Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Gender equality plans. The Committee notes that, compared to the previous legislation, under the new Discrimination Act, the threshold for drawing up gender equality plans has been increased from employers with more than ten employees to employers with more than 25 employees (Chapter 3, sections 4–9 and 13). The Committee also notes the information in the Government’s report on the audits of compliance with the statutory requirements concerning active measures, including gender equality plans. The Committee requests the Government to continue to provide information on:

(i) the adoption, implementation and impact of gender equality plans at the enterprise level in collaboration with workers’ organizations; and

(ii) on any measures taken to promote gender equality in employment and occupation in enterprises with less than 25 employees.

Equality of opportunity and treatment of men and women in employment and occupation. The Committee further notes from the Government’s report that horizontal and vertical occupational sex segregation in the labour market persists, including in local and regional government institutions. It also notes that the Government has been taking a variety of measures to address the persistent gender inequalities in employment and promote women’s job opportunities to enhance the right of women to full-time work. The Government also intends to analyse some of these measures with a view to preparing a strategy to enhance gender equality in the labour market and the business world. The Committee asks the Government to provide additional information on the results of the various measures taken on reducing the occupational segregation by gender, and promoting women’s participation in high-level positions in both the private and public sectors. Please also provide information on the progress made in the adoption of a strategy to enhance gender equality in the labour market.

Equality of opportunity and treatment irrespective of race, colour, national extraction and religion. The Committee notes from the Government’s report that in 2007 the employment rate of foreign-born men and women was, respectively, 61.8 per cent and 53.3 per cent while it amounted to 70.8 per cent and 65.9 per cent for native-born persons. It further notes that the percentage of national government employees with foreign background did not significantly increase between 2006 (11.1 per cent) and 2007 (11.4 per cent). The Committee also notes that the Ombudsperson against Ethnic Discrimination (DO) found that, where municipalities have an integrated plan to promote gender equality and diversity, these are often too focused on gender equality, whereas work for the promotion of equality of rights and opportunities regardless of ethnicity or religion often remains at the visionary level. The Committee notes that the DO, in collaboration with the social partners, has prepared a handbook indicating how employers and workers’ representatives can act to avoid discrimination against women with foreign backgrounds. The Committee requests the Government to provide further information on the measures taken or envisaged to promote equality of opportunity and treatment in employment and occupation irrespective of race, colour, national extraction and religion, and the impact of such measures in the public and private sectors. Please continue to provide statistical information, disaggregated by sex, on the employment rates of foreign- and native-born persons in the public and private sectors.

As regards the public sector, the Committee notes the Government’s indication that the impact of the Ordinance on Anti-Discrimination Clauses in Procurement, 2006, was being evaluated and that the results were to be published before the end of 2008. The Committee asks the Government to provide information on results of the analysis of the impact of the Ordinance on Anti-Discrimination Clauses in Procurement, 2006. Please also continue to provide information, including statistics, on the impact of the measures taken or envisaged to apply the principle of the Convention to the public sector.

Situation of the Roma. The Committee notes the twofold strategy adopted by the DO to counteract discrimination against the Roma based on improving the Roma’s knowledge of their rights and on raising awareness of Roma issues among DO officers. It also notes that, according to the DO, the position of the Roma in the labour market has resulted from prolonged discrimination, and that only two complaints were lodged with the DO by Roma individuals concerning discrimination in employment and occupation. In this regard, the Committee notes from the comments of the Advisory Committee charged with monitoring the application of the Framework Convention for the Protection of National Minorities that discrimination often goes unreported due to the limited confidence of the victims in the remedies available or because of their insufficient awareness of these remedies (ACFC/OP/II(2007)006, 8 November 2007, paragraph 43). The Committee requests the Government to provide additional information on the measures taken to combat prejudices and discrimination against the Roma and promote their access to education, training, employment and occupation on an equal footing with the rest of the population, and to provide information, including statistics, on the results achieved including by the Delegation for Roma Issues. It also requests the Government to provide information on the impact of any measures taken to raise awareness among the Roma of the relevant non-discrimination legislation and the procedures and remedies available in case of violation.

The Sami. Further to its previous comments, the Committee notes that the report of the study on Sami hunting and fishing rights is still being reviewed as its conclusions met with criticism from the Sami communities and other parties concerned. The Committee notes that the results of this study as well as the possible ratification of the Indigenous and Tribal Peoples Convention, 1989 (No. 169), will be addressed in a bill to be submitted to Parliament in March 2010. The Committee further notes that, according to the DO, Sami people continue to experience discrimination in many sectors of society. The Committee requests the Government to provide information on the following:

(i)    any measures taken or envisaged to combat discrimination and promote equality of opportunity and treatment of Sami peoples with respect to access to educational and occupational opportunities and the impact thereof; and

(ii)   any developments concerning the status of the Bill on Sami rights as well as prospects of ratification of Convention No. 169.

Enforcement and cooperation with social partners. The Committee notes that, according to the DO, while many employers declare policies to combat discrimination and set goals in this respect, concrete and verifiable targets are often lacking. Therefore, the DO has given more priority to initiating contacts with trade unions in industry and the public sector with a view to discussing ways in which it can support them in the implementation of active measures within the framework of the collective bargaining system. The Committee asks the Government to continue to provide information on any measures aimed at strengthening the capacity of employers and workers and their organizations to implement, monitor and assess the impact of equality policies. Please also continue to provide information on the monitoring activities of the Equality Ombudsperson concerning the application of the Discrimination Act, including information on the supervision of employers’ compliance with the obligation to adopt positive measures, the number of sanctions imposed and the cases brought by the Ombudsperson to the attention of the Labour Court.