Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Greenland

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the Government’s first report.

Article 1 of the Convention. Protection against discrimination. Legislation. The Committee notes the reference made by the Government, in its report, to Parliamentary Act on equality between men and women (Act No. 3 of 29 of November 2013) which defines and prohibits direct and indirect discrimination on the basis of sex and provides that every employer shall treat men and women equally in recruitment, relocation, promotion and dismissal, as well as in vocational training and guidance, and offer both men and women equal working conditions (sections 2(1), 10 and 12). The Act applies to both the public and private sectors. The Government adds that section 4 of Parliamentary Act on the legal relationship between employers and salaried employees (Act No. 11 of 29 November 2013) prohibits any dismissal or expulsion of a salaried employee, who has been continuously employed in a company for at least one year, when it “cannot be considered as reasonably justified in the salaried employee's or company's circumstances”. The Committee takes note of this information. It observes however that Act No. 11 of 2013 does not contain any explicit reference to discrimination nor a definition of what should be considered as “reasonably justified”, and only refers to dismissal or expulsion, thus excluding the others aspects of employment and occupation covered under Article 1(3) of the Convention. The Committee notes that no protection against discrimination on the basis of race, colour, religion, political opinion, national extraction or social origin, in employment and occupation, is provided for in law. In that regard, the Committee wishes to draw the Government’s attention to the fact that where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all of the grounds of discrimination specified in Article 1(1)(a) of the Convention (see 2012 General Survey on the fundamental Conventions, paragraph 853). Furthermore, the Committee notes that, in 2021, in the framework of the Universal Periodic Review (UPR), the Danish Institute for Human Rights (DIHR), together with the Human Rights Council of Greenland, specifically recommended that the Government adopt comprehensive legislative measures in order to ensure protection against discrimination, in particular in the labour market (A/HRC/WG.6/38/DNK/3, 22 February 2021, para. 12 and A/HRC/48/10, 14 July 2021, para. 20). It further notes that, in its concluding observations, the United Nations Committee on the Elimination of Racial Discrimination (CERD) made similar recommendations (CERD/C/DNK/CO/22-24, 1 February 2022, para. 14 and 15). The Committee reminds the Government of the need to define and prohibit explicitly in law direct and indirect discrimination based on all the grounds set out in Article 1(1)(a) of the Convention, as well as on any other grounds which the Government may consider appropriate, at all stages of employment and occupation, both in the public and private sectors. It asks the Government to provide information on any legislative progress made in that regard.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee notes that section 2(2) of Act No. 3 of 2013 prohibits harassment and sexual harassment. Section 4(2) of the Act defines sexual harassment as occurring when a person “ is subjected to any unwanted conduct with sexual connotation with the effect or purpose of offending, humiliating, discriminating or weakening that person”. In that regard, the Committee observes that this definition covers only quid pro quo sexual harassment, and not hostile environment sexual harassment. It notes, from the report submitted by the Government to the UN Committee on the Elimination of Discrimination against Women (CEDAW) in 2019, that a National Strategy on sexual assault (“Kiiliisa”) for 2018-2022 was adopted in order to prevent and combat sexual abusive behaviour (CEDAW/C/DNK/9, 30 September 2019, para. 228). The Committee notes however that, in its concluding observations, the CEDAW expressed concern about: (1) the high level of gender-based violence against women and girls, including sexual and domestic violence; and (2) the overall lack of disaggregated data on gender-based violence against women and girls (CEDAW/C/DNK/CO/9, 9 March 2021, para. 20). The Committee asks the Government to take steps to ensure that Act No. 3 of 2013 covers both quid pro quo and hostile environment sexual harassment are covered and provide for appropriate preventive and remedial measures and procedures. It also asks the Government to provide information on:

• (i)any practical steps taken to prevent and combat sexual harassment in employment and occupation, in the framework of the National Strategy on sexual assault (“Kiiliisa”) for 2018-2022 or otherwise;
• (ii)the number of cases of sexual harassment in employment and occupation dealt with by the courts or any competent authorities, the penalties applied and remedies granted.
• (iii)any awareness raising measures for employers, workers and their respective organizations.

Article 1(2). Inherent requirements of the job. 1. Restrictions regarding sex. The Committee notes the Government’s statement that discrimination may be lawful where it is objectively justified and the means of achieving that objective are appropriate and necessary. In that regard, the Committee notes that section 17 of Act No. 3 of 2013 provides that the Government may, after consultation with the Gender Equality Council of Greenland, authorize unequal treatment between men and women when “the purpose of the profession or education consists in the practitioner being of a certain gender”. The Committee asks the Government to provide information on the implementation of section 17 of Act No. 3 of 2013 in practice, in particular by providing concrete examples of cases where this provision was used to limit employment or occupation to a specific gender.

2. Restrictions regarding language requirements. The Committee notes the Government’s indication that some vocational training, employment and occupations do depend on Danish language skills. While Greenlandic is the official main language and many Greenlanders have limited or no Danish language skills this is due to practical reasons regarding Danish speaking teachers and written material. The Government adds that the Greenland Police usually require Danish language skills as a condition for employment. The Committee asks the Government to provide information on:

• (i)the legislative provisions providing for Danish language requirements in education, employment and occupation;
• (ii)cases where, in practice, Danish language requirements are imposed in education, vocational training, employment and occupation; and
• (iii)any measures taken to ensure that such requirements do not lead to discrimination on the basis of race, colour, national extraction or social origin in practice and do not have a discriminatory effect on the education or employment of minority groups, including indigenous peoples.

