Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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

Article 2. National policy. With regard to the measures adopted in the context of the National Decent Work Agenda to promote the effective application of the Convention, the Committee notes the various seminars and training programmes on gender equality and racial discrimination designed to promote understanding and awareness of these subjects among all parties concerned. These initiatives were conducted as part of the “Brazil: gender and race” programme and also of the territorial/sectoral qualification plans (PLANTEQs) within the National Plan of the same name. These plans aim to promote vocational training, in particular for vulnerable groups, namely women, persons of African descent and indigenous peoples. According to the data supplied by the Government in its report, in 2005 some 60,850 women (58.01 per cent of participants) and 74,116 indigenous persons (57.89 per cent) participated in the courses carried out in the context of the qualification plans. The Committee also notes that the Equal Opportunity and Anti-Discrimination Groups established at the level of regional labour delegations according to the abovementioned programme, can, in the case of complaints from victims of discrimination, launch negotiations with the interested parties with a view to ending disputes through an agreement. The Committee requests the Government to continue supplying information on the measures taken in the context of the National Decent Work Agenda and, in particular, on the implementation of the “Brazil: gender and race” programme and the sectoral qualification plans and their results, including statistics disaggregated by sex on the participation of persons of African descent and indigenous persons in these initiatives. The Committee would also be grateful if the Government would supply information on the types of complaints received by the Equal Opportunity and Anti-Discrimination Groups and on any agreements reached.

Promotion of gender equality in employment and occupation. With regard to the implementation of the “National plan for policies for women”, the Committee notes the development of a system of support measures including: actions intended to promote collaboration between the equal opportunity and anti-discrimination groups and organizations for the protection of women’s rights; training for officials of the regional labour delegations and the members of workers’ organizations on subjects such as sexual harassment and discrimination in employment; and dissemination, especially through seminars, of the principles of Conventions Nos 100 and 111. The Committee also notes the convocation of a National Conference on Policies for Women, which was due to take place in August 2007 with the aim of analyzing the social, economic, political and cultural situation of the country and the ensuing challenges for the achievement of gender equality in connection with the implementation of the “National plan for policies for women”. The Committee also notes the adoption of Decree No. 6122/2007 of 12 June 2007, which recognizes the entitlement of unemployed women to maternity leave and social security benefits when they are dismissed for good reason or have voluntarily terminated their employment before or during pregnancy. The Committee requests the Government to indicate the specific measures adopted or contemplated for implementing the actions comprising the “National plan for policies for women” and the impact, including information on any obstacles to the implementation of this plan which have been identified at the National Conference on Policies for Women and the measures planned in this respect. Please also supply information on the practical application of Decree No. 6122/2007.

Sexual harassment. With respect to its previous request regarding action taken against sexual harassment, the Committee notes the Government’s statement that no provision has been made for a specific programme against sexual harassment. However, the Committee notes that the plan of action of the Tripartite Committee on Equal Opportunities and Treatment includes action for the prevention and elimination of sexual harassment. The Committee also notes that, in the context of the system of support measures for the “National plan for policies for women”, there are plans to provide training for the regional labour delegations on the subject of sexual harassment. The Committee recalls, as it emphasized in its previous comments, that a report of the Ministry of Agrarian Development and the National Institute of Settlement and Agrarian Reform states that 52 per cent of working women have suffered some kind of sexual harassment. The Committee therefore urges the Government to takes steps to fully protect working women against sexual harassment at work. The Committee requests the Government to supply information on the activities undertaken to implement the plan of action of the Tripartite Committee and under the system of support measures for the “National plan for policies for women” and their impact on the prevention and elimination of sexual harassment. The Committee also requests the Government to indicate any relevant measures taken by the equal opportunity and anti-discrimination groups and repeats its request for information on the application in practice of section 216-A of the Penal Code.

Promotion of equality in employment and occupation based on race and colour. With regard to the implementation of the “National policy for the promotion of racial equality”, the Committee notes that a “National plan for policies to promote racial equality” is being formulated which, according to the Government’s report, will focus particularly on promotion of the principle of equality for persons of African descent as regards access to the labour market, remuneration and access to managerial posts, and also support for entrepreneurial initiatives taken by them. The Committee also notes the establishment in February 2007 of the “National policy for sustainable development for the poor and for traditional communities”, one of the aims of which is the eradication of all forms of discrimination suffered by these groups, and also the “Ethnic development and solidarity project for Quilombola communities” designed to promote access to employment for the members of these communities. The Committee requests the Government to keep it informed with regard to progress made on the “National plan for policies to promote racial equality” and to send a copy of it once it has been adopted. The Committee also requests the Government to provide information on the implementation of the “National policy for sustainable development for the poor and for traditional communities” and its impact on the promotion of equality of opportunity or treatment in employment or occupation for the members of these categories. Please also supply information on the implementation of the “Ethnic development and solidarity project for Quilombola communities” and its impact.

Cooperation between the ILO and the Government of Brazil. The Committee notes the Government’s indication in its report that the “Programme of institutional reinforcement for gender and racial equality, eradication of poverty and generation of employment (GRPE)” ended in June 2006 with an international seminar on the theme of “Gender, race, poverty and employment: experiences and challenges”. The Committee requests the Government to supply information on the conclusions of the abovementioned seminar regarding prospects for furture action and follow-up.

Article 3(a). Cooperation with employees’ and workers’ organizations. With regard to the Tripartite Committee on Equality of Opportunity and Treatment, the mandate of which is to establish public policies for the elimination of all forms of discrimination on the basis of race or gender in employment or occupation, the Committee notes the adoption of a Plan of Action in 2006, which has the following elements: (1) to promote the implementation of the relevant legislation in force and, if need be, amendments thereto; (2) to conduct a study relating to the Workers with Family Responsibilities Convention, 1981 (No. 156); (3) to undertake positive action designed to promote education and vocational training for women and persons of African descent and prevent sexual harassment; (4) to conduct education campaigns to enhance the status of women and person of African descent in the labour market; (5) to promote good practice in the promotion of racial and gender equality; and (6) to conduct an annual evaluation of all the initiatives undertaken by the Tripartite Committee. The Committee also notes the indication in the Government’s report that the Tripartite Committee is promoting the inclusion of clauses explicitly establishing the principle of equality of opportunity and treatment in collective agreements concluded between workers’ and employers’ organization. The Committee requests the Government to supply detailed information on the implementation of the 2006 Plan of Action and its impact on the promotion of equality of opportunity or treatment in employment or occupation. The Committee also requests the Government to provide examples of collective agreements in which clauses relevant to the principles of the Convention have been included.

Parts III and IV of the report form. Court decisions. The Committee notes the decisions handed down by the High Labour Court and the Regional Labour Courts and requests the Government to continue supplying information on any other court decision handed down in future in relation to the principle of equality of opportunity and treatment in employment and occupation.