Demande directe (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

The Committee notes the information contained in the Government’s report and the comments submitted by the Confederation of Norwegian Business and Industry (NHO).

1. The Committee notes with interest the adoption on 21 May 1999 of the Human Rights Act No. 30 of 1999 under which some human rights conventions became applicable as national law to the extent that they are binding for Norway. The Committee notes that section 2 of the Human Rights Act enumerates the following international instruments: the European Convention for the Protection of Human Rights and Fundamental Freedoms, 1950; the International Covenant on Economic, Social and Cultural Rights, 1966; the International Covenant on Civil and Political Rights, 1966; the Optional Protocol to the International Covenant on Civil and Political Rights, 1966; and the Second Optional Protocol to the International Covenant on Civil and Political Rights, 1989. The Committee notes that where national legislation is in conflict with any of the above conventions, the latter take precedence (section 3).

2. The Committee notes that under the Human Rights Act (No. 30 of 1999) both article 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, 1950, and article 2 of the International Covenant on Civil and Political Rights, 1966, enumerate the following prohibited grounds of discrimination: race, colour, sex, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status. Considering that social origin is not explicitly mentioned in the Worker Protection and Working Environment Act No. 4 of 1977 (the Working Environment Act) as a prohibited ground of discrimination, the Committee requests the Government to confirm that as a result of the adoption of the Human Rights Act, it is henceforth prohibited by law to discriminate in employment and occupation on the basis of social origin. In this regard, the Committee notes the Government’s statement that administrative principles are applicable to cases of discrimination on the basis of social origin. However, it also notes the statement by the Confederation of Norwegian Business and Industry (NHO) that administrative principles are not applicable to the private sector. NHO also states that no court has applied non-statutory principles of administrative law in the private sector within the field of labour law. The Committee requests the Government to provide a clarification on this point with its next report.

3. The Committee notes that on 5 May 2001, section 55A of the Working Environment Act was amended to prohibit discrimination of disabled persons in recruitment practices. The Committee further notes the obligation of the employer to disclose in writing to a job applicant who so requests, information on the training, experience and other qualifications of the person hired where there are reasonable grounds for assuming that discrimination has occurred. It also notes the shared burden of proof and the possibility to obtain compensation in the event of discriminatory treatment. However, the Committee reiterates its concern respecting the first paragraph of section 55A, which has not been amended, under the terms of which information regarding the political, religious and cultural views of a job applicant may be requested if the purpose of the employer’s activities is to promote political, religious or cultural views, and the position is essential for the fulfilment of that objective. The Committee recalls that Article 1(2) of the Convention, respecting 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 this concern still has not been addressed in an adequate manner by the Government. The Committee therefore requests the Government to provide information with its next report respecting the application of exceptions to the principle of non-discrimination, and reiterates its request for information on the practical application of section 55A of the Working Environment Act.

4. The Committee recalls its previous comments concerning section 2 of the Working Environment Act, in accordance with which certain sectors, such as 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 the coverage of the Act does not extend to homeworkers and that the Seamen’s Act No.18 of 1975 only provides protection against discrimination on the ground of sex. The Committee therefore reiterates its request to the Government to provide detailed information on any measures taken or contemplated to secure protection against discrimination in employment to workers in the sectors not covered by the Working Environment Act. In this respect, the Committee asks the Government to include any assessment or evaluation of the impact, if any, of the Human Rights Act on protecting these workers from non-discrimination.

5. The Committee notes that differential treatment to promote gender equality, as permitted under the Equal Status Act (Act No. 45 of 1978), has been authorized for men in education and childcare occupations, and that they may be given preferential treatment both for training and job opportunities in accordance with Ordinance No. 622 of 1998 respecting special treatment of men. The Committee requests the Government to provide information on the effect that this measure has had in promoting an improved balance of men and women in these occupations.

6. The Committee further notes the Government’s statement that it appointed a committee in March 2000 to draw up proposals for a bill to prohibit ethnic discrimination, and that it is to complete its work by June 2002. It notes that this committee is to examine how legal protection against ethnic discrimination can be strengthened; propose a new act prohibiting ethnic discrimination; review various penal measures; review the role of the Centre for Combating Ethnic Discrimination; and review the UN Convention on the Elimination of all Forms of Racial Discrimination in relation to Norwegian law. The Committee requests the Government to provide detailed information with its next report on the conclusions and recommendations of this committee and the resulting action taken.

7. The Committee notes the Government’s statement respecting the Norwegian Public Employment Service and the measures adopted to ensure the application of non-discriminatory policies in placement services. It particularly notes the efforts made through the training of placement officers and the dialogue carried out with employers to encourage placing non-nationals in employment and occupation in accordance with Article 3(e) of the Convention. The Committee notes the detailed statistical information supplied by the Government. It observes that the unemployment rate for immigrants was 6.9 per cent in November 2000, while the rate for the total population was 2.7 per cent. The Committee also notes that the unemployment rate still varies quite largely among people of different ethnic origins, with immigrants from Africa having the highest unemployment rate (12.9 per cent in November 2000). The Committee requests the Government to continue to provide information in its next report on the measures taken to promote equality in access to all occupations and employment, and to vocational training institutions, as well as statistical data on the Norwegian labour market, disaggregated by ethnicity and sex.