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The Brazilian Government has learned with disappointment that Brazil has been listed among the countries invited to provide information to the ILO Committee on Application of Standards during the 107th Session of the International Labor Conference. The country shall present information on the application of Convention No. 98, The Right to Organize and Collective Bargaining Convention, a ratified instrument in effect in Brazil since 1953.

There are no pressing technical reasons that justify such a request for information. The decision to list Brazil was uniquely based on political criteria, since there is no discrepancy between the labor reform recently approved by the Brazilian National Congress and what is established by Convention No.98. Instead, by encouraging collective bargaining without unprotecting the worker, the labor reform in Brazil contributes to a more effective application of the Convention.

The Brazilian Government has submitted to ILO Director-General questions and concerns about the politicization of the country selection process, which should only be based on technical criteria. ILO was reminded that labor rights enshrined in Article 7 of the Brazilian Constitution – which are not subject to negotiation – have been safeguarded in the new labor legislation. Law 13.647/2017 (labor reform) also promotes the strengthening of the role of central labor unions, making them more representative of their members.

Brazil is a founding member of ILO and has always worked actively and purposefully in the Organization, seeking the continuous improvement and strengthening of the multilateral system of labor standardization. Brazil will submit the information requested by ILO on the understanding that the process is beneficial to the strengthening of the Organization and the debate on international labor standards.

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