Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

1. Legislation. Prohibited grounds of discrimination. The Committee recalls its previous comments concerning discrimination based on political opinion and social origin which do not appear to be covered by the Prevention of Discrimination Act 2003. In this regard, the Committee notes from the Government’s report that the Parliamentary Committee on Discrimination recommended in February 2006 the enactment of consolidated anti-discrimination legislation which, in addition to the grounds already covered by the existing legislation, would introduce two new grounds, namely age and gender identity. The Committee trusts that all efforts will be made to ensure that the anti-discrimination legislation covers all forms of discrimination set out in Article 1(1)(a) of the Convention, including discrimination based on political opinion and social origin, and requests the Government to indicate in its next report the specific measures taken in this regard. Recalling that the Prevention of Discrimination Act 2003 prohibits, inter alia, discrimination based on “religion and other belief”, the Committee seeks the Government’s views on whether the term “belief” within the meaning of that Act could be interpreted as covering also political opinion.

2. The Committee recalls that the legislation in force recognizes grounds of discrimination which are not listed in Article 1(1)(a), i.e. sexual orientation and disability. In this regard, the Committee had sought clarification whether the Government considers these additional grounds to be covered under the Convention in accordance with Article 1(1)(b). In reply, the Government indicated that the Swedish ILO Committee considered “additional grounds for discrimination to be justified especially against the background of the comments of the Committee of Experts in relation to Convention No. 111”. On this basis, the Committee notes that, as regard grounds of discrimination recognized in the legislation other than those listed in Article 1(1)(a), Sweden appears to have availed itself of the possibility to determine additional grounds in accordance with Article 1(1)(b). The Government is requested to continue to provide information on the application of the Convention, in law and in practice, in relation to additional grounds determined in accordance with Article 1(1)(b), such as sexual orientation and disability.

3. Application in practice. Equality of opportunity and treatment of men and women. The Committee notes the information provided by the Government concerning projects and initiatives promoting gender equality in the labour market. It requests the Government to continue to provide such information, including information on the results obtained. In this regard, the Committee would appreciate receiving information on the specific measures taken to promote equal opportunities of women from an ethnic minority background. The Committee reiterates its request to the Government to provide statistical information that would enable the Committee to assess the evolution of women’s and men’s position in the labour market, including the progress made in ensuring women’s equal access to higher level positions.

4. Equality of opportunity and treatment irrespective of race, colour, national extraction and religion. The Committee notes that, according to the 2005 Integration Report, only 64 per cent of persons born abroad were employed in that year compared to 81 per cent of native-born persons, which amounts to a gap of 17 per cent. In its previous comments, the Committee noted a 15 per cent employment gap between foreign-born persons and native-born persons for 2002. Between 1 July 2004 and 30 June 2006, the ethnic discrimination ombudsperson received 594 complaints concerning discrimination in the workplace out of which 280 were made by job applicants. Only few of the companies examined by the ombudsperson in 2005 worked on the prevention of ethnic and religious discrimination in a structured and planned manner. The Swedish Integration Board’s 2005 survey of employers showed that roughly half of the 2,200 enterprises surveyed engaged with their employees and/or unions to address discrimination but fewer took active measures to encourage job applications from persons of a foreign background. The Committee also notes that the ILO carried out a situation-testing study with native-born young adults, both men and women, of Middle East background in three major cities, which was finalized in 2007. The study confirms that persons of foreign background face serious inequalities regarding access of employment. The Committee requests the Government to continue to provide detailed information on the measures taken to promote and ensure equality of opportunity and treatment irrespective of race, colour, national extraction or religion, as well as statistical information enabling the Committee to assess the progress made. Please also indicate the measures taken to follow-up on the recommendations of the abovementioned ILO study.

5. The Committee notes with interest that the Government has taken a number of new measures to promote ethnic and cultural diversity in public employment, including the entry into force of the Ordinance on Anti-Discrimination Clauses in Procurement on 1 July 2006 which applies to government authorities, the pilot project initiated in 2006 to operate anonymous job application processes in a number of government agencies, as well as the adoption of new rules concerning police uniforms making it possible to wear a head scarf, turban or kippa as a part of the uniform. However, the Committee also notes that according to the ethnic discrimination ombudsperson only two of the 29 government authorities scrutinized in 2005 met the statutory requirements regarding the prevention of discrimination under the Measures to Counteract Discrimination in Working Life Act 1999. Nevertheless, the Government considers that the policies in place showed results, as the proportion of national government employees of foreign background had been rising steadily. The Committee requests the Government to continue to provide information on the measures taken to promote equality and diversity in public employment, including detailed information on the implementation of the Ordinance on Anti-Discrimination Clauses in Procurement (please provide the text of the sample anti-discrimination clause prepared by the National Board for Procurement). The Government is also asked to provide statistical data showing the progress made in ensuring equal access to public employment of persons of foreign background.

6. Situation of the Roma. The Committee notes the appointment in September 2006 of the “Delegation for Roma Issues in Sweden” consisting of ten members, half of them of Roma origin. The delegation will conduct a broad inquiry into the situation of the Roma and will present its final report to the Government by 31 December 2009. The Committee requests the Government to provide information on the activities of the Delegation for Roma Issues in Sweden relating to equality of opportunity and treatment in employment and occupation. The Government is also requested to continue to provide information on any other measures taken or envisaged to combat discrimination at work against persons of Roma origin to ensure equal opportunities for them to access training and employment.

7. The Sami. The Committee notes that the Government’s report contains very little information in reply to the Committee’s previous comments concerning the Sami. The Committee notes from the Government’s latest report under the International Convention on Elimination of all Forms of Racial Discrimination that a study of hunting and fishing rights that the Government is undertaking would assess the conditions for ratification of the Indigenous and Tribal Peoples Convention, 1989 (No. 169). The Committee reiterates its request to the Government to provide information on the measures taken and the progress achieved in improving access of the Sami to educational and occupational opportunities, including access to their traditional occupations. Please also indicate any further developments with regard to the ratification of Convention No. 169.

8. The Committee requests the Government to continue to provide information on action to promote equality in employment and occupation taken by the Equal Opportunities Ombudsperson, the Ombudsperson against Ethnic Discrimination, the Swedish Integration Board and the Swedish Agency for Government Employers and the National Labour Market Board, as well as other competent bodies, including measures carried out in collaboration with employers’ and workers’ organizations. The Committee welcomes the detailed information provided by the Government on cases concerning workplace discrimination processed by the competent authorities and asks the Government to continue to provide such information in its next report.