Articles 2 and 3. National policy to promote equality of opportunity and treatment in employment and occupation. The Committee notes the Government’s indication that the Greenlandic model is based on equality and equal opportunities for all. Recalling the absence of legal protection against discrimination on the basis of race, colour, religion, political opinion, national extraction or social origin, in employment and occupation, the Committee asks the Government to provide information on any measures taken to elaborate and implement a national policy to ensure equality in employment and occupation, with a view to eliminating discrimination based on race, colour, sex, religion, political opinion, national extraction and social origin.

Equality of opportunity and treatment for men and women. The Committee notes the Government’s indication that, pursuant to sections 26 to 36 of Act No. 3 of 29 of November 2013, the Gender Equality Council was established in 2013, and that it may: (1) prepare proposals for national authorities on gender equality measures; (2) work on gender discrimination issues in the labour market; and (3) perform information work with the aim of changing the negative aspects of the traditional gender roles. The Committee notes, from the data published by Statistics Greenland, that, in 2020, women represented 45.7 per cent of the workforce and more than 64.3 per cent of women were working in the public administration and services, compared to 25.1 per cent for men. It further notes that men were mostly employed in construction (91.1 per cent of men), fishing (82.8 per cent of men) and transportation (77.2 per cent), while women were concentrated in public administration and services, finance and insurance (64.2 per cent) and accommodation and service activities (51.5 per cent). The Committee notes that, according to Statistics Greenland, while gender distribution in primary and lower secondary school is equally distributed, at higher education levels, women are over-represented in the upper secondary education. It however notes, from the information submitted by the Government to the CEDAW in 2019, that at higher education level, women represent the majority in all fields of study, except in science. Furthermore, concerning vocational training, men tend to seek education in areas related to construction and areas traditionally dominated by men, while women are primarily seeking health or service education. The Government further indicated to the CEDAW that women are more often employed in part-time work than men and men are over-represented in various types of senior positions (CEDAW/C/DNK/9, para. 238, 240 and 247). The Committee asks the Government to provide information on the measures taken toimprove gender equality in education, employment and occupation, including by:

• (i)addressing gender stereotypes and occupational segregation;
• (ii)increasing the participation of women in decision-making positions; and
• (iii)enhancing opportunities for women working part-time to work longer hours or engage in full-time employment, if they so wish.

The Committee also asks the Government to provide:

• (i)information on any activities undertaken and recommendations made by the Gender Equality Council to that end; and
• (ii)statistical information on the participation of men and women in education, training, employment and occupation, if possible disaggregated by occupational categories and positions, both in the public and private sectors.

Article 3(a) Cooperation with workers’ and employers’ organizations. Collective agreements. The Committee notes the Government’s indication that: (1) labour conditions are primarily regulated by the social partners through collective agreements; and (2) the provisions of any collective agreements as well as individual employment contracts should not, in practice, be in conflict with the provisions of the Convention. The Committee asks the Government to provide information on the measures taken to ensure that, in practice, collective agreements contain no provisions of a discriminatory character in respect of access to, training for, advancement in or retention of employment or in respect of the terms and conditions of employment. It also asks the Government to provide samples of the relevant provisions of collective agreements regarding prohibition of discrimination in employment and occupation.

Article 4. Activities prejudicial to the security of the State. The Committee notes the Government’s indication that the Greenlandic Chief of Police makes decisions on security approvals of applicants for certain positions. The decision can be appealed to the courts. The Committee asks the Government to provide information on the application of this provision in practice, in particular the positions concerned.

Article 5. Special measures of protection.The Committee notes that, pursuant to section 16 of Act No. 3 of 2013, measures aimed at assisting a particular gender in order to promote equal opportunities between men and women shall not be considered as discrimination. The Committee asks the Government to provide information on the application of section 16 of Act No. 3 of 2013, in practice, including by specifying any affirmative measures taken to promote equal opportunities between men and women in employment and occupation, and the results achieved.

Awareness-raising and enforcement. The Committee notes the Government’s statement that anti-discrimination is an integral part of Greenlandic society and efforts have effectively been made to raise awareness of discrimination through several legislative measures and initiatives. The Committee notes that, in 2021, in the framework of the UPR, the DIHR, together with the Human Rights Council (HRC) of Greenland, recommended that the Government establishes an independent appeals board regarding discrimination cases (A/HRC/WG.6/38/DNK/3, 22 February 2021, para. 12 and A/HRC/48/10, para. 20). Noting the Government’s indication that no decision was issued regarding issues covered by the principles of the Convention, the Committee recalls that where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see 2012 General Survey, paragraph 870). In addition, the Committee notes that, in its concluding observations, the CEDAW expressed concerned about the general lack of awareness among government officials and women themselves, in particular in Greenland, which may prevent them from claiming their rights (CEDAW/C/DNK/CO/9, para. 12). In light of the above, the Committee asks the Government to provide information on:

• (i)the measures taken, including in collaboration with DIHR and the HRC of Greenland, to raise public awareness and to enhance the capacity of the competent authorities about discrimination and equality in employment and occupation, the procedures and remedies available;
• (ii)the number and nature of any complaints or cases of discrimination dealt with by the Ombudsman, the Gender Equality Council, the courts or any other competent authority, the sanctions imposed, and the remedies granted; and
• (iii)any follow-up measures to the recommendation made by the DIHR and the HRC of Greenland regarding the establishment of an independent appeals board for discrimination cases.