Observation (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Pays-Bas (Ratification: 1973)

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Observation

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The Committee notes the joint observations of the National Federation of Christian Trade Unions (CNV) and the Netherlands Trade Union Confederation (FNV) received on 30 June 2022 and 30 August 2023, and then communicated by the Government.

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. Legislation. Social origin. Recalling that “social origin” is not mentioned among the prohibited grounds of discrimination set out in the Equal Treatment Act, the Committee notes the Government’s indication, in its report, that: (1) no administrative or judicial decision has been issued regarding discrimination on the ground of social origin; (2) one of the current multi-annual programmes of the Netherlands Labour Authority (NLA, formerly the Labour Inspectorate – SZW) is focused on employment-related psychological pressure, including labour market discrimination, and covers all types of inappropriate behaviours, including but not limited to discrimination on the ground of social origin; and (3) from 2019 to 2023, around 50 complaints on potential instances of discrimination based on social origin resulted in an intervention by the NLA. While noting the lack of information regarding the nature and results of such interventions, the Committee notes the Government’s statement that the Bill on Monitoring Equal Opportunities in Recruitment and Selection covers all grounds of discrimination, and continued tripartite social dialogue is maintained on this issue. In that regard, the Committee notes that the Bill was adopted by the House of Representatives on 14 March 2023 and will be examined by the Senate, but observes that: (1) the Bill only covers access to employment and does not cover all aspects of employment and occupation in the meaning of Article 1(3) of the Convention; and (2) it does not explicitly refer to “social origin” as a prohibited ground of discrimination. The Committee asks the Government to take steps to explicitly prohibit discrimination based on social origin in the national legislation to cover at least all the grounds listed in Article 1(1)(a) of the Convention, in all aspects of employment and occupation. It asks the Government to provide information on any progress made in that regard, including in collaboration with social partners. Pending the adoption of such provisions, the Committee asks the Government to indicate how employees and applicants, in both the public and private sectors, are protected against discrimination based on social origin in practice, as well as any awareness-raising activities undertaken in that regard among the NLA, workers, employers and their respective organizations.

Articles 2 and 3. National equality policy. The Committee notes the Government’s indication that a new Action Plan on Labour Market Discrimination for 2022-2025 is currently being implemented, building on the previous Action Plan. As a result, several actions will be implemented, such as awareness-raising activities among employers and workers about their rights and duties, developing tools to help employers establish fair recruitment procedures, conducting research and drafting legislation. The Government adds that the House of Representatives is informed annually about the progress made in the implementation of the Action Plan, although it is difficult to measure the effect of such policy directly. In that regard, the Committee notes that, in their joint observations, the CNV and the FNV acknowledge the attempts made to measure the effects of the policy but highlight that the Government has not set any goals aimed at reducing discrimination which remains persistent, with one in six workers reporting to have experienced discrimination. The Committee further notes that, in its 2022 conclusions, the European Commission against Racism and Intolerance (ECRI) noted that, in spite of its previous recommendations, neither indicators nor measurable targets were inserted into the Action Plan on Labour Market Discrimination (CRI(2022)03, 2022, page 5). In that regard, the Committee notes that, in its 2023 submission to the United Nations (UN) Committee on Economic, Social and Cultural Rights (CESCR), the Netherlands Institute for Human Rights (NIHR) also regretted that even though the Action Plan sets out the intention to add measurable outcomes, the plan has not yet been updated with measurable outcomes one year after its publication. The Committee welcomes the measures taken and envisaged by the Government to prevent and address discrimination in the labour market but notes the repeated lack of information on the impact of the measures taken. Therefore, the Committee asks the Government to ensure, in collaboration with the social partners, that appropriate indicators and measurable targets are designed and challenges are clearly identified to monitor and improve the effectiveness of any measures taken under the Action Plan on Labour Market Discrimination 2022-25 or otherwise. It asks the Government to provide information on the measures taken under the new Action Plan and their impact, including information from the progress reports presented to the Parliament at regular intervals.

