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

The Committee notes the communications from the Trade Union Confederation of Middle and Higher Level Employees Union (MHP), dated 27 August 2008, and the Netherlands Trade Union Confederation (FNV), dated 29 August 2008, concerning the application of the Convention, which have been sent to the Government for its comments thereon.

Legislative protection against discrimination. Social origin

The Committee recalls that the equal treatment legislation omits the ground of “social origin” and that according to the Government “social origin” is covered by the wording of article 1 of the Constitution which prohibits discrimination “on any grounds whatsoever”. The Committee notes the Government’s statement that it has no intention of including the ground of social origin in the national legislation since it considers it to be sufficiently covered by indirect discrimination based on one of the other grounds of discrimination such as race, nationality, religion or personal convictions, gender or civil status, covered by the Equal Treatment Act. The Committee notes that the MHP disagrees with this position and considers that addressing discrimination on the basis of social origin through indirect discrimination based on the abovementioned grounds is problematic. The explicit inclusion of the ground of social origin in the equal treatment legislation would lighten the burden of proof for persons alleging direct discrimination on the basis of social origin. The Committee recalls that the Convention covers both direct and indirect discrimination based on social origin. It also recalls that, where legislative measures are taken to give effect to the principle contained in the Convention, they should include all the grounds contained in Article 1(1)(a) of the Convention. The Committee therefore requests the Government to consider amending the legislation to explicitly include social origin as a prohibited ground of discrimination and to provide information on any progress in this regard.

Discrimination on the basis of race, colour, national extraction and religion

The Committee recalls its previous observation in which it noted that uncertainty remained about the actual impact of the various measures taken by the Government on achieving genuine equality of ethnic minorities in employment and vocational training. Employment data continued to show a mainly negative trend as to the employment and education of men, and particularly women, belonging to ethnic minorities, including immigrant women of Turkish and Moroccan origin. The Committee had therefore requested the Government to increase its efforts to address discrimination against ethnic minority groups, particularly women, and to indicate the extent to which the measures taken had an impact on increasing their access to employment and occupation.

The Committee notes that the Government continues to undertake a number of projects and initiatives, including research, aimed at removing impediments faced by ethnic minorities when entering and advancing in the labour market. It notes that in April 2008 the Labour Foundation presented to the Government a “Declaration on promoting diversity inside and outside the company” addressed to policy-makers, workers’ and employers’ and minority organizations, and continued to call upon the social partners to fight discrimination at work and promote equal opportunities for ethnic minorities. Activities have also been organized in the context of the “European Year of Equal Opportunities for All!”. In addition, new legislation on municipal anti-discrimination facilities (ADVs) is being proposed requiring municipalities to provide accessible anti-discrimination services to assist local residents in handling their complaints. The Committee notes the Government’s indication that, while unemployment among non-Western minorities remains high, some positive trends can be noted. The Government refers to the statistics on the labour market position of “non-Western minorities”, including young people, for 2007, showing that between 2006 and 2007 the labour force participation of non-Western minorities increased by 5.9 per cent as compared to 1.2 per cent for native Dutch; it was the greatest for women belonging to non-Western minorities. The figures also show that the decline in unemployment was markedly greater for non-Western minorities, particularly women. With respect to migrant youth, the Government indicates that the Youth Unemployment Task Force was disbanded in 2007 because it had reached the target set of 40,000 young people finding jobs.

The Committee notes that the FNV, while welcoming the increase in the labour force participation of non-Western minorities, disagrees with the Government’s overall positive analysis of the abovementioned statistics. According to the FNV, clear government policies and measures to stimulate labour participation of non-Western minorities are lacking, especially in light of the results of the “Monitor on discrimination against non-Western minorities on the labour market” (“Discrimination Monitor”) (2007), which show that the labour force participation of non-Western minorities is precarious. The Committee notes that the FNV further highlights the lack of additional data in the Government’s report on the sectors and the quality of employment of non-Western minorities and the differences with native Dutch. Such data are needed to assess whether the measures taken by the Government to eliminate discrimination in the labour market of non-Western minorities are effective and sufficient to address inequalities. Finally, the FNV raises concerns about the very high unemployment rate of young people from ethnic backgrounds (in January 2008, this was 15 per cent against 6 per cent for native Dutch). According to the FNV, the drop in the unemployment rate of young people from ethnic backgrounds is mainly due to economic growth rather than specific measures taken by the Government. The FNV is therefore disappointed that the Government has not followed up on the measures proposed by the Social Economic Council in a report published in 2006 and that the Youth Unemployment Task Force has been disbanded.

The Committee notes from the above that the existence of discrimination and inequality of non-Western minorities in the labour market is widely recognized and documented. It notes from the results of “Discrimination Monitor” (2007) that discrimination against non-Western minorities, and in particular persons of Moroccan origin, impedes their access to the labour market and their ability to secure permanent employment. Non-Western minority jobseekers deal with discrimination by avoiding certain companies or sectors, not providing information on their birth in their application or removing headscarves at work. Furthermore, the figures provided by the Government also show that in 2007 the net labour participation for non-Western minorities was only 51.8 per cent as compared to 68.1 per cent for native Dutch. The unemployment rate of non-Western minority women and men in 2007 also remained as high as 11.4 per cent and 9.9 per cent, respectively, as compared to 5 per cent and 2.8 per cent for native Dutch women and men, respectively. The Committee further notes that complaints submitted to the Equal Treatment Committee in 2006 and 2007 concerning racial and religious discrimination mostly related to discrimination in job selection due to wearing of the headscarf, language requirements and colour of skin. In light of the above and considering that the information by the Government remains general as to the outcomes of the measures taken with respect to the elimination of or decrease in discrimination in employment and occupation of certain ethnic minority groups, the Committee asks the Government to provide information on the following:

(i)    the policies adopted and measures taken, and their impact, to stimulate the labour participation of non-Western minorities, in particular young persons and women, in a wide range of occupations and sectors of employment;

(ii)   statistical data, disaggregated by sex, on the quality of employment of non-Western minorities and the sectors and occupations in which they are employed, indicating any differences with native Dutch;

(iii) the status of the new legislation on municipal ADVs and information on the number and nature of complaints filed which relate to discrimination based on race, colour, religion and national extraction with the courts and the Equal Treatment Commission.

The Committee is raising other points in a request addressed directly to the Government.