Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Legislative developments. The Committee notes the adoption of Act No. 12288 issuing the Charter for Racial Equality, which is intended to guarantee for the black population equality of opportunity, the defence of their rights and action to combat discrimination. The Committee notes that the Act envisages the adoption of vocational training, employment and school attendance policies and programmes, the granting of incentives for the adoption of equality measures in the private sector, access to credit for small-scale production and awareness-raising campaigns against the marginalization of black women. The Committee also notes that the Secretariat for Women’s Policies has established a Working Group on Equality in the World of Work with a view to examining the Bill on equality and the elimination of discrimination. The Committee requests the Government to provide information on the implementation and impact in practice of Act No. 12288 issuing the Charter for Racial Equality, as well as information on the progress in the adoption of the Bill on equality and the elimination of discrimination.

Article 2 of the Convention. Equality of opportunity and treatment irrespective of race and colour. The Committee notes the statistical information disaggregated by race, colour (whites, blacks and mixed race) and sex provided by the Government. The data show that in 2010 the employment rate of mixed-race workers increased by 11.23 per cent, that of whites by 5.5 per cent and that of blacks by 7.89 per cent. The employment rate of indigenous workers rose by 5.1 per cent. The Committee further notes that the participation rate of black workers in the labour market remained at 5.5 per cent while that of mixed-race workers rose to 28.98 per cent in 2010. The data provided by the Government also show an increase in the educational level of black and mixed-race workers, although a disparity in productivity persists in relation to white workers which is due, according to the Government, to differences in educational levels. The Government adds that the participation rate of women in the labour market is 20 per cent lower than that of men, with that of white women being higher than that of women of African origin (59.4 and 55.7 per cent, respectively). The unemployment rate also shows the existence of differences on grounds of sex and race. While the unemployment rate of black women was 12 per cent, that of white women was 9.5 per cent, the rate for black men was 6.8 per cent and for white men it was 5.5 per cent. In relation to wages, the Government indicates that white workers receive a wage that is 46.40 per cent higher than that of black workers and 41.78 per cent higher than that of mixed-race workers, but emphasizes that the wage gap has been reduced since 2009. The Government emphasizes the need to provide greater training to people of African origin with a view to reducing the wage gap and enabling them to gain access to better quality jobs. The Government adds that the PlanSeQ for people of African origin has this objective and provides information on the numerous training activities undertaken in the context of the Plan. The Government also provides extensive information on the measures and activities taken in the context of the ethnic development solidarity project for Quilombola communities. While noting the statistics and the information supplied by the Government, which portray the persistent difficulty of black, mixed-race and indigenous workers in gaining access to employment and education, the Committee notes that the information provided does not enable it to fully assess the results and progress achieved over time as a result of the measures adopted. The Committee requests the Government to continue providing statistical data disaggregated by sex, race and colour as a basis for determining the distribution of workers in the various occupations, jobs and economic sectors. It also asks the Government to make further efforts to guarantee full equality of treatment and opportunities for all workers, irrespective of their gender, race, colour or ethnicity. In particular, the Committee requests the Government to continue supplying information on the measures adopted in practice in the context of these programmes and their impact on the eradication of discrimination. The Committee especially asks the Government to provide information on the impact of the National Plan for Racial Equality for communities of African origin, indigenous and gypsy communities and the solidarity project for the ethnic development of Quilombola communities.

Discrimination on the ground of political opinion. Observing that the Government has not provided specific information on this subject, the Committee requests it to indicate the measures adopted with a view to ensuring that workers do not suffer discrimination on the basis of political opinion, including information on any complaints brought for this reason and their outcome.

The Committee is raising other points in a request addressed directly to the Government.