Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Norway (Ratification: 1959)

1. Article 1 of the Convention. Definition of discrimination. The Committee notes with interest the amendments adopted to the Working Environment Act (Act No. 4 of 1977). It notes the new provisions introduced prohibiting direct and indirect discrimination in employment and occupation (section 54 C). It also notes that section 54 A provides that the prohibition of discrimination applies to all aspects of employment, including access to employment, hiring, replacement, training and other skills development measures, wage and employment conditions and termination of employment. The Committee notes that under section 54 B of the Act, the prohibited grounds of discrimination are sex, religion, life view, colour, national or ethnic origin, political opinion, membership of a workers’ organization, sexual orientation, disability or age. The Committee notes that section 54 G of the Working Environment Act prohibits victimization of an alleged victim and that section 54 I provides in relation to burden of proof that, if it may be presumed that an alleged victim has been discriminated against, the defendant must demonstrate that the prohibition has not been infringed. The Committee notes that victims of discrimination may lodge a claim for redress and compensation for non-economic loss irrespective of whether the employer is at fault (section 54 J).

2. Prohibited grounds of discrimination: Social origin. The Committee notes that "social origin" is not enumerated as a prohibited ground of discrimination in section 54 B of the Working Environment Act. Recalling that "social origin" is one of the prohibited grounds of discrimination set out in Article 1(1)(a) of the Convention, the Committee notes the Government’s statement that it is not clear whether the proposed legislation on protection against ethnic discrimination will cover discrimination based on social origin. It notes that the Bill on protection against ethnic discrimination will be submitted to Parliament (Storting) in the near future. The Committee reiterates its previous request to the Government to provide clarifications with its next report on how the prohibition of discrimination based on social origin is ensured.

3. Scope of legislative protection. With reference to its previous comments, the Committee recalls that under section 2 of the Working Environment Act certain sectors are excluded from the application of the Act, such as shipping, hunting and fishing and homeworkers. It also noted that the Seaman’s Act does not prohibit discrimination based on sex. In this connection, the Committee notes with interest the Government’s statement that the proposed legislation against ethnic discrimination (see point 7) will prohibit discrimination in employment for workers excluded from the scope of application of the Working Environment Act. Please continue to provide information on any measures taken to ensure that the Convention is applied, in law and practice, to workers in all sectors of the economy.

4. Article 1(2). Inherent requirement of the job. The Committee has previously expressed concerns regarding former section 55 of the Working Environment Act which has been repealed by the abovementioned amendments. It notes that the same provision has been introduced in new section 54 D(4) which provides that an employer may ask a job applicant to supply information, inter alia, regarding her/his political, religious, cultural views if this is justified by the nature of the position, or if the purpose of the employer’s activity is to promote particular political, religious or cultural views and the position is essential for the fulfilment of that objective. The Committee hopes that this provision will be applied in conformity with Article 1(2) of the Convention and requests the Government once again to provide information with its next report on the application of the provisions now contained in section 54 D(4), including in particular decisions of the relevant judicial and other bodies competent to enforce the Act.

5. Article 2. Equality of opportunity and treatment of men and women. With reference to its previous comments, the Committee recalls that differential treatment under the Equal Status Act to promote gender equality is authorized for men in education and childcare occupations. It observes in this respect that the number of men working in childcare increased to 8 per cent in 2004, compared to 3 per cent in 1991. The Committee notes that the Department for Children and Families has recently prepared an action plan for equality in childcare (2004-07), the aim of which is to increase the proportion of men employed in childcare to 20 per cent in 2007. The Committee requests the Government to provide information on the results achieved by the action plan on other measures taken or envisaged to encourage men and women workers to engage in non-traditional occupations. Also noting that the Government appointed a committee in October 2003 to examine problems related to the manner in which part-time work is distributed between men and women, the Committee requests the Government to provide a copy of the findings of this committee with its next report.

6. Equality of opportunity and treatment on the grounds of race, colour and national extraction. The Committee notes the Government’s statement that proposed legislation against ethnic discrimination is to be submitted to the Parliament (Storting) in the near future. It also notes that on 1 July 2002 the Government submitted an action plan to combat racism and discrimination (2002-06). The Committee requests the Government to provide detailed information on the measures taken under the action plan to combat ethnic discrimination and to provide a copy of the legislation to combat ethnic discrimination once it has been adopted.

7. The Committee also notes from the Government’s report submitted under Convention No. 122, the numerous initiatives taken by the Norwegian Public Employment Service (Aetat) to integrate immigrants into the labour market, including Aetat’s declaration of June 2003 of a racism-free zone which was the start of a campaign to change attitudes involving the entire agency. It also notes the steps taken to integrate unemployed immigrants through various labour market measures and that the aim of placing at least 60 per cent of unemployed immigrants in work was achieved in 2002. The Committee asks the Government to continue providing information on the measures taken or envisaged to promote equality in access to employment, and to vocational training institutions irrespective of race, colour and national extraction, as well as statistical data on the Norwegian labour market, disaggregated by ethnicity and sex.

8. Enforcement. Parts III and IV of the report form. The Committee also notes that the Government plans to submit a proposal to the Parliament (Storting) in 2004 on the establishment of a new machinery to enforce both the Equality Act and the proposed legislation on ethnic discrimination. The Committee requests the Government to provide detailed information on the progress made with the adoption of these measures.