Observation (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

The Committee notes that the Government's report has not been received.

1. Nevertheless, it notes with interest the adoption of the Equal Opportunities Act, No. 443 of 30 May 1991, which prohibits indirect discrimination and harassment; places the obligation on an employer to counteract sexual harassment or harassment stemming from the filing of a complaint alleging discrimination based on sex; requires employers and workers to cooperate to attain equality at work; and obliges employers with ten or more employees to prepare an annual plan for the promotion of equal opportunities at work. The Act also provides that its provisions may be applied by collective agreements concluded or approved by a central workers' organization. The Committee would be grateful if the Government would supply, in its next report, information on the application in practice of the Act and, in particular, the enforcement activities of the Equal Opportunities Ombudsman and the Equal Opportunities Board and the annual plans for the promotion of equal opportunities at work. It also requests the Government to forward any copies of collective agreements which contain provisions relevant to the promotion of equal opportunity, in accordance with the new Equal Opportunities Act.

2. The Committee also refers the Government to the following points raised in its previous observation:

Measures against ethnic discrimination. (i) The Committee notes that the Discrimination Ombudsman (DO) took part in trade union activities on the central, regional and local levels, and in various training activities for employment counsellors and placement officers and raised questions of harassment with employers' and workers' organizations. The Committee notes with interest that in December 1989, the DO submitted to the Government draft legislation against ethnic discrimination at work which would extend the ban on ethnic discrimination to the entire labour market and to employment of all kinds. The Committee notes the statement in the report that refusal of employment remains the most common problem facing immigrants in the employment sector and that the need for legislation in this field has been accentuated. The Committee requests the Government to report on the status of the draft legislation and its prospects of adoption.

(ii) The Committee notes with interest that the Commission Against Racism and Xenophobia completed its work in March 1989 and recommended that a law against ethnic discrimination in working life should be reconsidered. It further notes that, on the basis of the report, the Government introduced a Bill in February 1990 (1989/90:86) containing its assessment of the existence of discrimination on ethnic grounds and the need for measures designed to further good ethnic relations. The Committee would be grateful if the Government would supply a copy of the Commission's report along with a copy of the proposed Bill. It also requests the Government to clarify the difference in the provisions between this Bill and the one proposed by the Discrimination Ombudsman referred to above.

(iii) The Committee notes that in May 1990, the Government set up a Commission to Study Measures Against Ethnic Discrimination which, among other things, was to examine the need for a special law proscribing ethnic discrimination in working life and to present proposals for such a law. This study was to be undertaken in close consultation with the concerned parties in the labour market and its report should have been ready in 1992. The Committee requests the Government to provide information on the contents of the report and its recommendations, particularly in relation to the above mentioned Bill submitted by the Government and the draft legislation proposed by the Discrimination Ombudsman.

Article 4 of the Convention. (iv) The Committee notes from the Government's report that the Swedish ILO Committee has expressed its concern over a possible discrepancy between proposed Swedish rules on the screening of personnel and this Article of the Convention. Accordingly, that Committee drew the matter to the attention of the Parliamentary Commission (SAPO-kommitten), to which the report containing the proposals on the screening of personnel was presented, and subsequently raised the same concern with the Ministry of Public Administration. The Committee hopes that the adoption of any personnel rules will be in full conformity with the requirements of this Article of the Convention. It further requests the Government to supply a copy of the relevant proposals contained in the Commission's report.

3. The Committee is addressing a request on other matters directly to the Government.