Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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

The Committee notes the observations of the Independent Trade Union Association of Cuba (ASIC), received on 19 September 2018 and the Government’s reply in that regard.

Article 1(3) of the Convention. Protection against discrimination relating to all aspects of employment, in particular access to education, guidance and vocational training. The Committee notes that, in reply to its previous comment, the Government indicates that protection against discrimination is provided for all aspects of employment, and that mechanisms such as labour inspection and the right to submit applications before the competent authorities for the recognition and enforcement of labour rights and social security are in place for this purpose. The Committee recalls that, under Article 1(3) of the Convention, the terms ”employment” and ”occupation” also include access to education, guidance and training. In this respect, the Committee highlights the important role of the State in this context: access to education and to a wide range of vocational training courses is of paramount importance for achieving equality in the labour market. It is a key factor in determining the actual possibilities of gaining access to a wide range of paid occupations and employment, especially those with opportunities for advancement and promotion. Vocational guidance and taking active measures to promote access to education and training, free from considerations based on stereotypes or prejudices, is essential in broadening the range of occupations from which men and women are able to choose (see General Survey on the fundamental Conventions, 2012, paragraphs 749–751). The Committee therefore requests the Government to continue to provide information on the manner in which it guarantees protection against discrimination based on the grounds prohibited by the Convention, in law and practice, relating to education, vocational guidance and training.

Article 2. National gender equality policy. In its previous comments, the Committee requested the Government to provide information on: (i) specific measures that have been taken to promote equality of opportunity and treatment for men and women in employment and occupation, including vocational training; (ii) measures that have been adopted, including information and awareness-raising measures, regarding the mechanisms available to ensure that women have effective access to judicial and administrative remedies in the event of gender discrimination in employment and occupation, and to specify the remedies; (iii) the complaints examined by the Office of the Prosecutor-General concerning discrimination in employment and occupation, specifying the grounds invoked in these cases; and (iv) to continue to provide statistical information on the participation of men and women in the labour market, in all sectors of the economy and in education and vocational training at all levels, and to indicate the measures taken to raise awareness about gender equality in employment and occupation. The Committee notes the Government’s indication that: (i) Decree Law No. 339 of 8 December 2016 on maternity leave for women workers was approved. Under the Decree, rights are granted to mothers and fathers working in the state sector to promote shared responsibility in three areas: ensuring and facilitating medical care for women workers during pregnancy, pre- and post-natal leave, breastfeeding breaks and, for both parents, childcare leave; in the event of the death of the mother, establishing protection for the working father or another working relative who is responsible for the care of the child; and providing for differentiated treatment when the child requires special care; (ii) media products were created to strengthen knowledge of the law among the population, and training on gender equality was delivered to journalists, scriptwriters, artists and media managers; (iii) in 2016, with regard to the level of education of the economically active population, 2.1 per cent of women and 6.3 per cent of men had primary level education; 13.44 per cent of women and 29.75 per cent of men had secondary level education; 49.6 percent of women and 48.78 percent of men had higher level education; and 34.9 percent of women and 15.16 percent of men had further level of education; (iv) women make up the majority in the education sector, among court judges and prosecutors, and in the best paid professions; (v) according to data from the National Statistics and Information Office, in 2016, 37.3 per cent of the economically active population were women and 62.7 were men; among the unemployed, 40 per cent were women and 60 per cent were men; (vi) women represent 53.22 per cent of deputies in Parliament elected in 2018, 48.4 per cent of members of the Council of State, of which three of its five vice-presidents are women and 35 per cent of its ministers are women. Further, women account for 78.5 per cent of health workers and 48 per cent of scientific researchers; and (vii) the Office of the Prosecutor-General reports that there were no complaints relating to cases of discrimination in employment and occupation in 2017 and 2018. In this respect, the Committee wishes to recall that it is essential to recognize that no society is free from discrimination and that it is necessary to take continuous action to address it. Therefore, where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The lack of complaints or cases could also indicate that the system of recording violations is insufficiently developed (see General Survey of 2012, paragraph 870). The Committee welcomes the statistical data provided regarding educational levels and asks the Government to continue to provide information on the complaints examined by the Office of the Prosecutor-General concerning discrimination in employment and occupation, specifying the grounds invoked in these cases; and statistical information on the participation of men and women in the labour market, in all sectors of the economy and in education and vocational training at all levels.

National equality policy concerning race, colour and national extraction. The Committee notes that, in its observations, ASIC alleges that, in the tourism sector, the best qualified and best paid jobs are mainly assigned to fair-skinned Cubans, and that the black population is often given jobs that do not involve interaction with tourists, such as cleaning and garbage disposal activities. The Committee notes that the Government denies the existence of discrimination based on colour, and states that access to employment in tourism is governed by the principle of equal access. The Government reports that according to the 2012 population census, 35 per cent of the population was black and mestizo (of mixed extraction) and, in 2018, 35.7 per cent of workers in the tourism sector were from the black community. The Committee notes that the United Nations Committee on the Elimination of Racial Discrimination welcomed the drafting of a national plan on the eradication of all forms of racial discrimination but regretted not having received information on the impact and the practical results of the implementation of the social programmes and the multisectoral policy to eliminate any remaining vestiges of racial discrimination (CERD/C/CUB/CO/19-21, 20 September 2018, paragraphs 19 and 20), and drew the Government’s attention to the challenges faced by people of African descent in gaining access to the labour market, their low rates of representation in decision-making positions, in both the public and the private sector, and the poverty levels that affect them disproportionately (CERD/C/CUB/CO/19-21, paragraph 17). In this connection, the Inter-American Commission on Human Rights urged the State to “adopt urgent measures, with a gender-based approach, aimed at overcoming the situation of structural discrimination that affects the Afrodescendant population, as well as positive measures to eliminate racial discrimination and ensure that Afrodescendant persons can exercise their rights on an equal basis with the rest of the population” (Annual Report 2018, part IV, paragraph 16). The Committee recalls that where labour market inequalities along lines covered in the Convention exist, a national policy to promote equality of opportunity and treatment, as envisaged in Articles 2 and 3 of the Convention, should include measures to promote equality of opportunity and treatment of members of all groups with respect to access to vocational training and guidance, placement services, employment and particular occupations, and terms and conditions of employment. In order to achieve the objective of the Convention, it is necessary to address gaps in training and skills levels, as well as to examine and eliminate other difficulties and barriers that certain groups face in accessing and retaining employment in the various sectors and occupations (see General Survey of 2012, paragraph 765). Noting that discrimination based on race is not formally prohibited by the Labour Code (as it notes in its observation), the Committee requests the Government to provide the available statistical information on the participation of men and women in the labour market per activity sector, particularly in the tourism sector, disaggregated, where possible, by race and colour, and by sex and employment categories, and information on the measures adopted to guarantee equality of opportunity and treatment to all workers to achieve the aim of the Convention. It also requests the Government to provide information on the specific measures and plans adopted or envisaged in the national plan on the eradication of all forms of racial discrimination, including information on their effectiveness and the results achieved.

General observation of 2018. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.