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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Portugal (Ratification: 1959)

1. Further to its observation, the Committee notes the Government's report to the Committee on the Elimination of Racial Discrimination (CERD/C/314/Add. 1), (November 1998). The Government indicates that there have been certain incidents of intolerance and discrimination against blacks and the Gypsy population in Portugal (CERD/C/314/Add. 1, paragraphs 41-51). According to the CERD report, while Portugal was traditionally a country of emigration, it has recently experienced a significant demographic shift, and has now become a country of immigration. Thus, in a measure intended to prevent xenophobia, intolerance and discrimination, in 1995 the Government established the Office of the High Commissioner for Immigration and the Ethnic Minorities (CERD/C/314/Add. 1, paragraphs 54-55 and 58), as well as the Interministerial Commission for the reception of the Timorese community. Subsequently, in 1996, the Government established a Working Group for the equality and insertion of the Gypsies. In January 1997, the Working Group submitted a report recognizing a tendency in Portuguese society towards exclusion of and indifference to Gypsies. The Government indicates that there are approximately 40,000 Portuguese citizens that may be considered to be Gypsies. The Committee notes with interest the programmes established to combat poverty, ensure guaranteed minimum income, housing and employment for the Gypsy population in Portugal, including programmes for the training of Gypsy mediators to ensure liaisons between the Gypsy community and both public and private institutions (CERD/C/314/Add. 1, paragraphs 223-234). It would be grateful if the Government would continue to provide information on the implementation of the above measures, as well as of Act No. 134/99 of 28 August 1999 referenced in the observation, and on any other measures taken or envisaged to secure equality of opportunity and treatment in employment and occupation for blacks, Gypsies and other ethnic groups in Portugal.

2. The Committee notes the annual reports of the General Labour Inspectorate for 1996 and 1997 supplied by the Government in the context of the Labour Inspection (Agriculture) Convention, 1969 (No. 129). In particular, it notes that the number of infractions involving discrimination on the basis of sex registered by the General Labour Inspectorate decreased from 97 in 1993 to 32 in 1996. The Committee notes, however, that the annual report does not contain any reference to inspections conducted in respect of any of the other grounds covered under Article 1(1)(a) of the Convention. The Committee asks the Government to provide information on the measures taken to provide technical training to inspectorate staff to enable them to secure the full application of the principle of non-discrimination enshrined in the Convention. The Committee would be grateful if the Government would continue to provide information regarding the number and type of inspections conducted relevant to the Convention, the number of violations detected and the action taken.