Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Finlande (Ratification: 1970)

Autre commentaire sur C111

Observation

Demande directe

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The Committee notes the observations by the Central Organization of Finnish Trade Unions (SAK), the Confederation of Unions for Professionals and Managerial Staff in Finland (AKAVA), and the Finnish Confederation of Salaried Employees (STTK), attached to the Government’s report.

Article 1(1)(b) of the Convention. Additional grounds of discrimination. The Committee notes the Government’s indication that the Finnish Equality Committee submitted its report to the Ministry of Justice in December 2009, in which it proposed a comprehensive reform of the Anti-Discrimination Act (21/2004). The reform included amending the scope of additional grounds of discrimination such as political activism, labour union activism, family relations, state of health and disability, and extending the duties of the Ombudsperson for Minorities to include the supervision of all types of discrimination referred to in the Anti-Discrimination Act. The Committee asks the Government to provide information on any progress made concerning the reform of the Anti Discrimination Act, especially with respect to additional grounds of discrimination.

Article 2. Measures to promote gender equality. Occupational segregation. The Committee notes the Government’s indication that it approved the resolution for the Gender Equality Programme in June 2012, which is based on the Government’s first report on gender equality. The aim of the Gender Equality Programme is to alleviate gender segregation in education, career choices and the labour market: active measures are being launched to reduce key gender differences by 2020 by half, with respect to participation in training and results of education at all stages. The ministries’ joint monitoring group has compiled the final report on the implementation of the Gender Equality Plan 2008–11. The Committee recalls the persistent occupational gender segregation in Finland, and the importance of ensuring equality in the area of education. The Committee notes the Government’s indication in this regard that in 2009–10, the education project “Steps for reducing segregation” was completed jointly by the Finnish National Board of Education and the Ombudsperson for Equality to guarantee that Finnish educational institutions had formulated an equality plan covering their operations. It also notes the Government’s indication that the TASUKO (equality and gender awareness in teacher education) project, funded by the Ministry of Education and Culture in 2008–10, was aimed at raising awareness of gender equality in every Finnish university providing teachers’ training. The Committee asks the Government to indicate the concrete action taken under the gender equality policy outlined in the Government’s first report on gender equality 2011, as well as to provide detailed information on the results achieved in the implementation of the Gender Equality Plan 2008–11 with a view to addressing occupational gender segregation. It also asks the Government to provide information on the impact of the education project “Steps for reducing segregation”, and the TASUKO project and any follow-up thereto. Please also provide a copy of the interim report on gender equality policy due in 2016.

Measures to combat racial and ethnic discrimination. The Committee notes the Government’s indication that the extent of discrimination experienced by Somali-language speakers is particularly alarming. According to the European Union Minorities and Discrimination Survey, almost one half of the Somali-language population in the country faced discrimination in 2008. It also notes the Government’s indication that an expert working group was appointed by the Government to promote the integration of the Somali community, and a report of the working group will be issued in December 2012. The Committee further notes that the activities implemented under the national awareness-raising campaign “YES – Equality is priority” included the development of tools for tackling discrimination at the workplace, including the production of materials, organization of training and dissemination of information. In May 2012, under this project, a report “Discrimination in the Finnish Labour Market” was published, which contains data on complaints of labour discrimination, as well as information on a field experiment on discrimination in recruitment. In particular, it was found that Russian-named jobseekers had more difficulties in obtaining an invitation to a job interview. The Committee notes that SAK, AKAVA and STTK draw attention to alleged pay discrimination against migrant workers, and to the fact that only a few cases of discrimination against migrant workers are being reported due to lack of awareness of their rights. The Committee asks the Government to continue to provide detailed information on measures taken, and results achieved, to combat racial and ethnic discrimination in employment and occupation, including against migrant workers, and to provide information on any positive measures that have been taken following training provided under the campaign “YES - Equality is priority”. It also asks the Government to provide information on any activities that are specifically targeted to raise awareness of the rights of migrant workers among the social partners and the law enforcement officials. Please provide a copy of the report of the expert working group on promoting the integration of the Somali community and information on any follow-up thereto.

