Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Articles 2 to 6 of the Convention. Measures to address migration in abusive conditions. The Committee notes that an interdepartmental working party has been appointed, involving the social partners, to codify the present state of knowledge and to recommend measures to combat trafficking in persons. Noting that the findings of the working party were to be presented by the end of 2007 in the form of a draft national plan of action, the Committee asks the Government to provide a copy of the action plan to combat trafficking, if available in English, and if not a summary of the recommendations made, and information on any follow-up action taken to implement the recommendations made.

Cooperation with organizations of workers and employers. The Committee notes that with respect to the application of Article 7 of the Convention the Government refers to Chapter 5, section 5, of the Alien Ordinance. It notes, however, that this provision only concerns consultations by the Swedish Migration Board with the Labour Market Administration or County Labour Board. Organizations of employers and employees appear to be only consulted in cases involving a question of principle or of major importance with regard to work permits. The Committee recalls that Article 7 of the Convention requires consultations with the social partners with regard to laws, regulations and other measures provided for in the Convention designed to prevent and eliminate migration in abusive conditions. While noting the involvement of the social partners in the interdepartmental working party on trafficking, the Committee asks the Government to indicate how the social partners have been or are being consulted, with respect to any measures taken to apply Articles 2 to 6 of the Convention.

Article 9(3). Costs of expulsion. The Committee notes the explanations by the Government concerning the procedures for refusal of entry or expulsion of migrants, provided for in Chapter 12, sections 18 and 19 of the Aliens Act
(SFS 2005-716). Recalling that pursuant to Article 9(3) of the Convention, in the case of expulsion, the cost shall not be borne by the migrant worker, the Committee asks the Government to indicate the legislative provisions guaranteeing that a migrant worker will not, in cases of irregularity, be required to  pay for their expulsion.

Articles 10 and 12. National policy to promote equality of opportunity and treatment. The Committee notes with interest the continuous measures taken by the Government to promote employment and integration of the immigrant population, as well as the broad package of reforms presented by the Government. It notes in particular the Joint Declaration of Intent, 2004, by the central labour market organizations and the Government, agreeing on a number of integration measures aimed at boosting employment, promoting equal opportunity and counteracting discrimination on the ground of ethnic origin. The Committee also welcomes the cooperation agreements between municipalities and county labour boards in urban districts where people with an immigrant background are over-represented, which have contributed to a faster decrease in the proportion of long-term unemployed. The Committee also welcomes the Government’s support to the central labour market organizations to disseminate information about legislation against ethnic discrimination and about the employers’ scope for using existing labour market policy instruments more effectively to facilitate the provisions of skills and enhance immigrants’ job opportunities. The Committee asks the Government to continue to provide information on the measures taken under its integration policy, and in particular any positive impact they may have had in achieving the objective of equality of opportunity and treatment between nationals and migrant workers lawfully in the country.

The Committee notes with interest the new legislation prohibiting ethnic discrimination, including the Prohibition Against Discrimination Act, DFL, 2003, and the amendments to the Working Life (Measures to counteract Discrimination on grounds of ethnic identity, religious or other convictions) Act, EDA, 1999. The Committee also notes that a parliamentary commission has been set up to consider comprehensive anti-discrimination legislation including all or most grounds of discrimination and sectors of society, and coordination or amalgamation of some or all of the “ombudsmen” institutions, and that a bill was to be introduced in Parliament in 2008. The Committee asks the Government to provide information on any progress made with regard to the adoption of the Bill concerning comprehensive anti-discrimination legislation and the reform of the “ombudsmen” institutions.

Enforcement. The Committee notes that the Aliens Appeals Board has been superseded by three migration courts and a Supreme Migration Court. It also notes that the Integration Board ceased to exist on 30 June 2007 and that the Migration Board, together with the county administrative boards, have now assumed responsibility for refugee reception. Considering the ongoing restructuring of institutions concerning anti-discrimination as well as migration, and the role played by the Integration Board in addressing discrimination, the Committee hopes that the Government will make every effort to ensure that previous efforts to address ethnic and other discrimination against the immigrant population will not be undermined.

The Committee notes that the “Ombudsman” against Ethnic Discrimination, who supervises the compliance with employers to take active measures for the prevention of ethnic and religious discrimination under the Working Life (Measures to counteract Discrimination on grounds of ethnic identity, religious or other convictions) Act, EDA, 1999, found that shortcomings exist with regard to harassment and recruitment, and that employers generally formulate policy declarations without further measures to implement their policy. The Committee asks the Government to indicate the measures taken to ensure that the active measures required under the EDA, 1999, are being formulated and effectively applied with regard to workers with an immigrant background.