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

The Committee notes the Government’s report and the comments of the Central Organization of Finnish Trade Unions (SAK), the Finish Confederation of Salaried Employees (STTK) and the Commission for Local Authority Employers (KT), included therein. The Committee welcomes the continuing commitment and activities of the Finnish social partners to promote equality and non-discrimination in employment and occupation.

Article 1 of the Convention. Legislation. The Committee notes that in January 2007 the Ministry of Justice started preparations for a reform of the anti-discrimination legislation with a view to covering the prohibited grounds of discrimination in a clearer manner. The Committee recalls that section 6 of the Non-Discrimination Act currently provides that “nobody may be discriminated against on the basis of age, ethnic or national origin, nationality, language, religion, belief, opinion, health, disability, sexual orientation or other personal characteristics”, while discrimination based on gender is covered by the provisions of the Act on Equality between Women and Men. The Committee requests the Government to ensure that in the planned revision of the non‑discrimination legislation all grounds listed in Article 1(1)(a) of the Convention are covered by the legislation. Please indicate the measures taken in this regard.

Discrimination on the ground of pregnancy. The Committee notes that according to the SAK, ending temporary employment relationships because of pregnancy has become more common. It also notes that the Ombudsperson for Equality has submitted a proposal to the Ministry of Labour for an amendment of the Employment Contracts Act to prohibit explicitly non-renewal of fixed-term employment relationships and the limitation of their duration due to pregnancy or the taking of family leave (CEDAW/C/FIN/Q/6, 16 January 2008, paragraph 16). The Committee requests the Government to supply full information on the measures taken to address discrimination based on pregnancy in the context of fixed-term employment relationships, including information on the follow-up to the legislative amendment suggested by the Ombudsperson for Equality.

Article 2. Measures to promote gender equality. Recalling that section 6(a) of the Act on Equality between Men and Women provides for the adoption of gender equality plans by enterprises employing more than 30 employees, the Committee notes the Government’s indication that equality plans are being drawn up in increasing numbers and that this has led many workplaces to address equality issues more openly and objectively. According to a survey undertaken by the SAK, only 53 per cent of workplaces have actually adopted a gender equality plan in conformity with the legislation. The STTK stated that the law does not provide for a sufficient level of prescriptions concerning the content of equality plans and urged employers to better involve personnel in equality planning. The Committee requests the Government to continue to provide detailed information on the adoption and implementation of gender equality plans at the enterprise level, both in the private and public sectors, including on any measures taken to ensure greater involvement of workers and trade unions in the equality planning. The Committee also requests the Government to indicate the measures taken to provide information and training on gender equality planning and the activities carried out by the Office of the Ombudsperson for Equality and the Equality Board to monitor and ensure compliance with section 6(a) of the Act. In this regard, please indicate the number of enterprises formally requested by the Ombudsperson to prepare and submit an equality plan and the number of enterprises fined for non-compliance.

The Committee notes that the Ministry of Social Affairs and Health prepared a report entitled “Men and Equality Policy” with a view to securing a greater involvement of men in the promotion and realization of gender equality. The Government indicates that this aim is to be achieved by means of special measures, e.g. action specifically targeting men. The Committee requests the Government to provide more detailed information on the measures taken or envisaged to achieve greater involvement of men in the promotion of gender equality. The Government is also asked to continue to provide information on the measures taken to address gender-based labour market segregation. The Committee also reiterates its request for information on the final report on the implementation of the Action Plan for Gender Equality 2004–07.

With regard to collective bargaining, the Committee notes from the STTK’s comments that the social partners’ round table on equality recommended the continuation of gender impact assessments of collective bargaining agreements. It was also agreed to examine whether gender-based names and job descriptions of professions are still used. It was further decided that the social partners send equality plans and examples of good practices to the Finnish Centre for Occupational Safety for inclusion in their database. The Committee would appreciate receiving information on the measures taken and results achieved in following up on the round table’s recommendations, including more detailed information on the implementation of gender impact assessments of collective bargaining agreements.

Measures to combat racial and ethnic discrimination. The Committee notes that the Ministry of Labour issued guidelines for the promotion of diversity and non-discrimination in labour administration. The Government also indicates that training offered to immigrants has been expanded. A number of anti‑discrimination projects under the European EQUAL initiative target immigrants, ethnic minorities, asylum seekers and special groups of women, e.g. women from rural areas. A number of awareness-raising and information campaigns were implemented, inter alia, to sensitize work communities and employers. The Committee also notes that a report on good practices to promote diversity in employment was drafted by the Working Group on Employment of the Advisory Board for Ethnic Relations. The Committee requests the Government to continue to provide detailed information on the measures taken to combat racial and ethnic discrimination in employment and statistical information on the labour market situation of groups suffering from racial and ethnic discrimination. Please also provide information on the content of the report on good practices to promote diversity in employment prepared by the Working Group of the Advisory Board for Ethnic Relations.

Access to traditional occupations of the Sami people. The Committee notes from the Government’s report that the Finnish labour administration, in cooperation with the Sami Parliament, has launched a study on Sami businesses and means of livelihood. In this context, the Committee notes that the Committee on Economic, Social and Cultural Rights has recently expressed concern over the legal uncertainty surrounding the question of ownership and use of land in the Sami Homeland, which affects the right of the Sami to maintain and develop their traditional culture and way of life, in particular reindeer herding (E/C.12/FIN/CO/5, 16 January 2008, paragraph 11). The Committee stresses the need, under the Convention, to take appropriate measures to promote and ensure equality of opportunity and treatment of indigenous peoples in employment and occupation, including facilitating the exercise of their traditional occupations. The Committee requests the Government to indicate the measures taken or envisaged, in cooperation with the Sami Parliament, to ensure Sami’s access to their traditional occupations, particularly in the light of section 2 of the Non-Discrimination Act (21/2004) referring to conditions for access to self-employment or means of livelihood.

Access to employment of the Roma and other ethnic minorities. The Committee notes the number of initiatives taken under the Equal Community Initiative Programme with a view to promoting access to employment and occupation of the Roma. It also notes that a Roma contact point has been established in all regional and local employment units and that the results of research on the situation of the Roma in the labour market commissioned by the Ministry of Labour were to be released in 2007. The Committee requests the Government to continue to provide information on the initiatives taken to promote access to occupation and employment of the Roma people and their impact. It also requests the Government to supply information on the findings of the research concerning the situation of the Roma in the labour market commissioned by the Ministry of Labour. Please also provide information on the measures taken or envisaged to promote the access to employment and occupation of Russian-speaking and Somali communities.

Parts III and IV of the report form.  Enforcement. The Committee notes that the Government provides no precise data on the number of cases dealt with by occupational safety and health inspectorates under the Non-Discrimination Act. However, the Government indicates that most of these cases concerned harassment and improper treatment. SAK stated that the occupational safety and health inspectorates have three inspectors to monitor compliance with the Non-Discrimination Act and that additional resources are required to ensure proper monitoring. The Committee requests the Government to provide full information on the complaints brought before the occupational safety and health authorities and the decisions they have taken in this regard. Please also comment on the issue of adequate resource allocations to the authorities charged with monitoring anti-discrimination and equality legislation.

Noting that the Government’s report contains information on one court decision concerning workplace discrimination, the Committee requests the Government to make every effort to provide full information on the number, nature and outcome of any cases involving discrimination in employment and occupation dealt with by the courts or any other competent bodies under the Act on Equality between Men and Women and the Non-Discrimination Act.