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

Articles 2 and 3 of the Convention.  Equality of opportunity and treatment in relation to race, colour, national extraction and religion. In its preview comments, the Committee noted the report of the Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance. According to Special Rapporteur, there is a dynamic of racism and xenophobia in Switzerland due, among other factors, to deep-rooted cultural resistance against the multi-culturalization process and the growing prevalence of racist and xenophobic stances during elections and various votes. The Rapporteur noted the absence of a coherent and resolute political and legal strategy against racism and xenophobia. During the meetings held by the Special Rapporteur with the representatives of trade unions, the trade unions reported the existence of discrimination in hiring foreigners and the low level of legal protection provided to the victims of these acts. The Special Rapporteur recommended the implementation of comprehensive national legislation to combat discrimination, accompanied by a cultural and ethical strategy to combat the stereotypes affecting certain groups of the population. In previous comments, the Committee encouraged the Government to give due consideration to the recommendation of the Federal Commission against Racism to introduce an explicit prohibition of racial discrimination in employment and occupation. The Committee recalled that there is no provision in law prohibiting racial discrimination in employment and occupation. It drew the Government’s attention to the fact that this explicit prohibition would afford better protection to workers against discriminatory treatment and would be in line with the full application of the principles set out in the Convention. The Committee encouraged the Government to introduce into the legislation an explicit prohibition against discrimination in employment and occupation and asked the Government to keep it informed of any progress made in this respect. It also asked the Government to continue providing information on the application in law and practice of the principle of equality of opportunity and treatment in employment and training without discrimination on grounds of race, colour, religion, national extraction or social origin.

The Committee notes the Government’s indication that political debate is focusing on this issue with great attention and appears to be following the direction of the various observations made by the Committee of Experts. Various parliamentary interventions have been submitted recently to strengthen not only the measures to combat racism, but also to reinforce equality in general. A motion dated 17 December 2004 called for the drafting of a law against racial discrimination at the workplace, although the Federal Council wished to give priority to the instruments developed by the social partners based on collaboration and free consent before envisaging the adoption of binding legal provisions. A parliamentary initiative was submitted on 23 March 2007 with the objective of preventing and eliminating any form of discrimination on the grounds, among others, of skin colour, ethnic origin and religion. This initiative has not yet been examined by the competent chamber of Parliament. On 30 August 2007, the Federal Council adopted a catalogue of 45 integration measures, as well as a plan of action including numerous measures to promote equality of opportunity in employment and occupation. In December 2008, three departments of the Confederation are to engage in in-depth reflection on the issue of legislation respecting racial discrimination.

The Committee invites the Government to take all the necessary measures (legislative, administrative and other measures) to guarantee equality in employment and occupation without distinction on grounds of race, colour, national extraction or religion, and to provide it information on the measures adopted. The Committee also asks the Government to continue providing information on its plan of action for the elimination of discrimination on grounds of race, colour, national extraction and religion. Recalling that the Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance held discussions with the representatives of the trade unions, who reported the existence of discrimination in relation to hiring and the low level of legal protection available to the victims of such acts, the Committee requests the Government to provide information on the measures adopted to eliminate racial discrimination in respect of hiring and to reinforce the legal protection available to victims of such acts. The Committee also asks the Government to continue to provide information on the role of the social partners in promoting and ensuring equality in employment and occupation.

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