Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

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

The Committee notes the observations of the National Confederation of Industry (CNI) received on 31 August 2017, of the International Organisation of Employers received on 1 September 2015 and 31 August 2017, of the Union of Doctors in the State of Bahia (SINDIMED-Ba) received on 1 August 2014 as well as the Government’s reply on this last observation received 5 January 2015.

Articles 1–3 of the Convention. Legislative developments. Noting that in 2011 there were 6.65 million domestic workers in Brazil, 92.6 per cent of whom were women, the Committee notes with interest the adoption of the Supplementary Act No. 150 of 2015 which provides specific measures for the implementation of the 2013 Amendment of the Constitution and expands the scope of protection of domestic workers’ rights in line with the protection afforded to other workers. The Committee also welcomes the adoption by congress of the Draft Legislative Decree No. 627/2017, which approves the texts for internalization of the Domestic Workers Convention, 2011 (No. 189) and the Domestic Workers Recommendation, 2011 (No. 201). The Committee further notes Decree No. 8.136 of 5 November 2013, which regulates the National System for the Promotion of Racial Equality (SINAPIR), created by the Racial Equality Statute to oversee the implementation of services, programmes and policies in the country to effectively overcome racial inequality. The Committee also notes that the Decree foresees that entities which join the SINAPIR must provide resources to implement racial equality policies and, as reported by the Government in the framework of the UN Human Rights Council’s Universal Periodic Review, by July 2016, 43 racial equality agencies from all regions had joined the SINAPIR (A/HRC/WG.6/27/BRA/1, 27 February 2017).

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, disagreements concerning 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 economic 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 asks the Government to provide information on the practical impact of Act No. 150 of 2015 on the elimination of discrimination against domestic workers and on the promotion of equality, and on the implementation and impact of SINAPIR.

Equality of opportunity and treatment irrespective of race, colour and ethnicity. The Committee notes the observations of SINDIMED-Ba concerning an alleged dismissal on the grounds of race and colour. It also notes the Government’s reply to SINDIMED-Ba’s observations referring to the national legal framework prohibiting discrimination in employment and occupation on the abovementioned grounds and indicating the availability of judicial remedies. The Committee also takes note of the statistical information, disaggregated by race, colour and sex provided by the Government. The figures show that earnings by those who declare themselves as Black (Preto) had the highest increases in 2013 at 4.80 per cent, above those who declare themselves of mixed-race (Pardo) or White (Blanco). The statistical information submitted further indicates that Black, indigenous and mixed-race workers continue to receive lower wages than White workers, with Black 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 asks the Government to step up its efforts to combat discrimination on the basis of race, colour or 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, and the combined effects of sex and ethnicity on the distribution and participation of workers in the various occupations and economic sectors, including on their remuneration rates.

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