Demande directe (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Norvège (Ratification: 1959)

Autre commentaire sur C111

Observation

Demande directe

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The Committee notes the observations of the Norwegian Confederation of Trade Unions (LO), which were submitted with the Government’s report, and the observations of the LO and the Norwegian Confederation of Unions for Professionals (UNIO), which were submitted with the Government’s report under the Equal Remuneration Convention, 1951 (No. 100).

Article 1(1)(a) and (b) of the Convention. Legislative developments. The Committee notes the amendment to Article 98 of the Constitution incorporating the principles of non-discrimination and equality. Recalling the existence of the Gender Equality Act, the Ethnicity Anti-Discrimination Act (ethnicity, religion and belief), the Anti-Discrimination and Accessibility Act (disability) and the Sexual Orientation Anti-Discrimination Act (sexual orientation, gender identity and gender expression), all of which contain provisions directed at prohibiting discrimination and harassment in employment and occupation. The Committee further notes the Government’s commitment to developing and proposing a comprehensive equality and anti-discrimination enactment which would replace the four existing gender equality and anti-discrimination Acts in order to provide greater coherence and strengthen protection against discrimination. The Committee notes that the Equality and Anti-discrimination Ombudsperson has stressed the importance of the activity and reporting duty contained in the Ethnicity Anti Discrimination Act and has expressed concern over its lapsing in the drafting of a new comprehensive anti discrimination Bill. The Committee further notes the concerns of the LO and UNIO that the merger of the four Acts will represent a weakening of the protection currently provided in relation to the promotion of equality for women. In particular, the LO indicates that it is proposed to weaken the active duty imposed on employers to promote equality and to report by repealing the reporting obligations and requiring only those enterprises with more than 50 employees to work actively for equality. The UNIO observes that the removal of the active duty and reporting obligations in private enterprises with fewer than 50 employees will mean that most of the private sector will be exempted from gender equality obligations. In the view of both the LO and UNIO, the positive measures advocated by the Government, namely guidance and motivation, should be adopted, but not as a replacement for existing legal obligations. With reference to the Working Environment Act (WEA), the Committee notes the Government’s indication in its report on Convention No. 100 that, as part of its gender equality goals, it will follow up amendments to the WEA that have been adopted to help give employees and employers greater flexibility and opportunities to find local solutions to secure more working hours for part-time positions and more full-time employment. In their observation under Convention No. 100, the UNIO and the LO raise concerns that these changes will impair gender equality and protection in the working environment, particularly for women, by reducing permanent positions and limiting trade union input on issues such as working hours and health risks. The Committee encourages the Government to make every effort to maintain existing protections relating to gender equality and non-discrimination on all of the grounds listed in the Convention. Noting the importance of limiting exceptions to the inherent requirements of the job, and prohibiting discrimination and promoting equality in public and private sector establishments of all sizes, the Committee asks the Government to report on how it has taken the LO’s and UNIO’s concerns into account in the drafting of the new consolidating legislation. It asks the Government to provide information on the outcome of the consolidation initiative and to provide a copy of the new Act upon its adoption along with any guidance and educational materials designed to promote its implementation. The Committee also asks the Government to provide specific information on the amendments to the WEA and their impact on the participation of men and women in the labour market and their employment status and conditions of work.

Article 1(1)(a). Social origin, race and colour. In its previous comments, the Committee noted that the anti-discrimination legislation does not explicitly provide for the prohibition of discrimination based on social origin. The Government previously expressed the view that “social origin” is covered by the grounds of “descent” and “ethnicity”, both of which are enumerated in the anti discrimination legislation. The Committee notes that no new grounds were added to the Ethnicity Anti-Discrimination Act during the 2013 amendment process. It notes from the cases referred to in the Government’s report that the grounds set out in the Ethnicity Anti-Discrimination Act appear to be interpreted broadly to cover, for example, language. The Committee also notes that the Act fully incorporates into national law the United Nations International Convention on the Elimination of all Forms of Racial Discrimination, 1965. The Committee recalls that discrimination based on “social origin” refers to situations in which an individual’s membership of a class, socio-occupational category or caste determines his or her occupational future (see General Survey on the fundamental Conventions, 2012, paragraph 802). Thus, there may be instances where the concept of “social origin” extends beyond “descent” and “ethnicity”. The Committee asks the Government to continue providing information on any cases handled by the Equality and Anti-Discrimination Ombudsperson and the Equality and Anti Discrimination Tribunal specifically addressing discrimination related to “social origin” within the meaning of the Convention (through protection against “descent” and ethnicity, or otherwise), including information on the number, nature and outcome of such cases. The Committee encourages the Government to include explicit protection against discrimination related to “social origin” and “colour” in any new consolidating legislation for purposes of clarity and conformity with Article 1(1)(a) of the Convention.

Discrimination on the basis of political opinion. The Committee previously commented on the protection afforded to domestic workers against discrimination related to political opinion. The Committee notes the Government’s indication that the majority of domestic workers are employed by undertakings which are covered by the WEA’s prohibition on discrimination related to political opinion (when they are engaged by an undertaking to perform work in private households). However, those directly engaged by private employers are not protected against discrimination on the basis of political opinion. The Committee notes the Government’s commitment to ensuring that domestic workers are protected against discrimination on the basis of political opinion and that, following the review of the Norwegian Regulation concerning domestic workers in light of the Domestic Workers Convention, 2011 (No. 189), it will introduce such protection. The Committee hopes that the Government will be in a position to report the concrete steps taken to ensure that all domestic workers are protected against discrimination on the ground of political opinion and to report any new measures adopted to this end.

