Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information supplied with the Government’s report.

1.  The Committee notes that, on 30 April 1998, section 55A of the Worker Protection and Working Environment Act No. 4/1977 was amended to include a provision prohibiting discrimination in recruitment practices on the basis of race, colour, national or ethnic origin, sexual orientation or cohabitation. It notes also that the amendment expands protection to cover sexual orientation and cohabitation, and that the amendment as adopted differs from an earlier draft sent to the Committee. Noting that the present amendment incorporates a provision whereby information regarding the political, religious and cultural views of a job applicant may be requested if the purpose of the employer’s activities is aimed at promoting political, religious or cultural views, and the position is essential for the fulfilment of that objective, the Committee draws the attention of the Government to Article 1(2) of the Convention which permits "any distinction, exclusion or preference in respect of a particular job based on the inherent requirements thereof". In this context, the Committee recalls its previous comments regarding the application of exceptions to the principle of non-discrimination to jobs that do not by their nature carry with them a special responsibility to contribute to the attainment of the institution’s objectives, and notes that this concern has not been addressed in an adequate manner. It requests the Government to provide information in its next report on the practical application of section 55A.

2.  The Committee recalls its previous comments on section 2 of Act No. 4/1977 whereby certain sectors - including workers employed in shipping, hunting and fishing, including the processing of catch on board ship, and military aviation - are exempted from the scope of the Act and thereby from any protection against discrimination. It also recalls that coverage of the Act does not extend to homeworkers. It further recalls that the Seamen’s Act No. 18/1975 provides protection against discrimination only on the ground of sex. The Committee requests the Government to provide information on any measures taken or contemplated to secure protection against discrimination in employment to workers in the sectors of activity not covered by Act No. 4/1977.

3.  Further to its observation regarding the wide range of measures taken by the Government to ensure equal opportunities in employment and occupation for persons from different ethnic backgrounds, the Committee notes the information provided with the Government’s report including the White Paper on Immigration and a Multicultural Norway (St meld No. 17 (1996-97)) and the Governmental Plan of Action to Combat Racism and Discrimination (1998-2001). It notes with interest that the plan of action is aimed at reducing structural barriers to employment and identifies seven priority areas including, inter alia, measures to ensure equal opportunities for employment, and promotion and protection against unfair dismissal in the labour market.  Noting also that the unemployment rate for immigrants was 6.3 per cent compared with 2.2 per cent for the total population, with immigrants from Africa having the highest rate of unemployment (12.6 per cent in May 1999) (CERD/C/363/Add.3 of April 2000), the Committee notes the measures taken to increase the recruitment of persons from an immigrant background in public sector employment (1998-2001). In this respect, it also notes the information contained in the "Presentation by Norway at the European Conference against Racism", Strasbourg, 11-13 October 2000 and that the Ministry of Education, Research and Church Affairs has established a national database for the recognition of foreign higher academic qualifications. The Committee asks the Government to provide information on the implementation of measures taken to combat direct and indirect discrimination and the results obtained, and to provide statistical data on the Norwegian labour market, disaggregated by ethnicity and sex.

4.  The Committee notes from the Government’s report the establishment of a Centre to Combat Ethnic Discrimination in 1999 to monitor racial discrimination and provide legal aid to individuals who have been discriminated against on the grounds of religion or belief, race, colour, national or ethnic origin. It notes also that in March 2000, the King’s Private Council established a committee to review current legislation on racial discrimination and to draw up proposals by spring 2001 for an act to prohibit racial discrimination. The Committee requests the Government to keep it informed on the work of the Centre and of the committee on racial discrimination, and their work in monitoring, enforcement, legislative revision and other relevant projects.

5.  The Committee notes with interest the Government’s public apology to the Roma in February 1998 for injustices committed in the past by the Norwegian authorities against these people. It also notes that the Ministry of Local Government and Regional Development is responsible for developing and coordinating government policy towards racial minorities and that the Government is to submit a report to Parliament in 2000 regarding the treatment of the Kvens, Skogfinn, the Roma and the Jews. Noting that this report is to detail the principles and objectives that are to provide the basis for future policy initiatives towards racial minorities and to include measures to ensure equality of treatment, the Committee hopes the Government will address employment-related issues in this initiative and will supply full information in this regard in its next report.

6.  The Committee requests the Government to continue to provide information in its next report on measures taken to promote gender equality in access to all occupations and employment, and to vocational training institutions.