Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

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

1. The Committee notes the information supplied by the Government at the Conference Committee in June 1994 in reply to its previous comments, and the discussion that followed. The Committee notes in particular the Government's statement that Legislative Decree No. 147 of 21 April 1994 provides for the reorganization of the bodies of the central administration of the State in order to adapt them to the amendments to the national Constitution, present social conditions and the changes under way in international trade and relations. The Committee asks the Government to indicate to what extent these reforms are affecting the application of the Convention.

2. Further to its previous comments on the students' accumulated school records, the Committee notes with satisfaction that all entries other than those concerning academic matters have been removed from the new model students' accumulated school record, of which the Government provided a copy.

3. Conditions of employment. The Committee recalls that the Latin American Central Organization of Workers (CLAT) alleged in 1992 that 14 university teachers had been dismissed for having expressed their political opinions, in accordance with their constitutional rights, in an eight-point "declaration of principles" which they signed and sent to their immediate superiors. The Government replied that inquiries into the matter showed that the teachers in question no longer had the essential qualities required for teaching and that Legislative Decree No. 34 of 1980, which provides that the dismissal of teachers in higher education may be decided upon by the rectors of universities and is subject to appeal, was applied. Nine of the teachers dismissed had appealed to the Minister of Higher Education but their appeals were dismissed.

The Committee again urges the Government to explain what it means by "essential qualities required for teaching". While noting that the Government again states that the teachers concerned were offered jobs but refused them, the Committee asks the Government to indicate what means of redress, other than the above-mentioned procedure of appeal to the Minister of Education, are available to these workers as protection against any discriminatory practices based on any of the grounds in the Convention, particularly political opinion.

4. The Committee notes that, according to the Government, the whole inspection system of the Ministry of Education is in the process of being changed. The Government also indicates that Legislative Decree No. 34 of 1980 (based on the principle that "persons who are in contact with young people in the education process serve as an example in forming young persons as communists" allows the dismissal of members of the staff of higher education and other educational institutions who come into direct contact with students for, amongst other things, "activities that are contrary to socialist morals and the ideological principles of society") will be revised and amended to bring it into line with Legislative Decree No. 147 mentioned above. The Committee asks the Government to keep it informed in this respect and hopes that its comments will be taken into account when the text is revised. It asks the Government to provide a copy of the amendments as soon as they have been adopted.

With regard to Resolution No. 2 of 20 December 1989 respecting the reinstatement of the educational workers to whom Legislative Decree No. 34/80 applied (dismissed for one of the activities listed in Legislative Decree No. 34/80, see paragraph above), the Committee observed that these workers may only be reinstated after completing five years' disciplinary work, during which they are excluded from the education sector. The Committee notes that, according to the Government, this period may be reduced to a period of less than five years with a view to reinstatement.

The Committee is bound to recall that this legislation is drafted in very broad terms and could therefore give rise to practices which discriminate against any worker coming into contact with young people in the education process, enforceable by penalties which exclude them from their employment for a long period. It considers that these provisions are not consistent with the principles of the Convention and points out that they would only be in line with the Convention if they dealt with qualification requirements for certain jobs involving special responsibilities. In paragraph 126 of its 1988 General Survey on Equality in Employment and Occupation, the Committee stressed that "certain criteria may be brought to bear as inherent requirements of a particular job, but they may not be applied to all jobs in a given occupation or sector of activity, and especially in the public service" without coming into conflict with the principle of equality of opportunity and treatment in occupation and employment. The Committee asks the Government to take the necessary steps to have these legislative provisions repealed in the near future, as required by Article 3(c) of the Convention. It trusts that the next report will contain information on progress made in this respect.

5. The Committee notes with interest the repeal of Resolution No. 50 of 1987 regulating the evaluation of the work and pay of journalists by Resolution No. 17 of 16 November 1993 which has the same objectives and, in particular, the amendment to section 3(b) on which the Committee had commented. It would be grateful if the Government would provide information and examples, in its next report, on the practical application of section 3 which lists the indicators used in evaluating the results of the work of journalists (with implications for their wages and their maintenance in the job), particularly "the scope and repercussions among the public of their activities" (subsection (c)).

6. The Committee recalls that the Government announced in an earlier report that Resolution No. 51 of 12 December 1988 regulating the application of the employment policy was to be revised and that a draft was being discussed on a tripartite basis. Since the draft regulations on employment policy define, amongst other things, the content of professional records (the Committee has noted the sample provided by the Government), the Committee again asks the Government to provide information in its next report on the status of the draft and to provide a copy of the text as soon as it has been adopted.

7. Access to training. With regard to the system of admission to post-secondary or higher education, the Committee notes that Resolution No. 1 of 1993 has been replaced by Resolution No. 1 of 11 March 1994 for the university year 1993-94. It also notes the information on the role played by the students' collective in the education process. The Committee asks the Government to explain the nature of the "consultations" provided for in section 21 of Resolution No. 1/94 between the university authorities and, in particular, the Communist Party of Cuba and the concerned trade unions. Please indicate whether, in the context of these consultations, criteria other than qualification criteria are used to evaluate and, if the case arises, to exclude a candidate (the Committee had noted in its 1992 observation that a "spirit of collectivism" was required for directorial posts in education).

8. Access to employment. With regard to the "personal verification form" containing information on the worker's moral attitude and social conduct, the Committee notes the Government's statement that the general inquiry into the internal rules of certain enterprises has been completed and future rules will not contain anything that might be considered as contrary to the Convention, which will remove any ambiguity. The Committee asks the Government to send copies of the new rules, to state the nature of the measures taken in this respect by the labour inspectorate and to continue to keep it informed on the matter.

9. With regard to posts in the administration of the State, the Committee notes that the Government repeats its previous statements: the posts which are controlled by the Communist Party of Cuba are those falling within the institutional structure established by Legislative Decree No. 67 of 1983 respecting the organization of the central administration of the State, and that the only posts involved are certain political and high-level offices (ministers, deputy ministers, presidents, vice-presidents and certain executive posts which each institution determines according to its specific requirements). The Committee recalls that requirements of a political nature must be restricted to certain high-level posts directly related to government policy in order to be consistent with the Convention. The Committee asks the Government to continue to keep it informed of any developments in this respect.

[The Government is asked to supply full particulars to the Conference at its 82nd Session.]