Equality of opportunity and treatment irrespective of race, colour or national extraction. The Committee notes that, according to Central Bureau of Statistics (CBS), the percentage of persons with a migration background in the Netherlands (including second-generation migrants) represented 25.4 per cent of the whole population in 2022. The Committee notes the Government’s indication that several pilot projects were developed within the “For an Inclusive Labour Market “ (VIA) Programme, that ended in 2021, to improve the labour market position of persons with a “non-Western” migration background (i.e. persons of whom both parents were born outside the Netherlands). The Government adds that these workers can also benefit from the generic measures taken to address discrimination, in particular in the framework of the Action Plan on Labour Market Discrimination for 2022-2025 and the Bill on Monitoring Equal Opportunities in Recruitment and Selection, which was adopted by the House of Representatives on 14 March 2023 and is now under consideration by the Senate. The Committee welcomes the appointment of: (1) a National Coordinator on Discrimination and Racism in October 2021 with the task to elaborate a multi-year action plan to combat all forms of discrimination, hate speech and racism; and (2) a Committee of State on Discrimination and Racism in July 2022. The Committee also notes, from a study carried out by the Netherlands Institute for Social Research (SCP), that persons with a “non-Western” migration background, particularly those of Moroccan and Turkish origin, more often experience labour market discrimination, both when looking for work and at work: they have to wait longer before finding a job and before obtaining a permanent contract and they are paid less than other persons (“Monitor of equal opportunities and positions in the labour market regardless of migration background”, November 2021). Observing that the Government acknowledges that several studies showed that applicants with a Turkish or Moroccan name have still fewer opportunities in the labour market, the Committee notes that, in their joint observations, the CNV and the FNV, also express concerns at the persistent discrimination faced by workers with a “non-Western” migration background, in particular young workers and workers of Moroccan and Turkish origin, regarding their participation in the labour market. The trade unions highlight that their unemployment rate is still three times higher compared to Dutch nationals (16 per cent and 5 per cent respectively). The Committee further notes that, in its 2021 concluding observations, the UN Committee on the Elimination of Racial Discrimination (CERD) expressed concerns about: (1) reports of discrimination against students with ethnic minority and immigrant backgrounds, in particular with respect to lower assessment from their teachers for their admission to secondary school and obtaining internships, which has a negative impact on their future prospects on the labour market; and (2) many people with an immigrant background and ethnic minorities who continue to face discrimination in access to employment (CERD/C/NLD/CO/22-24, 16 November 2021, paragraphs 19, 21 and 25). In that regard, the Committee also observes from the Government’s report that the number of cases of discrimination at work reported to the NIHR by persons with a migration background increased from 27 in 2019 to 59 in 2022. Since 2019, the Netherlands Labour Authority received around 60 complaints on potential instances of discrimination against persons with a “non-Western” background which resulted in an intervention by the NLA. In light of the above, the Committee urges the Government to strengthen its efforts to effectively address discrimination and ensure equality of opportunity and treatment in education, employment and occupation for persons with a “non-Western” migration background, including those of Moroccan and Turkish origin. It asks the Government to provide information on: (i) the measures implemented to that end, in particular as regards recruitment and selection processes, including in the framework of the Action Plan on Labour Discrimination and the future legislation on Monitoring Equal Opportunities in Recruitment and Selection; (ii) the activities carried out by the National Coordinator on Discrimination and Racism and the Committee of State on Discrimination and Racism; (iii) any assessment made of the impact of these measures as well as of the situation of persons with a “non-Western” migration background on the labour market; and (iv) the number, nature and outcome of cases of discrimination against persons with a “non-Western” migration background dealt with by NLA, the NIHR, the courts or any other competent authorities.

Migrant workers. The Committee notes the Government’s statement that, in order to address labour exploitation of migrant workers, several measures are being envisaged to implement the recommendations made in October 2020 by the Migrant Worker Protection Task Force in its report entitled “Not Second-Class Citizens”. The Government adds that such measures include: (1) the introduction of a certification scheme for temporary employment agencies; (2) the improvement of registration and housing for migrant workers; and (3) the recruitment of additional labour inspectors. Welcoming this information, the Committee also refers to its comments on the application of the Migration for Employment Convention (Revised), 1949 (No. 97) regarding the concerns expressed by both the CNV and the FNV about: (1) the exploitative labour conditions of migrant workers, in particular those employed as domestic workers; and (2) the lack of effective enforcement of existing laws and regulations, including by the labour inspectorate. In that regard, the Committee notes the Government’s indication that, between 2019 and 2023, around 10 to 15 complaints on potential cases of discrimination against migrant workers resulted in an intervention by the NLA. The Committee urges the Government to take steps to ensure equality of opportunity and treatment for migrant workers in employment and occupation, in particular by combating exploitation of migrant workers and ensuring safe working conditions. It asks the Government to provide information on: (i) any measures and programmes implemented to that end, in particular in order to supervise the activities of temporary employment agencies and strengthen labour inspections in sectors employing a large number of migrants, including domestic work; (ii) any assessment made on the impact of these measures; and (iii) the number, nature and outcome of cases of discrimination against migrant workers detected by or reported to NLA, the NIHR, the courts or any other competent authorities.

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