Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Iceland (Ratification: 1963)

The Committee notes 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:

Repetition

Article 2 of the Convention. Equality of opportunity and treatment between men and women. The Committee notes with interest the adoption of Act No. 10/2008 on Equal Status and Equal Rights of Women and Men, which shows a number of improvements in relation to the law previously in force. It notes, in particular, the introduction of a number of definitions, particularly of the concepts of “direct discrimination” and “indirect discrimination”; the establishment of a Centre for Gender Equality with extended powers; the possibility of imposing fines in cases of non-compliance with the now binding decisions of the Complaints Committee on Gender Equality; the possibility for employees to discuss their wage conditions with a third party, in the context of measures aimed at reducing wage inequalities; the emphasis on efforts aimed at ensuring equal representation of men and women in managerial roles; and the strengthening of obligations on enterprises employing more than 25 persons to formulate and implement a gender equality action plan. The Committee requests the Government to supply information on the results achieved regarding equality of opportunity and treatment between men and women in employment and occupation in the context of implementation of the new legislation, and also on the impact of any other measures adopted in this sphere.

With regard to the definition of indirect discrimination laid down in section 2(2) of Act No. 10/2008 and the exceptions it provides for, the Committee requests the Government to supply further information on cases in which such exceptions may be “appropriate, necessary or justifiable in terms of impartial considerations independent of gender”. The Committee also requests the Government to state the manner in which it is ensured that these exceptions are limited to the inherent requirements of a particular job.

The Committee refers to its previous comment, in which it asked the Government to provide information on the conclusions of the external audit of the 2004 action plan to promote gender equality. It notes the Government’s statement that the Ministry of Social Affairs and Social Security presented a report on the current situation and recent developments in gender equality at the gender equality forum held in January 2009. However, the Committee notes that this report appears to have been prepared by government departments and therefore does not constitute an external audit. The Committee requests the Government to indicate whether the external audit has been finalized and, if so, to provide detailed information on this subject, including, if possible, a copy of the conclusions of the audit. Moreover, it is the Committee’s understanding that a new four-year action plan ended in May 2008 and it requests the Government to provide information on the outcome of its implementation.

The Committee also notes the information supplied by the Government concerning the adoption of the gender equality plan within the national police. It notes that in 2008 the Confederation of Icelandic Employers (SA) and the Icelandic Confederation of Labour (ASI) concluded a protocol to the collective agreements in force, which aims at promoting gender equality in the labour market and contains three main components: the establishment of a system of certification for enterprises, a statistical study concerning gender inequalities in relation to wages, and the preparation of information documents. It also notes the setting up of a joint committee responsible for the implementation of this protocol. The Committee requests the Government to supply information on the results achieved further to the implementation of this protocol.

Employment of women. The Committee notes that, according to the conclusions adopted in November 2008 by the European Committee of Social Rights (ECSR), the employment rate in Iceland increased from 82.3 per cent in 2004 to 84.6 per cent in 2006, while the employment rate for women increased from 78.8 per cent to 80.8 per cent over the same period, both rates being significantly higher than the EU-15 average. According to the ECSR, a budget of 17 million Iceland kronur (approximately €143,000) has been allocated to various projects for the promotion of women’s employment. The Committee further notes that, according to the analytical report accompanying the Commission Opinion on Iceland’s application for membership of the European Union (SEC(2010)153 of 24 February 2010), the increase in the unemployment rate in the country since the start of the financial crisis in autumn 2008 is having a greater impact on men than on women since it particularly affects the construction industry. The Committee requests the Government to supply up-to-date statistical data on trends in the general employment rate and the respective employment rates for men and women, as well as all available information on the consequences of the current economic crisis in this sphere. Also noting the Government’s statement that the project for the evaluation of the operation of employment centres, to which it referred in its previous report, has not yet been completed, it requests the Government to supply information on the results of this evaluation, once they are available.

