Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Norway (Ratification: 1959)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Article 1(1)(a) and (b) of the Convention. Legislative developments. The Committee notes the Government’s indication, in its report, that in July 2020 the Anti-Discrimination Tribunal was empowered to handle cases of unlawful retaliation against whistle-blowers (except in cases of termination or dismissal). It also notes the amendments to the Working Environment Act (WEA, already amended in 2015 and 2019) introducing, as of 1 January 2023, new regulations to strengthen the right to full-time work. In reply to the Committee’s previous comment, the Government indicates that a guide for the employer’s activity and reporting duties has been developed and that the Norwegian Labour Inspection Authority, the Equality and Anti-Discrimination Ombud and some employers’ and workers’ organizations compiled a guide to prevent and address sexual harassment at work. The Committee asks the Government to continue to provide information on any legislative development and its implementation in practice.

Article 1(1)(a). Discrimination on the basis of sex. The Committee notes the Government’s indication that an evaluation of the action plan against discrimination based on sexual orientation, gender identity and gender expression 2017–20 was carried out in 2021. The evaluation found that the impact of the measures linked to working life was not particularly high. Consequently, it recommended that measures targeting the world of work be continued in a new plan in a more concrete and binding way than previously. The action plan was renewed for 2021–23 but, in February 2023, a new action plan for gender and sexual diversity (2023–26) was launched, replacing the former action plan. The Committee also notes that a white paper on sexual harassment should be submitted to Parliament in 2024. The Government adds that 36 cases of alleged sexual harassment were brought before the Anti-Discrimination Tribunal during the reporting period: six were heard in full by the Tribunal and in four cases the Tribunal found in favour of the complainant. The Committee further notes that the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) recommended that Norway ensure the effective implementation of criminal and administrative legislation for the prevention of sexual harassment in the workplace, with special attention to sectors with an increased risk, such as the fishing industry or the armed forces (CEDAW/C/NOR/CO/10, 28 February 2023, paragraphs 42-43). The Committee asks the Government to continue to provide information on: (i) the cases of sexual harassment, in employment or occupation, brought before the Anti-Discrimination Tribunal and their outcomes; and (ii) the implementation of the action plan for gender and sexual diversity (2023–26), in so far as it involves action against discrimination and harassment in employment and occupation.

Discrimination on the basis of social origin. In previous comments, the Committee noted that the anti-discrimination legislation does not explicitly provide for the prohibition of discrimination based on social origin. It explained that, contrary to what a Norwegian law commission established in 2007, the discriminatory ground of social origin, as defined in the Convention, is not fully covered by the concepts of “descent” and “ethnicity”. The Committee wishes to recall, once again, that discrimination based on social origin arises when an individual's membership in a class, socio-occupational category or caste determines his or her occupational future, either because he or she is denied certain jobs or activities, or because he or she is only assigned certain jobs. Social origin may be viewed mainly in terms of social mobility, defined as the possibility for an individual to move from one class or social category to another (1996 General Survey, Equality in Employment and Occupation, paragraphs 43-44). The Committee notes the information provided by the Government, in reply to its previous comment, on the number and outcomes of cases handled by the Anti-Discrimination Tribunal but highlights that all those cases are related to discrimination based on ethnicity in the strict sense of the term, and not on “social origin” within the meaning of the Convention. The Committee asks the Government to provide information on: (i) any measures taken or envisaged to prohibit explicitly discrimination based on social origin; and (ii) any cases handled by the Anti-Discrimination Tribunal specifically addressing discrimination related to social origin within the meaning of the Convention, including information on the number, nature and outcome of such cases.

Discrimination on the basis of political opinion. Domestic workers. Previously, the Committee noted the Government’s commitment to ensure that domestic workers are protected against discrimination on the basis of political opinion. The Committee notes the Government’s statement that Norway ratified the Domestic Workers Convention, 2011 (No. 189) in July 2021. The Committee asks the Government to provide information on any measures taken to ensure that all domestic workers are protected against discrimination on the ground of political opinion.

