Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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

The Committee notes the observations of the Brasilia Bank Workers Union (Bancários/DF), the National Federation of Caixa Econômica Federal Staff Associations (FENAE) and the Single Confederation of Workers (CUT) received on 1 September 2022. It also notes the observations from the CUT, received on 2 September. The Committee asks the Government to provide its comments thereon.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee notes that the Bancários/DF, FENAE and CUT express concern about the numerous cases of sexual harassment at work in the finance, banking and judicial sectors. They highlight that: (1) women suffer three times more sexual harassment than men at the workplace, while 97 per cent of victims do not report this situation; (2) data from the Higher Labour Tribunal shows that, between January 2015 and January 2021, approximately 26,000 persons filed cases for sexual harassment at work; (3) as regards the Federal Public Administration, there were 903 reports of sexual or moral harassment in the first half of 2022 through the Digital Ombudsman System (e-Ouv), which represent an 88.5 per cent increase in comparison with the first six months of 2021; and (4) a survey from the Office of the Comptroller General of Brazil (CGU) revealed that in the Federal Public Administration only one third of sexual harassment cases resulted in effective punishment. In their views, cases of sexual harassment at work are characterized by victims’ difficulties in accessing justice; long delays; and inadequate sanctions. The Committee notes with concern these allegations. The Committee asks the Government to provide its comments thereon.

The Committee notes the Government’s indication, in reply to its previous comments, that section 216-A of the Penal Code, as amended by Law No 10.224 of 2001, criminalizes sexual harassment and establishes penalties of up to two years’ imprisonment. The Committee recalls that criminal provisions are not completely adequate in discrimination cases because, inter alia, they do not always provide a remedy to the victim and are very unlikely to cover all forms of conduct that amount to sexual harassment. Considering the need to take into account the specificities of sexual harassment in employment and occupation and the wide range of behaviours to cover, the Committee asks the Government to take the necessary measures to include in the labour legislation or in legislation applicable to labour relations a clear definition and prohibition of both quid pro quo and hostile environment sexual harassment, including by co-workers, as well as preventive measures, redress mechanisms and appropriate sanctions.

The Committee notes with interest the adoption of Law No. 14.457 of 21 September 2022 implementing the “Emprega + Mulheres e Jovens” programme, which provides that companies with more than 20 employees must adopt specific measures to prevent and address sexual harassment and other forms of violence at work (section 23). However, the Committee observes that the Bill on Equal Opportunities and Treatment for Women in Employment (PLS No. 136/2011) which included moral, physical, psychological and sexual harassment as a form of discrimination against women has been set aside. It further notes, that, in its 2021 national report to the United Nations (UN) Human Rights Committee (International Covenant on Civil and Political Rights) the Government acknowledges that violence against women remains one of the main challenges it currently faces (CCPR/C/BRA/3, 25 August 2021, paragraph 60). The Committee asks the Government to provide information on: (i) the implementation of the "Emprega + Mulheres e Jovens" programme in relation to the measures taken by companies to prevent and address sexual harassment at work; (ii) any other practical measures taken, both in the public and private sectors, including awareness-raising among employers, workers and their organizations; and (iii) the number of complaints or cases of sexual harassment dealt with by the competent authorities, including sanctions imposed and remedies granted.

Articles 2, 3 and 5. Equality of opportunity and treatment irrespective of race, colour or national extraction. People of African descent. The Committee notes that, according to the National Household Sample Survey (PNAD) carried out by the Brazilian Institute of Geography and Statistics (IBGE) from 2012 to 2018, the average income of the Black population is equivalent to only 60 per cent of that received by the White population and this proportion remained mostly unchanged since 2012 (IBGE, 4th trimester, 2012–2018). Furthermore, according to the statistical information in the Government’s report to the UN Committee on the Elimination of Discrimination against Women (CEDAW), the literacy rate for the Black population remains lower (91.1 per cent in 2019 compared with 96.4 per cent for the rest of the population). Only 2.8 per cent of the Black population occupied decision-making positions in 2019, compared with 7.1 per cent for the rest of the population, while Black workers were more concentrated in the informal economy (CEDAW/C/BRA/8-9, 17 March 2022, paragraph 87; and Annex to CEDAW report). The Committee recalls that several laws have been adopted to introduce employment quotas in the civil service and publicly-owned companies at the federal level for the Black population (Law No. 12.990/2014) and increase their access to federal universities (Law No. 12.711/2012). The Government indicates that other special measures of assistance have been adopted or are pending adoption, namely: (1) Decree No. 9.427 of 28 June 2018 which provides that 30 per cent of vacancies for internships in the Federal Public Administration are reserved for the Black population; (2) Bill No. 2.067 of 2021 to introduce in public procurement contract requirements clauses regarding quotas for employment for the Black population; and (3) Bill No. 33 of 2016 to amend the Federal Constitution in order to establish a fund for the promotion of racial equality in order to promote equal opportunities and social inclusion of the Black population, including in education and vocational training. The Committee further notes the Government’s indication regarding: (1) the adoption of Decree No. 10.933/22 of 10 January 2022 enacting the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance which now has constitutional status; and (2) the discussions that are under way to carry out a national campaign promoting equal opportunities for Black women in the labour market. The Committee however notes that the UN High Commissioner for Human Rights expressed specific concern at the structural racism, discrimination and violence that people of African descent face in Brazil and called for urgent reforms of laws, institutions and policies to overcome that situation (Press briefing note on Brazil, 24 November 2020). Furthermore, in the report on the universal periodic review, it is indicated that the United Nations country team reinforced the importance of comprehensive policies that confront racism and aggravated discrimination and reported that 70.8 per cent of out-of-school compulsory school age children were Black boys and girls (A/HRC/WG.6/41/BRA/2, 25 August 2022, paragraphs 8 and 43). The Committee further notes that, in its 2021 report on the situation of human rights in Brazil, the Inter-American Commission on Human Rights (IACHR) highlighted that people of African descent still face discrimination in their access to education, the formal labour market and management positions in the private sector (paragraphs 20 and 21). While welcoming the measures implemented by the Government to enhance equality of opportunity and treatment in education and employment for people of African descent, in particular through affirmative actions, the Committee notes with concern that such measures appear to have yielded few tangible results in practice so far. The Committee urges the Government to step up its efforts to adopt and implement both legal and practical measures with a view to promoting equality of opportunity and treatment of people for African descent in employment and occupation, including through public awareness-raising activities to address racial discrimination and promote tolerance among the public. It also asks the Government to provide information on: (i) any assessment carried out of the progress made to date in addressing the situation of people of African descent in employment and occupation, including results achieved through the quota system; (ii) any measures taken in law and in practice to enhance the access of people of African descent to education, vocational training and employment opportunities, including in the formal economy and in decision-making positions, and the results achieved; and (iii) the participation of people of African descent in education, training, employment and occupation, disaggregated by sex; and (iv) the combined effects of sex and ethnicity on the distribution and participation of workers in the various occupations and economic sectors, including on their remuneration rates.

General observation of 2018. The Committee wishes to draw the Government’s attention to its general observation on discrimination on grounds of race, colour and national extraction adopted in 2018.

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