Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

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

The Committee notes the Government's report and the attached statistics. It also notes the information supplied by a Government representative to the Conference in 1993 and the ensuing discussion.

It recalls that its previous comments related particularly to the following points:

- situations of discrimination in employment and in the distribution of income between men and women and between whites, blacks and mulattos;

- the requirement by many employers of certificates attesting to the sterilization of women who seek employment or wish to keep their jobs; and

- the absence of a national policy to promote equality of opportunity and treatment in employment.

The Committee notes that the Government recognizes the existence of serious situations of discrimination in the country and that it intends to take various measures to remedy the situation. It notes that, according to the Government, the problems referred to affect in particular the private sector and that gaps in the legislation favour discriminatory practices. The Committee notes that the Government is prepared to adopt an active policy to combat discrimination and to improve the law. It also notes that the Ministry of Labour's current action plan includes modernizing industrial relations, and in so doing eliminating all forms of discrimination in employment which still persist in the country.

1. With regard to discrimination on the basis of race and racial inequalities on the labour market and in employment, the Committee notes that, with reference to the information provided in 1992 by the Trade Union of Bank Employees of Florianopolis and Regiao and by the Unique Workers' Central (CUT), based on the statistics of the Centre for Research on Labour Relations and Inequalities (CEERT), a national commission to combat racial discrimination has been established by the CUT to eliminate discrimination, particularly at the workplace. The Committee regrets that the Government's report does not contain specific comments on the communications from these trade union organizations, but confines itself to referring once again to the constitutional and legal provisions which prohibit and punish racism and discrimination. However, it notes that the Government considers that, in order to improve the situation referred to in these communications, it is indispensable for the citizens to participate by denouncing violations of their rights in respect of equality in employment.

In this respect, the Committee draws the Government's attention to Article 3(b) of the Convention, under which each State which ratifies the Convention has an obligation to promote educational measures to secure the acceptance and observance of the national policy of equality set out in Article 2. The information and education of the public can be undertaken by specific programmes, such as those referred to in paragraphs 231 to 236 of the 1988 General Survey on Equality in Employment and Occupation, to which the Government is requested to refer. The Committee notes with interest that the CUT intends to request ILO assistance for the organization of national seminars, workshops and meetings designed to spread awareness of the principles set out in the Convention. It hopes that such activities will be carried out and that the Government will take the necessary specific measures to encourage the information and education of the public in the field of discrimination.

2. With regard to the application of the Convention in respect of women and, in particular, the massive sterilization of Brazilian women resulting from the requirements of employers, the Committee notes that the Government recognizes the existence of a problem but that to its knowledge no complaint has been made. It also notes that during the discussion in the Conference, it was pointed out that, despite the progress made at the legislative level to protect women against discrimination, employers in Brazil continue to require certificates attesting to the sterilization of women and marriage certificates before recruiting them, and that requirements based on sex still exist for certain functions.

In its previous observation, the Committee noted Bill No. 229/91 which would prohibit employers from requiring a candidate to employment to present a medical certificate attesting to the fact that she is not pregnant or has been sterilized, an amendment to which (arising out of Bill No. 677/91 which would prohibit the gynaecological examination of female officials at the request of their employer or a person acting on the employer's behalf) prohibits employers from encouraging the practice of sterilization or other methods of birth control, which are the responsibility of the services provided by the State. The Committee notes that this Bill, concerning which the Reporter of the Commission for Labour, the Administration and the Public Service had issued a favourable opinion on 11 February 1992, is still under examination by this Commission of the Chamber of Deputies. Other draft legislation intended to impose severe sanctions on employers who follow this type of practice, to eliminate other discriminatory practices in respect of women and to encourage the employment of women (in particular, Bills Nos. 3032/92 and 127/92), are either under examination or are being formulated.

The Committee urges that the legal provisions referred to by the Government, which are indispensable to provide women with effective protection against any discrimination in employment or in access to employment, particularly with regard to their capacity to procreate, will be adopted without any delay. It requests the Government to inform it in its next report of developments in this respect and to forward copies of the legislative texts as soon as they are adopted.

3. The Committee notes from the statistics supplied with the report that substantial differences exist between the wages of men and women. The Committee notes that these inequalities are closely related to the general situation referred to in its comments. It would be grateful if the Government would indicate, in the context of Convention No. 100, which has also been ratified by Brazil, the measures which it intends to take in this field in order to promote the employment of women at all levels and remedy differences in the wages of men and women workers, which are often caused by the concentration of women workers in the lowest paid sectors and jobs.

4. With regard to the application of the laws and regulations which are in force, the Committee notes the statement made by the Government concerning the difficulties involved in supervising and inquiring into violations of the law. It refers, by way of illustration, to a survey of discriminatory practices in the recruitment of women in enterprises in Sao Paulo, launched by the Ministry of Labour of that State at the initiative of a woman member of Parliament, which could not be undertaken due to a lack of any specific complaints. The Committee notes that, according to the Government, in most cases of discrimination the victims refuse to be identified out of fear of reprisals and also because they entertain doubts as to the effectiveness and impartiality of the public authorities. The Committee also notes the explanations provided by the Government concerning the gravity of the economic and social situation of the country.

The Committee notes with interest that, in part with a view to resolving this situation, the National Labour Council (CNTb) has been established and held its first meeting on 27 May 1993. It is a tripartite body responsible for matters relating to employment in the country and one of its tasks is to combat vigorously all forms of discrimination, on the grounds that the enjoyment of their rights by citizens is one of the priority objectives of the Ministry of Labour.

The Committee requests the Government to supply information with its next report on the activities of the CNTb and on the results in practice of its activities to eliminate any form of discrimination in employment in both law and practice. It hopes that the initiatives which have been taken by the Government to remedy inequalities based on sex and race will be followed by the adoption of a national policy to promote equality of opportunity and treatment and by an information campaign for the persons exposed to discriminatory practices and for employers who infringe the law (see point 1 above). The Committee draws the Government's attention to the General Survey referred to above and in particular to paragraphs 157 to 169. It trusts that in its next report the Government will supply information on the adoption of a national policy to promote equality of opportunity and treatment, in accordance with Article 2 of the Convention, and on any measure taken to give effect to the Convention.