Article 2. Equality of opportunity and treatment for men and women. The Committee notes the data provided by the Government, showing that, in 2022, the proportion of men and women between 20 and 64 years of age in part-time employment was, respectively, 12.6 and 31.2 per cent. The Government emphasizes that the above-mentioned amendments to the WEA specified that “as a rule, an employee shall be employed full time” and that a need for part-time employment must be documented by the employer and discussed with the workers representatives (sections 14-1(a) and (b)). The Committee also notes the Norwegian Gender Balance Scorecard 200 published by the Centre for Research on Gender Equality (CORE) for 2022. According to this publication, within the 200 largest companies in the country, women represented only 15.5 per cent of Chief Executive Officers, 13 per cent of Board Chairs, 27 per cent of Executive Committee members, and 32 per cent of Board members. It further notes the concerns expressed by the CEDAW that: (1) women carry a disproportionate care burden (for children as well as for older family members), which hampers their career prospects; (2) the labour market remains highly segregated based on gender, with women being overrepresented in certain lower-paying sectors and in public and part-time positions and underrepresented in the private sector and in managerial posts; (3) there was no plan to systematically address discriminatory stereotypes concerning women and girls belonging to certain racial, ethnic and religious groups, resulting in intersecting forms of discrimination; and (4) girls’ and boys’ educational and occupational choices continued to be gendered. It recommended that the Government to adopt gender equality legislation which would require large companies to have at least 40 percent of their boards be women; extend this quota to medium-scale companies and to women’s representation at the executive level; and conduct a study on the underrepresentation of women in managerial posts, with a view to identifying potential gender bias and developing strategies to address it (CEDAW/C/NOR/CO/10, paragraphs 24, 36, 40, and 41(b)). The Committee asks the Government to continue to provide information on the initiatives taken to promote gender equality in employment and occupation, and to address the vertical and horizontal dimensions of labour market gender segregation. Please provide information, including labour market statistical information, on the progress achieved. The Committee also asks the Government to continue to provide information on cases dealt with by the Anti-Discrimination Tribunal concerning gender discrimination in employment.

Equality irrespective of race, colour, national extraction and religion. The Committee notes the Government’s statement that Norwegian working life is, to a certain extent, characterized by an ethnic division and that prohibition of discrimination is not sufficient: active equality efforts from many different actors (public authorities and private employers, in collaboration with workers and their representatives) are necessary. It also notes the information provided by the Government in reply to its previous comment, notably on: (1) the submission to Parliament, in December 2020, of a white paper on national minorities (that is, namely Kvens (Norwegian Finns), Forest Finns, Jews, Roma, and Tater/Romani); (2) the launch in 2020 of a web-based data hub on ethnic and religious minorities with statistics and research in areas such as work, education and economy; (3) the adoption of a new Integration Act that entered into force on 1 January 2021 which is aimed at, inter alia, supporting immigrants to integrate into Norwegian society and to become economically independent by acquiring formal qualifications and a stable connection to work life; (4) the “Job Opportunity” programme aimed at immigrants between 18 and 55 years of age who require basic qualifications and are currently not likely to get a job in the labour market (the main goal of this programme is to increase employment among immigrant women who are far from the ordinary labour market); (5) a grant to develop an existing online guide providing help and information to persons who have experienced racism and discrimination, so that it also applies to working life; (6) the presentation to Parliament, during the spring session of 2024, of a white paper on integration policy; and (7) the action plan against racism and discrimination on the grounds of ethnicity and religion (2020–23) comprising measures in relation to work life, education and public service (some of which take account of differences between genders), with a new plan expected by the end of 2023. The Committee also notes: (1) the information on the website of the Directorate of Immigration and Diversity (IMDi) that “Norwegian-born persons with immigrant parents are more often employed than immigrants but to a somewhat lesser extent than persons without an immigrant background” (according to an OECD report, in 2019 the, overall employment rates of immigrants’ offspring remained 10 percentage points below their peers with native-born parents, and gaps increase with qualification levels (OECD (2022), Skills and Labour Market Integration of Immigrants and their Children in Norway, page 8)); and (2) the CEDAW’s concerns that women belonging to underrepresented groups, who are disadvantaged and marginalized because of discriminatory structures, institutions and systems, including migrant women, Sami women, women with disabilities and women victims of gender-based violence, face barriers to integrate into the labour market (CEDAW/C/NOR/CO/10, paragraph 40(e)). The Committee asks the Government to continue providing information on: (i) any measures taken to fight racism and discrimination in the world of work and to facilitate the integration and access to employment and occupation of migrant workers and national minorities; (ii) how gender equality concerns are specifically taken into account in the formulation and implementation of such measures; and (iii) the measured impact and progress achieved.

