Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

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

1. The Committee notes the information provided by the Government with regard to the application in practice of sections 7 and 29 of Ministerial Resolution No. 150/98 of 13 July 1998 approving the branch Regulations on the educational activities of employees of the Ministry of Education. The Committee requests the Government to provide information on: (a) the commissions envisaged in section 29 of the resolution which are established to hear complaints by workers in education who disagree with the imposition of disciplinary measures for their removal from the sector or activity; (b) whether workers have the possibility of appealing against their provisional suspension from their post or occupation and of their wage for 30 days to any other body or commission; and (c) actual cases in which such disciplinary measures have been adopted for violations of the utmost gravity, as specified in sections (b) and (g) of the Regulation.

2. The Committee reminds the Government that, in protecting workers against discrimination with regard to employment and occupation on the basis of political opinion, the Convention implies that this protection shall be afforded to them in respect of activities expressing or demonstrating opposition to the established political principles, since the protection of opinions which are neither able to be expressed nor demonstrated would be pointless. Furthermore, the protection of freedom of expression is aimed not merely at the individual’s intellectual satisfaction at being able to speak her or his mind, but rather - and especially as regards the expression of political opinions - at giving such persons an opportunity to seek to influence decisions in the political, economic and social life of society (see the General Survey on equality in employment and occupation of 1988, paragraphs 57-63). The Committee reiterates its request for the Government to provide information on the employment status and conditions of self-employed journalists who express political opinions contrary to the Government.