Observation (CEACR) - adoptée 1997, publiée 86ème session CIT (1998)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Brésil (Ratification: 1965)

The Committee notes with satisfaction the progress made in both practice and legislation to eliminate the discriminatory practices to which the Committee's previous comments have referred. Similarly, it notes the detailed report and attached documents supplied by the Government.

1. The Committee noted that in March 1996 the Government launched a "National Programme for Human Rights" and the Committee requested information on progress made in fulfilling the objectives of this National Programme that are relevant to the Convention. The Committee notes that in April 1997 a National Department of Human Rights in the Ministry of Justice was set up, responsible for coordinating, administering and monitoring the implementation of the Programme. In addition, the Committee welcomes the campaign "Brazil, Gender and Race -- united for equal opportunities" launched during the seminar held in July 1997 which concluded the last phase of the programme of technical cooperation promoted by the Ministry of Labour, the Ministry of Justice and the Public Prosecutor for Labour Matters, with ILO technical assistance.

2. The Committee welcomes the promulgation of Act No. 9459 of May 1997 amending certain sections of Act No. 7716 which defines crimes resulting from discrimination on grounds of race or colour, imposing more severe sanctions (from one to three years' imprisonment and a fine) and adding other grounds of discrimination such as ethnic origin, religion or national extraction. It also welcomes the establishment of the Multidisciplinary Working Group (GTM), coordinated by the International Department of the Ministry of Labour, with the purpose of sensitizing the various social partners to the problem of discrimination in employment and occupation and ensuring the constant dissemination of the Convention. It also notes that the decision in the first case brought before the labour courts on an appeal for reinstatement by an official who alleged that he was unfairly dismissed from a public enterprise on the ground of race, was upheld by the Higher Labour Tribunal, in third instance, which ordered the reinstatement of the plaintiff. The Committee requests the Government to inform it whether there have been cases based on new Act No. 9459 alleging some of the criteria for discrimination contained in the Convention, in particular, in relation to access to training, employment or terms and conditions of employment.

3. The Committee notes that training courses have been held for labour inspectors in which emphasis has been placed on problems of discrimination in the labour market. It also notes that Bills Nos. 123/92 and 147/95, 715/95 and 129/95 which, as a whole, contain provisions to strengthen the national policy against discrimination, are being studied in the Chamber of Deputies. The Committee requests the Government to inform it in its next report on the progress of these legislative initiatives.

4. With regard to the plans for application of Act No. 9029/95 (on the prohibition to require presentation of a sterilization certificate as a condition for employment), the Committee notes the Government's indication that this Act is being widely disseminated through the latest editions of legal texts, lectures and meetings about the work of the Government in preventing discrimination and at special meetings with the central trade union bodies in the country so that they can inform their members, especially women workers. The Committee would be grateful to receive information in future reports on the impact of these activities.

5. The Committee is addressing a direct request to the Government on other matters.