Observation (CEACR) - adoptée 1995, publiée 82ème session CIT (1995)

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

1. The Committee notes the Government's report. The information supplied by the Government in reply to previous comments regarding reported differences in male and female wages and the gender-divided labour market will be pursued in the context of the report due on Convention No. 100.

2. The Committee notes with concern that no measures have been taken to comply with the 1983 report of the Committee set up under article 24 of the ILO Constitution to examine Norway's application of Article 1, paragraph 2, of the Convention, recommending that the Government remove any inconsistency between section 55A of the Worker Protection and Working Environment Act, No. 4/1977 and this Article. The 1983 report concluded - and the present Committee has endorsed this conclusion - that section 55A is drafted in such a way that it allows employers to question job applicants about their political, religious or cultural views even where such views are not relevant to the inherent requirements for the performance of certain jobs. The Committee had noted the Government's explanation that the parliamentary committee set up to examine the relationship of the two provisions decided in 1992 that there was no contradiction between section 55A and the Convention, and that, if it should appear that section 55A conflicts with the provisions of the Convention, the question of revising the section would be considered again. As the current report is silent on follow-up in this matter, the Committee draws the Government's attention to paragraph 127 of its 1988 General Survey on Equality in Employment and Occupation, which states that Article 1, paragraph 2, of the Convention should be interpreted in such a manner that criteria such as political opinion, national extraction and religion may be taken into account in connection with the inherent requirements of certain posts involving special responsibilities, but that if carried beyond certain limits, this practice comes into conflict with the provisions of the Convention.

3. Since it is the obligation of member States of the ILO under article 19(5)(d) of the Constitution to "take such action as may be necessary to make effective the provisions" of a ratified Convention, the Committee once again urges the Government to keep section 55A under review in the light of the 1983 recommendation in order to ensure that it be worded, interpreted and applied in a manner which does not conflict with the Convention. In particular, it requests the Government to provide information in future reports on any developments, such as court challenges to section 55A, concerning its interpretation and application to jobs where criteria such as political, religious or cultural views are not inherent requirements of the job.

4. The Committee is addressing a request directly to the Government on certain other points.