Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Sweden (Ratification: 1962)

The Committee notes that it received supplementary information while in session which will be examined at its next session.

1. With reference to its previous direct request, the Committee notes with interest the activities undertaken by the Equal Opportunities Ombudsman (JämO), especially with regard to the monitoring of allegations of sex discrimination and allegations concerning employers not fulfilling their obligations to take active measures to avoid discrimination as required under the Equal Opportunities Act (1991:143). It requests the Government to continue providing information on its activities, including information on the number and nature of extra-judicial settlements reached and cases brought before the Labour Court, as well as information on any evaluation of progress achieved towards gender equality through the implementation of the Equal Opportunities Act.

2. Noting that, in the Government's view, it is unclear how effective the prohibitions in the 1994 Ethnic Discrimination Act have been, as well as the view of the Discrimination Ombudsman, who has stated that existing legislation is too weak and too limited, especially with regard to the burden of proof and enforceability, the Committee notes the appointment, in January 1997, of a special investigator in this regard. The Committee notes that in the special investigator's report of December 1997, proposals were made with regard to, inter alia, expanding the Act to include a prohibition against indirect discrimination, providing protection covering the entire recruitment process, adopting a goal-oriented approach for promoting ethnic diversity in working life (under which employers would be required to take active measures) and including a prohibition against ethnic harassment. The Committee, considering that the report proposes that the new amendments should enter into effect on 1 January 1999, requests the Government to keep it informed of the status of these proposals and to provide it with a copy of any amendments to the Act, once adopted.

3. The Committee notes with interest that similar special investigators have been appointed with regard to discrimination in employment on grounds of sexual orientation (January 1997) and discrimination in employment on the grounds of disability (February 1997). Noting that in the reports of the investigators, it is proposed that new laws be adopted to prohibit discrimination on these grounds, the Committee requests the Government to keep it informed on the status of these proposals, and to indicate whether it intends to determine, in accordance with Article 1(b) of the Convention, "sexual orientation" and "disability" as further grounds of prohibited discrimination under the Convention, once relevant laws are adopted.

4. With reference to its previous direct request on measures to improve the situation of groups of different national extraction, the Committee notes that unemployment among non-Nordic citizens increased during the period 1994 to 1996, from 29.8 per cent in 1995 to 30.6 per cent in 1996. Non-Nordic women in particular have an extremely low employment ratio (28.4 per cent in 1996, as compared to 41.4 per cent of non-Nordic men). The Committee notes that the Immigration Board has continued its activities aimed at implementing and monitoring measures to promote the social well-being of immigrants in Sweden, as well as the allocation to the Board of 3 million Swedish kroner for further measures to combat racism and xenophobia. The Committee requests the Government to provide it with a copy of the Immigration Board's report "on personnel with immigrant backgrounds at some national authorities" which found that persons of different national extraction were underrepresented as compared to their percentage of the national population.

5. The Committee notes that in October 1996 the Government had appointed a working party to investigate ways of improving the position of the most disadvantaged ethnic groups in Sweden. Its work, concluded in early 1997, resulted in a comprehensive package of proposals for improving the status of the Romany community, which is currently being discussed within the Government. The Committee requests the Government to provide it with a copy of the recommendations, as well as to indicate the measures taken or envisaged to implement them. It would also appreciate receiving a copy of the report, published in early 1996 by the Immigration Board, containing a description of the situation of Romanies in Sweden.