Occupational segregation of men and women. The Committee notes the Government’s statement that minor changes have been recorded between 2005 and 2007 concerning the percentages of men and women in various occupations, with men, however, still occupying 70 per cent of managerial posts in 2007. It notes that an education project on gender equality was conducted in nursery and primary schools between September 2008 and May 2009, and sought to challenge pupils’ ideas of the respective roles of men and women, including in employment. In this regard, the Committee refers to the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women in which the Government was called upon to take proactive and sustained measures to eliminate stereotypes regarding the roles and responsibilities of women and men, particularly through awareness-raising and education campaigns directed at men and women and also at the media, to conduct research on the impact of these stereotypes and to evaluate the effectiveness of measures taken in this regard in order to identify any shortcomings and carry out the necessary adjustments (CEDAW/C/ICE/CO/6, 18 July 2008). The Committee requests the Government to continue to supply information on the measures taken to combat the occupational segregation of men and women in the labour market.

Equality of opportunity and treatment without distinction as to race, colour or national extraction. Further to its previous comment, the Committee notes the statement in the Government’s report concerning the adoption in 2007 of the Act on the rights and obligations, including with respect to remuneration, of foreign companies that post workers temporarily to Iceland. The Committee requests the Government to send a copy of this new legislation.

Furthermore, it is the Committee’s understanding that the national commission, which reviewed the Act of 2000 on Equal Status and Equal Rights of Women and Men leading to the adoption of the abovementioned Act of 2008, considered the question of the possible adoption of a law with a broader scope, covering grounds of discrimination other than sex. According to the report entitled Multidimensional discrimination policies in the Nordic countries – An overview, published in 2008 by the Nordic Council of Ministers for Gender Equality, this option was, however, rejected on the grounds that numerous issues still needed resolving in the area of gender equality before the scope of the law could be extended in this way. In this regard the Committee refers to the concluding observations of the United Nations Committee on the Elimination of Racial Discrimination (CERD), in which CERD urged the Government to consider adopting comprehensive anti-discrimination legislation addressing all manifestations of racism, racial discrimination, xenophobia and related intolerance in all spheres of life and providing, inter alia, for effective remedies in civil and administrative proceedings (CERD/C/ISL/CO/19-20, 25 March 2010). In this regard the Committee also notes that, in November 2008, the European Committee of Social Rights reiterated its previous conclusions to the effect that the situation in Iceland is not in conformity with Article 1(2) of the European Social Charter, inasmuch as there is no specific law in Iceland prohibiting discrimination in employment on the basis of the criteria listed by the Charter other than sex (namely, race, ethnic origin, religion, disability, age, sexual orientation and political opinions); all that the Constitution and the Administrative Procedure Act contain, are general provisions and it is unclear whether they could offer adequate protection to the victims of discrimination in employment.

In this regard, the Committee notes that, according to the Government’s report, a working party established by the Ministry of Social Affairs and Social Security published a report in January 2009 on the application of Council Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin and of Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation. It notes that, according to the Government’s report, this working party has recommended the drafting of legislation concerning discrimination in the public and private employment markets, the launch of research projects in Icelandic universities on the discrimination criteria addressed by these Directives, and the addition of a new member to the Centre for Gender Equality, who would be responsible for providing assistance for persons who consider themselves victims of discrimination based on any of these criteria and for supervising the implementation of this future legislation against discrimination. The Committee requests the Government to supply information on the follow-up to the recommendations of the working party established by the Ministry of Social Affairs and Social Security.

Finally, the Committee notes the human rights policy adopted by the city of Reykjavik in May 2006, which contains a section devoted to the city as employer and aims, in particular, to combat discrimination on the basis of origin, colour, nationality or culture. It requests the Government to send any available information on the results achieved by the implementation of this policy. It also requests the Government to supply, if applicable, information on any other similar initiatives that have been adopted.

Parts III and IV of the report form. The Committee notes the Government’s statement that, during the reporting period, the Supreme Court did not issue any judgments relating to the Act on Equal Status and Equal Rights of Women and Men. It further notes that the Complaints Committee on Gender Equality issued rulings in 15 cases, three concerning equal pay, one concerning a dismissal, one relating to parental leave, two concerning severance pay, and eight concerning the recruitment of employees. It notes that the Complaints Committee did not find any violation of the law in the dismissal case and established the existence of a violation in just one of the eight cases relating to recruitment. The Committee requests the Government to continue to supply information on any court decision relating to the application of the Convention, and also on the results of the work of the Complaints Committee on Gender Equality. With reference to its previous comment, the Committee also requests the Government to supply information on the action taken by the labour inspection services to ensure the application of the Convention and on the results thereof.