Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

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

1. The Committee notes the Government's report, and the attached legislative texts, as well as the communication made by the World Confederation of Labour (WCL) and the Government's reply.

2. Access to higher education. The Committee notes the detailed information supplied by the Government on the fundamental principles and the structure of the educational system in Cuba, including the clarifications provided in the Government's report, on the consultations with the Cuba Communist Party and the trade unions provided for in section 21 of Resolution No. 1 of 1994, for purposes of preparing the conditions for the higher education entrance exams. The Government indicates that the Resolution cited has been repealed and that, in its place, a joint MINED-MES (Ministry of Education and Ministry of Higher Education) Resolution, for the academic year 1998-99 was issued on 18 March 1999. The fourth section of the joint MINED-MES Resolution regulates the entrance exams for higher education and specifies those criteria to be taken into account in determining the rankings, which are the academic marks obtained in 10th and 11th grades and in the first stage of 12th grade (which represents 50 per cent of the total points) and the results obtained in the entrance exam (which represent the remaining 50 per cent).

3. With respect to the allegations submitted in 1992 by the Latin American Central of Workers (CLAT) concerning certain university professors terminated under a procedure established under Legislative Decree No. 34, the Government confirms that this Legislative Decree has been repealed. The Government informs the Committee of the promulgation of two regulations that establish the duties and prohibitions common to all workers in education: the Regulation on the Educational Activity of Employees of the Ministry of Education (Resolution No. 150/98 of 13 July 1998) and the Regulation on Labour Discipline in Higher Education (Resolution No. 36/98 of 6 April 1998). In respect of the Regulation on the Educational Activity of Employees of the Ministry of Education, the Committee notes that section 7(a) provides that the duties of the teachers concerned include "the communist education of the new generations". The Committee also notes that section 29 provides that: "The following will be considered extremely serious violations in the area of educational activity: ... (b) to publicly defame or denigrate the institutions of the Republic and the heroes and martyrs of the homeland; ... and (g) to carry out grave and public acts contrary to the morals and ideological principles of our society ...". In this respect, the Committee recalls its previous comments that, in protecting individuals from discrimination in employment and occupation on the ground of political opinion, the Convention implies the recognition of this protection in relation to those activities that express or manifest clear opposition to established political principles or, simply, a different opinion. The Committee has pointed out that a general obligation to conform to an established ideology would be deemed discriminatory (see the Special Survey on equality in employment and occupation, 1996, paragraphs 45 to 47). The Committee requests the Government to supply information in its next report on the manner in which this legislation is applied in practice, including details on cases of violations.

4. Conditions of employment of journalists. The Committee thanks the Government for having supplied a copy of Resolution No. 1/99 of the Ministry of Labour and Social Security, which establishes the criteria for evaluating work produced by journalists. The Committee notes that the element of political opinion is not listed among the criteria set forth in the resolution cited for evaluating work produced by journalists (see section 4 and Annex 2 of Regulation No. 1/99). The Committee also notes the alleged incidents of harassment against journalists for having expressed political opinions contrary to the Government, referred to in the Report of the Special Rapporteur on Human Rights in Cuba of the United Nations Commission on Human Rights (E/CN.4/1998/69, paragraphs 45 to 55, January 1998). In this regard, the Committee reiterates its comments in point 3 above, and once again requests the Government to provide information on the employment conditions of those journalists that express political opinions contrary to the Government, in particular, the journalists mentioned in the report cited.

5. The Committee notes a communication from the WCL dated 15 September 1998, alleging the Government's non-observance of Convention No. 111. The WCL's comments were transmitted to the Government on 9 October 1998. The Government replied by letters dated 11 November 1998 and 22 February 1999. In its communications, the WCL indicated that a certain individual was discriminated against on the basis of his political opinions, in violation of the Convention. Documents supplied by the WCL indicate that a group of workers, the "Committee on Basic Suitability", located in the workplace of the mentioned individual, declared him to be "unsuitable" to work in his sector due to his political activities and, as a consequence, terminated his employment relationship with the enterprise. In its communication of 22 February 1999, the Government indicated that an investigation into the case had been concluded and that it had been decided to annul the decision of the "Committee on Basic Suitability" and reinstate the worker in the position which he had occupied previously. The Government also stated that the committee in question did not have the authority to make the type of decision it made in the case mentioned, in that it exceeded the functions attributed to it by the legislation in force.

6. The Committee is also directing a request directly to the Government on certain points.