Access to traditional occupations of the Sámi people. The Committee recalls its previous comments regarding land rights in the Sámi homeland, and the need to ensure the Sámi people’s access to their traditional occupations. The Committee notes the Government’s indication that according to section 4 of the Educational and Cultural Funding Act (1705/2009), municipalities and other education providers operating within the Sámi homeland are granted annual state subsidies to cover the cost of arranging education for the Sámi people. In March 2011, the Parliament of Finland approved the Government’s proposal to amend the Act on structural assistance for reindeer husbandry and nature-based sources of livelihood, aimed at deregulating certain terms for receiving structural assistance from the Government. It also notes the Government’s indication that each year, approximately 140 students attend basic vocational education courses offered by the Sámi Education Institute, which receives direct funding from the state budget. From June 2009 to May 2011, the project on diverse learning environments in the reindeer farming business, financed by the Centre for Economic Development, Transport and Environment of Lapland was attended by 950 participants. The Government further indicates that the labour market training relates to traditional Sámi handcraft skills, construction industry, rural tourism and boat building, and that the views of the Educational Committee of the Sámi Parliament are taken into account in national-level decision-making concerning the development and resource allocation for the education of the Sámi people. The Committee asks the Government to continue to provide information on vocational training for the Sámi people and how it has facilitated the exercise of their traditional occupations. It also asks the Government to indicate to what extent consideration is given to the land-based Sámi people’s livelihood and way of life in establishing and implementing the various projects, as well as the specific measures taken, in cooperation with the Sámi Parliament, to ensure access of the Sámi people to their traditional occupations, and the results achieved.

Access to employment and occupation of other ethnic minorities. The Committee notes the Government’s indication that in July 2009, a Russian-language information service began operating on the National Helpline, which provides information on employment services, as well as workers’ residential permit and visa matters. It also notes the Government’s indication that the new Act on the Promotion of Integration (1386/2010), which entered into force on 1 September 2011, aimed at enhancing and expediting integration and access to employment for immigrants, and basic materials in this regard are translated into several languages including Russian and Somali. Starting from January 2012, the Ministry of Employment and Economy assumed responsibilities in implementing the immigration policy prepared by the Ministry of Interior, in order to promote finding employment in an open labour market for immigrants. The Government adopted its first National Integration Programme pursuant to Act No. 1386/2010 on 7 June 2012. In addition, the AFRO II project aims at improving the under-representation of specific target groups, which includes Russian-speaking and Somali-speaking people, in public sector employment. The Committee asks the Government to continue to provide information on the measures taken to promote access to employment and occupation of Russian-speaking and Somali communities, and to indicate the specific results achieved.

Enforcement. The Committee notes the Government’s indication that in 2011, 182 cases filed before the Office of the Ombudsperson for Equality concerned discrimination, most of which concerned employment, in particular recruitment, pay, and discrimination based on pregnancy and parenthood. It also notes that district courts processed a total of 100 cases based on the Equality Act, most of which concerned discrimination in employment. Administrative courts processed 144 cases related to equality, the majority of which concerned employment or recruitment. The Committee further notes that, in 2010, 152 cases concerning workplace discrimination were reported to the occupational safety and health area of the Regional State Administrative Agency of South Finland, which replaced the occupational safety and health inspectorates; for the district of Uusimaa, the number reported was 157 in 2009. In 2010 the occupational safety and health authorities reported 42 cases and made statements in 75 cases concerning discrimination to the police. The Committee also notes the Government’s indication that the occupational safety and health authorities organize regular meetings with the Ombudsperson on Minorities and the Ombudsperson on Equality, concerning the interpretation of legislation. The Committee notes the observations of the SAK, AKAVA and STTK regarding the differences in the average amounts of compensation ordered by the courts for violations under the Equality Act and under the Anti-Discrimination Act. SAK, AKAVA and STTK also draw attention to the inadequate supervision of compliance with the terms of employment in industries in which migrant workers, including children, are predominantly employed, leading to pay discrimination. The Committee asks the Government to provide information on cases of workplace discrimination, including against migrant workers, handled by the occupational safety and health authorities, the police, the courts and other competent bodies under the Equality Act and the Anti-Discrimination Act, with specific indications regarding their nature and outcome, including compensation paid to individual employees. Please also indicate the specific outcome of the regular meetings among the occupational safety and health authorities, the Ombudsperson on Minorities and the Ombudsperson on Equality.