Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

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

With reference to its previous comments, the Committee takes note of the information supplied by the Government at the Conference Committee in June 1992 and in its last report.

1. Regarding the comments of the International Confederation of Free Trade Unions (ICFTU) alleging discrimination based on political opinion in access to education and training and to employment, the Committee notes with interest the following information:

- The Ministries of Education and Higher Training have undertaken studies with a view to removing from the student's school record elements which do not involve academic matters and a copy of the new model school record will be transmitted once it has been discussed with the parties involved.

- A draft "regulation on the implementation of the employment policy", to replace resolution No. 51 of 1988 is being discussed on a tripartite basis. The draft defines the content of the cumulative labour record and will indicate clearly that it may no longer contain information on merits or demerits.

- The "personal verification form" containing information on a worker's social conduct was used in a particular institute, which has subsequently modified its rules in this connection. The Government is conducting a general inquiry on the internal rules that have been established by some enterprises with a view to eliminating from files all information relative to moral attitudes or social conduct of workers, which are extraneous to the employment relationship.

The Committee also notes the Government's statement that the state inspection had conducted an inquiry on some of the cases mentioned by the ICFTU. In a large number of cases there was no discrimination involved and the workers' complaints were resolved through the appropriate procedures in accordance with the law. In other cases, it was not possible to identify the specific circumstances.

The Committee requests the Government to communicate, in its next report, copies of the new model school record and of the new regulations on the implementation of the employment policy to replace resolution No. 51 of 1988. It also hopes that the next report will indicate the measures taken in accordance with the Convention as a result of the inquiry on the internal rules of enterprises.

2. Regarding the comments made by the Latin American Central Organization of Workers (CLAT) in a letter dated 19 February 1992, the Committee notes the Government's statement that it had already sent a reply to the ILO on 3 February 1992. As this reply does not appear to have reached the ILO, the Committee hopes that the Government will send its reply on these comments, which concerned the dismissal of 14 university professors for having expressed their opinions, in time for examination by the Committee at its next session.

Access to training

3. With reference to the analysis by the students' collective of the student's personality and social behaviour as a criterion for the approval of applicants for admission to post-secondary or higher studies (Ministry of Education resolutions No. 1/89 of 18 March 1989 and No. 260/88 of 16 May 1988) and to the approval of the administration and trade union section as to the "moral" requirements to be met by the applicant for admission to "directed courses" (Ministry of Higher Education resolution No. 250/81 of 31 July 1981 amended in 1985), the Committee notes that, according to the Government, the introduction of the new model school records will remove all information foreign to the educational process from such records. The Committee would appreciate receiving information on the procedures used for admission to post-secondary or higher studies and to "directed courses" and on the role played in this regard by the students' collective and the trade union once the new model student records are in place. Please indicate whether the above-mentioned resolutions will remain in force.

Access to employment

4. The Committee notes the Government's statement in reply to the Committee's previous direct request that the assignment of graduates and the criteria to be used for this purpose are regulated by resolution No. 51/88, which is currently being revised and that resolution No. 702 of 1981 of the Ministry of Education, although not repealed expressly by resolution No. 51/88, remains inoperative as it predates this resolution. The Committee hopes that the amendments to resolution No. 51/88 will repeal expressly resolution No. 702/81 (which included political and ideological criteria for the assignment of graduates).

5. The Committee takes note of the Government's statement that the posts covered by Legislative Decree No. 82 of 1984 on the Work System of the State Managers and its implementing Decree No. 125 of 1984 are not those which must be controlled by the Communist Party of Cuba, in accordance with the resolution of the First Congress of the Communist Party of Cuba of 1975, and that both texts do not contain requirements of a political nature. The Committee requests the Government to provide, in its next report, the list of the posts in the administration of the State which are controlled by the Party, in pursuance of the above resolution, and the requirements applicable to those posts.

6. Regarding the educational sector, the Committee notes that the Government is pursuing its analysis of resolution No. 590/86 regulating the system of inspection in education and Legislative Decree No. 34/1980, with the aim of adapting them to current circumstances and requirements which affect the activities they regulate and that the Committee's comments will be taken into account when elaborating the new standards in this field. The Committee trusts that the new standards being elaborated will remove from the legislation any provision which could give rise to discrimination on the basis of political opinion, in conformity with Article 3(c) of the Convention, and that the next report will indicate the progress made in this regard and contain the text of any new standards adopted.

7. Recalling that it has still not received a copy of the joint resolution No. 2 of 20 December 1989 of the Ministries of Education and Higher Education, the Committee again asks the Government to communicate the text in question.

Evaluation of workers

8. The Committee notes with interest from the Government's report that resolution No. 590/80 of 11 December 1980 (which listed certain "labour merits" based on political factors to be included in a workers' labour record) has been repealed. It would be grateful if the Government would provide a copy of the final version of the repealing resolution.

9. In previous direct requests, the Committee had noted that section 3 of resolution No. 50 of 21 September 1987 respecting the parameters for evaluating the performance of workers in journalism includes the political and ideological scope of the work performed. The Committee noted that the outcome of the evaluation affects the wage level of the workers in question since an evaluation that is not "positive" has the effect of lowering the worker's wages to the level below the current one (section 27). Section 28 provides that as a result of a non-positive biennial evaluation the employment relationship of the person concerned may be terminated. The Committee notes the Government's reply that journalists' performances are evaluated solely on the basis of their qualifications and the results of their work. Given, however, that the text of this resolution makes reference to ideological and political elements which may affect both access to, and security of, employment and conditions of employment, the Committee asks the Government to provide information, in its next report, on the measures taken or envisaged to remove these elements from the criteria for evaluation of journalists, set forth in resolution No. 50, so as to bring it into line with the stated practice of judging performance on the sole bases of qualifications and results.

[The Government is asked to report in detail for the period ending 30 June 1993.]