Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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

The Committee notes the observations of the Independent Trade Union Coalition of Cuba (CSIC) received on 1 September 2014 and 1 September 2015 and the Government’s replies to them, and the observations of the Workers Central Union of Cuba (CTC), received on 4 September 2014, which refer to matters that are being examined, and the Government’s replies.

Article 1 of the Convention. Protection against discrimination. Legislation. The Committee notes the adoption of the new Labour Code (Act No. 116 of 20 December 2013), section 2(b) of which provides that all citizens able to work have the right to obtain a job without discrimination based on colour, gender, religious belief, sexual orientation, territorial origin, disability or any other distinction that offends against human dignity. The Committee observes in this connection that, unlike the previous Labour Code (Act No. 49 of 28 December 1984), there is no provision prohibiting discrimination on grounds of race, political opinion, national extraction and social origin, and that provision is made for protection against discrimination only in access to employment, and not with respect to the other aspects of employment. Nor is there any clear indication that both forms of discrimination, namely direct and indirect discrimination, are prohibited under the new Labour Code. The Committee recalls that when legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination set forth in Article 1(1)(a). The Committee requests the Government to adopt the necessary measures to amend the Labour Code so that it defines and expressly prohibits direct and indirect discrimination on the basis of at least all the grounds set out in Article 1(1)(a) of the Convention, including race, political opinion, national extraction and social origin, and to provide information on all developments in this regard. The Committee further requests the Government to indicate how protection against discrimination on the basis of these grounds is ensured in law and in practice with respect to all aspects of employment and not only access to employment.

Article 1(1)(a). Discrimination based on political opinion or religion. In its previous comments, the Committee requested the Government to ensure that neither workers nor university students or students in technical training centres were subjected to discrimination because of their political opinions or their religion and that no information about the political opinion or the religion of workers is recorded in the employment file so that it can be used against them. The Committee notes that the Government reiterates that the file is used only for the purpose of registration and consultation regarding employment, promotion, training and performance appraisal. The Government also refers to section 18 of the Implementing Regulations of the Labour Code (Decree No. 326 of 12 June 2014) specifying the content of employment files, in which there is no mention of political opinion or religion, and section 19, which provides that upon termination of the employment relationship the worker should receive a copy of the file, thus ensuring that workers are acquainted with the content of their files. The Committee requests the Government to take the necessary measures to ensure that in practice no information concerning political or religious opinion is sought from workers or students.

The Committee notes that in its observations, the CSIC reports that workers in mixed enterprises with state and foreign capital, particularly in the Mariel Special Development Zone (ZEDM), are particularly vulnerable to discrimination on political grounds on the part of the state employment agencies responsible for hiring them, in terms both of gaining access to and remaining in employment and of all other aspects of the employment relationship. The Committee notes that the Government denies that ZEDM workers are victims of discrimination and explains that the employment offices are not placement agencies, but have responsibility for ensuring that workers enjoy their rights, and for carrying out administrative activities pertaining to labour management in mixed enterprises. The Committee requests the Government to take the necessary measures to ensure that workers in mixed enterprises with state and foreign capital, particularly workers in the ZEDM, are not subjected to discrimination on grounds of their political opinion in terms of access to employment and working conditions.

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