Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Netherlands (Ratification: 1973)

1. The Committee notes the comments of the Netherlands Trade Union Confederation (FNV) on the application of the Convention as regards employment of ethnic minorities which were transmitted by the Government on 10 November 1995. It asks the Government to supply its comments so that the Committee is in a position to assess the application of the Convention on this point.

2. The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes with interest the adoption of Act No. 623 of 14 November 1991 amending the Criminal Code to strengthen the penal sanctions against public acts of hatred or discrimination on grounds of race, religion or conviction, sex or sexual orientation (section 137(f) and (g)) and against personal acts of discrimination in a person's exercise of office, profession or business on grounds of race, religion, philosophy of life, sex or hetero or homosexual inclination (section 429/4).

The Committee also notes that under Act No. 623, section 429/4 comes into effect as regards pension schemes on 1 January 1993, except for the provision permitting a distinction between men and women proposed in the draft law - and supported by the Royal Message of 19 October 1988 - to amend the Civil Code and the Law on Equal Treatment of Men and Women which has still not come into effect. The Committee requests the Government to indicate the distinctions between men and women permitted under this draft law and to provide a copy of the legislation when it is enacted.

2. The Committee notes the information supplied by the Government concerning the requests for advice made to the Commission on Equal Treatment for Men and Women in Employment, and the Commission's rulings. It would be grateful if the Government would continue to furnish such information including details on the contents of the rulings and any other activities undertaken by the Commission.

3. The Committee notes from the Fourth Progress Report on the application of the policy of positive action for women in government service, dated 31.12.1990, that an evaluation had been made of the first phase of implementation of the policy in ministries, that a follow-up positive action policy is to be applied to government service in the period 1991-95 and that a service point had been set up in the Ministry of Home Affairs to give advice and information on positive action programmes. It notes the evaluation's findings that positive action programmes can make an important contribution to the attainment of equality objectives. The implementation of such programmes is reported to be at varying stages with many still being prepared and discussed at the decision-making level. In the measures that had been taken, the Committee notes that an emphasis has been on intake as well as promotion: the percentage of women in government service rose in 1990 by 1.3 per cent to be 26.3 per cent of the workforce, with a 1.3 per cent increase of women in higher functions. Nevertheless, the Committee notes that the overall targets set by the Government in the adoption of the various programmes is far from being met.

The Committee thus requests the Government to continue to provide information on the evaluation of positive action programmes for women, including their achievements and the actions contemplated or taken to overcome the identified obstacles to increased success of such programmes, such as staff reductions, low levels of women's technical skills and difficulty in achieving attitudinal changes within government subdepartments. It further requests the Government to supply a copy of the survey to be conducted in mid-1993 on positive action in government service and its ability to attain the aims set.

4. Noting the Government's indication that information from 120 organizations is to be processed in its ongoing study of the subsidy scheme established to assist organizations to pay for certain expenses in drawing up positive action programmes for women in disadvantaged situations, the Committee requests the Government to provide information on the scheme and to supply a copy of the final evaluation report to be published at the end of 1993.

5. Noting the Government's figures showing that 72 per cent of women trained in women's vocational schools for the period 1990-91 found employment thereafter, the Committee requests the Government to provide further information concerning the opportunities for the training of girls and women at vocational centres and on any other efforts undertaken to provide women with a wider occupational choice.

6. The Committee notes the continuation of the Government's efforts to combat racial and ethnic discrimination in the labour market. In particular, the Committee notes that in "The Employment of Ethnic Minorities" plan, the Government has increased the target for employment of ethnic minorities in the central Government from 3 to 5 per cent and extended the programme until 1995. It requests the Government to provide information in its next report on the measures taken to achieve this target and the evaluation of the implementation of the plan, including the level and category of job filled under the plan and the national origin and sex of the plan's beneficiaries.

The Committee notes with interest the Rules of Procedure of the General Union of Employment Agencies (ABU) for combating discrimination which, inter alia, place upon employment agencies obligations and detailed instructions on how to combat direct and indirect discrimination on grounds of race or ethnic origin in recruiting and selecting workers and making them available to customers.

7. The Committee notes from the information attached to the Government's report that a general law on equal treatment is being prepared. It asks the Government to keep it informed of progress on the adoption of such legislation and to supply a copy of the draft.