Article 2. Equality of opportunity and treatment for men and women. The Committee notes that the Equality 2014 action plan for gender equality (2011–14) does not appear to have been followed up by a new gender equality policy or action plan. However, it notes from the Government’s report under Convention No. 100 that the Storting (Parliament) adopted a white paper on Gender Equality in Practice – Equal Opportunities for Women and Men (2015–16). The Government reports that in relation to employment, its efforts are directed at helping to provide more opportunities for young men and women to opt for education and occupations that promote a less gender-divided labour market, and to promote gender equality and diversity in working life. The Committee notes that innovative initiatives have been introduced with the aim of addressing vertical and horizontal labour market gender segregation. The Committee also notes from the information supplied under Convention No. 100 that the findings of a survey on discrimination based on pregnancy and parental leave, conducted in 2014, reveal that 55 per cent of women workers and 22 per cent of men workers report having experienced discrimination associated with pregnancy and parental leave. The Committee notes that the Ombudsperson’s view that the results of the survey are serious and that women report that they face discrimination in all aspects of employment, including termination of employment, loss of pay and missed career opportunities, and that they do not receive the assistance that they need. The results of this survey are also taken up by the Committee under the Workers with Family Responsibilities Convention, 1981 (No. 156). The Committee asks the Government to provide information on the steps taken to address the findings on gender discrimination related to pregnancy and the Ombudsperson’s recommendations, including any steps taken to ensure full compliance with the law. The Committee asks the Government to provide information on the relevant policies, action plans and programmes adopted and any other significant measures taken to implement the aims contained in the white paper and to address specifically the promotion of gender equality in employment and occupation, including entrepreneurship. It is also requested to continue providing information on the specific measures taken to address the vertical and horizontal dimensions of labour market gender segregation and their impact, including relevant labour market statistical information disaggregated by sex. The Government is also requested to provide information on any complaints, decisions and rulings by the Equality and Anti Discrimination Ombudsperson and the Equality and Anti-Discrimination Tribunal concerning gender discrimination in employment, in particular based on the ground of pregnancy.

Equality irrespective of race, colour or national extraction. The Committee notes that both the Norwegian Roma and the Romani/Tater people have low educational attainment levels and low employment rates. The Committee also notes from Norway’s report to the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) 3 February 2016 (CEDAW/C/NOR/9, 1 June 2016) that the report entitled Assimilation and resistance: Norwegian policies towards Tater/Romani people from 1850 to the present finds that employment is rare among Tater/Romani women. The Committee notes the Government’s indication that it is considering how to follow up this report. It notes that the action plan to improve living conditions for Roma in Oslo urged education to be prioritized and this is being followed up. The Committee also notes that the aim of improving immigrant women’s entry into the labour market, set out in the white paper on gender equality referred to above, would be followed up through the Job Opportunity Programme in 2016. The Committee recalls its previous concerns over prejudice based on stereotypes concerning people from different ethnic backgrounds and the resulting discrimination in the labour market. It asks the Government to identify policies and other specific steps taken to improve education levels, access to skills development and employment opportunities for men and women with of Roma, Tater/Romani and immigrant backgrounds without discrimination, and to indicate how gender equality concerns are specifically taken into account in the formulation and implementation of any such measures.

Article 1(1)(b). Sexual orientation. Further to the adoption of the Sexual Orientation Anti-Discrimination Act (sexual orientation, gender identity and gender expression), the Committee notes the adoption of Safety, diversity, openness: The Norwegian Government’s action plan against discrimination based on sexual orientation, gender identity and gender expression 2017–2020, which includes a focus on equal livelihood opportunities. The Committee asks the Government to provide information on the implementation of the action plan in so far as it involves action against discrimination and harassment in employment and occupation.

Articles 2 and 3. Collective agreements and cooperation. The Committee notes that the further development of tripartite collaboration on gender equality in working life is among the Government’s key objectives. According to the Government, the social partners are key players in the efforts to strengthen gender equality in working life, and their roles are especially important in relation to influencing recruitment and shaping vocational training and skills development. While recognizing this, the LO points out that the most important prerequisites for gender equality and a high level of female labour market participation are collective agreements, wage formation and policy development. The Committee asks the Government to continue providing information on action taken in cooperation with employers’ and workers’ organizations to develop and implement measures to combat discrimination and promote equality in employment and occupation, including through collective agreements.

Enforcement. The Committee notes that the Government is considering the recommendations contained in the report of PricewaterhouseCoopers (PwC) on the strengthening of the institutional enforcement system on equality and non discrimination. The recommendations propose setting up a new enforcement system with only one body, a new tribunal which could award compensation and the decisions of which could be appealed through the courts. It is further recommended that the Equality and Anti-Discrimination Ombudsperson should act only as a proactive agent for equality and no longer handle complaints about breaches of the law. The LO is concerned that the proposals presented by PwC will lead to a fragmentation and a serious weakening of the enforcement system. The Committee emphasizes the importance of accessible, knowledgeable, coherent and effective enforcement institutions and laws that impose clear duties on employers, to promote the implementation of equality and non-discrimination law. The Committee asks the Government to report on the results of the work it is undertaking to strengthen the enforcement system.