and sex provided by the Government. The figures show that in 2011 the employment rate of mixed-race workers increased by 9.3 per cent compared to 2010, while that of white workers increased by 3.38 per cent and that of black workers by 4.53 per cent. The employment rate of indigenous workers decreased by 2.54 per cent. The Committee also notes that the participation rate of black workers in the labour market decreased slightly from 5.5 per cent in 2010 to 5.2 per cent in 2011, while that of mixed-race workers increased from 28.98 per cent to 29.85 per cent in the same period. The statistical information submitted under the Equal Remuneration Convention, 1951 (No. 100), further indicates that black, indigenous and mixed-race workers continue to receive lower wages than white workers, with black, indigenous and mixed-race women being the most affected by the wage gap. While noting these statistics and the information previously provided by the Government on measures and activities undertaken in the context of plans and programmes at both national and state levels to combat discrimination on the basis of race, colour or ethnicity, the Committee once again draws the Government’s attention to the fact that such information remains insufficient for it to assess whether real progress has been achieved as a result of the measures adopted. The Committee therefore asks the Government to step up its efforts to combat discrimination on the basis of race, colour and ethnicity, and to actively promote equality in employment and occupation. In particular, the Committee asks the Government to provide information on the concrete impact of measures adopted in the context of the National Plan for Racial Equality, the Ethno Programme for the development of Quilombola communities, or otherwise, and the concrete results obtained in this regard. The Committee also asks the Government to continue to provide statistics, disaggregated by sex, race and colour, on the distribution and participation of workers in the various occupations and economic sectors, including on their remuneration rates.

The Committee is raising other points in a request addressed directly to the Government.