Observation (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

The Committee notes the information supplied by the Government in its reports, in reply to its previous comments.

In its earlier observations, the Committee has referred to the conclusions adopted by the Governing Body in March 1983, following its examination of a representation submitted by the Norwegian Federation of Trade Unions (LO) under article 24 of the ILO Constitution. The Governing Body considered that section 55A of the Worker Protection and Working Environment Act (No. 4 of 1977) (as amended by Act No. 22 of 1982), was drafted in such a way that employers could question job applicants about their political, religious or cultural views where such views were not relevant to the inherent requirements of a given job. It has asked the Government to take measures to ensure that section 55A is worded, interpreted and applied in conformity with Article 1, paragraph 2, of the Convention, and has asked the Government to supply information on the way in which the observance of the Convention is ensured in the application of section 55A of the Act. The LO has informed the Office, in a letter dated 20 October 1989, that it has again reminded the Government to consider the revision of this provision in the light of the Committee's previous examination of this question.

In its previous comments, the Committee noted the decision of the Oslo District Court, the order of the High Court of Eidsivating, and the order of the Supreme Court of 27 November 1986 concerning a legal action brought by, amongst others, the Norwegian Union of Civil Service Employees against the Board of a Christian college for the training of social workers (Diasos). The Supreme Court order in the case held, on appeal from the two lower court, that a personnel policy of a religious institution for training social workers which requires that all candidates for employment in the Department of Social Works be asked about their position with regard to the Christian faith, is not contrary to section 55A of the Worker Protection and Working Environment Act. The Committee had also noted that the Government, on request of the Parliament (Storting), had undertaken in 1986 a full analysis and assessment of the relations between section 55A and the Convention, on the one hand, and the European and United Nations Conventions on the other. The Government has stated in its report that this study is not yet completed. The Government also indicates that it has received no further information that section 55A has been applied in such a way as to contradict the Convention. Further, since 1987, no case has been brought to trial on the basis of section 55A. The above-mentioned letter from the LO states that a committee was established in June 1989 to consider whether changes have to be made to the Act.

The Committee recalls that section 55A of the Worker Protection and Working Environment Act appears to permit an employer's inquiry into religious, political or cultural views where such views may not be relevant to the inherent requirements of a given job. The Committee wishes to call the Government's attention to its statement in paragraph 127 of its 1988 General Survey on Equality in Employment and Occupation that "in the case of a religious, ethnic or political institution, the inherent requirements of a particular job must also be evaluated in the light of the actual bearing of the tasks performed on the institution's specific objectives". Thus, "criteria such as political opinion, national extraction and religion may be taken into account in connection with the inherent requirements of certain posts involving special responsibilities"; regard must, however, be had to the actual duties of the job in question and, when necessary, to the direct bearing of these duties on the institution's objectives.

The Committee again requests the Government to provide information in its next report on measures taken to ensure that section 55A of the Act is interpreted and applied in a manner which does not conflict with the Convention and, in particular, does not permit discrimination on the grounds of race, colour, sex, religion, political opinion, national extraction or social origin, excepting "in respect of a particular job based on the inherent requirements thereof." The Committee asks the Government to supply information on the results of the study requested by the Storting and to continue to furnish information concerning the application in practice of section 55A of the Act. It also requests the Government to supply information on the points raised in a request that is being addressed directly to it.