Enforcement. The Committee notes the Government’s information about the initiatives (guidelines and templates, trainings, information campaigns, and so on) taken by the Directorate for Children, Youth and Family Affairs (Bufdir) as well as the Equality and Anti-Discrimination Ombud and the social partners, to support employers and public authorities in carrying out their obligations. The Government recognizes, however, that the strengthened obligations of employers with regard to equality are still not well known. In reply to the Committee’s previous comment, the Government also indicates that the Equality and Anti-Discrimination Ombud has been tasked with following up on the activity and reporting duty of public authorities and employers, and that it can appeal the employer’s equality report to the Anti-Discrimination Tribunal if it considers that it is flawed. In 2023, it appealed an equality report (that of the Police) to the Tribunal for the first time. The complaint has not been considered yet. The Committee also notes that the information provided by the Government on all the cases filed with and handled by the Anti-Discrimination Tribunal on various grounds (sexual harassment; ethnicity; religion and belief; political opinion; and gender, pregnancy, parental leave and care responsibilities) shows that only 40 per cent are examined in full by the Tribunal (150 out of 373 cases filed), and in only 37 cases (that is, namely 24 per cent of those examined and 10 per cent of all cases filed) the Tribunal concluded that there had been discrimination. The CEDAW had also expressed concerns about the low percentage of cases examined on the substance, adding that there are reports that there is no system in place to ensure that the Tribunal’s decisions lead to systematic and sustainable change. It had also recommended that the Government provide capacity-building programmes to judges and law enforcement officials to facilitate effective access to protection and independent and confidential complaint mechanisms for victims of sexual violence and discrimination in the workplace (CEDAW/C/NOR/CO/10, paragraphs 16 and 43(b)). In its 2022 country report on non-discrimination for Norway (page 61), the European network of legal experts in gender equality and non-discrimination also underlined that the total number of court cases on discrimination remained sparse, especially compared with the volume of cases brought before the Equality and Anti-Discrimination Ombud. The Committee asks the Government to continue providing information on: (i) any measures taken to enforce the duty of employers related to equality, and the results achieved; (ii) cases handled by the Anti-Discrimination Tribunal and the courts and their outcome; and (iii) measures taken to facilitate access of victims of discrimination to remedial procedures.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the observations of the Norwegian Confederation of Unions for Professionals (UNIO), which were submitted with the Government’s report, and the observations of the UNIO and the Norwegian Confederation of Trade Unions (LO), which were submitted with the Government’s report under the Equal Remuneration Convention, 1951 (No. 100). It also notes the further observations submitted by the Confederation of Norwegian Enterprise (NHO) and the International Organization of Employers (IOE) on 1 October 2020. The Committee requests the Government to provide its comments in this respect.

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government and the social partners this year, as well as on the basis of the information at its disposal in 2019.

Article 1(1)(a) and (b) of the Convention. Legislative developments. The Committee notes the adoption of the Equality and Anti-Discrimination Act (EADA), which entered into force on 1 January 2018, replacing the four previous Acts on gender equality and anti-discrimination: the Gender Equality Act, the Ethnicity Anti-Discrimination Act (ethnicity, religion and belief), the Anti-Discrimination and Accessibility Act (disability) and the Sexual Orientation Anti-Discrimination Act (sexual orientation, gender identity and gender expression). It also notes the amendments to the Working Environment Act (WEA, already amended in 2015), which entered into force on 1 January 2019, and the amendments to the EADA, as well as to the Act relating to the Equality and Anti-Discrimination Ombud and the Anti-Discrimination Tribunal (Equality and Anti-Discrimination Ombud Act, EAOA), which entered into force on 1 January 2020. Section 6 of the EADA prohibits discrimination on the basis of gender, pregnancy, leave in connection with childbirth or adoption, care responsibilities, ethnicity (which includes national origin, descent, skin colour and language), religion, belief, disability, sexual orientation, gender identity, gender expression, age or combinations of these grounds. In addition to information on the development of the new legislation, the Committee, in its previous comments, had requested information on any guidance and educational materials designed to promote its implementation. It notes that the Government did not provide information on the latter in its report. Noting the concerns of UNIO and LO that the 2015 amendments to the WEA – which purported to help give employees and employers greater flexibility and opportunities to find local solutions to secure more working hours for part-time positions and more full-time employment – would impair gender equality and protection in the working environment, the Committee also asked the Government to provide specific information on the impact of these amendments on the participation of men and women in the labour market and their employment status and conditions of work. In this regard, the Government indicates that a four-year research project was set up to monitor the effects of the amendments to the WEA. According to the Government, its findings indicate that the share of temporary employment has remained stable with a slight increase for young workers (the group where it is the highest) in the last three to four years. The gender disparities are also stable over time, with women more likely to be in temporary employment than men. In this regard, the Committee notes the UNIO’s observations that persistent pressure on working time arrangements, in particular shift-work with long working hours and night work, are having health-related consequences that are not taken into account, especially in the health sector where female workers predominate. The Committee asks the Government to provide information on the measured impact of the new legislation and its implementation in practice. Please also provide information on any guidance and educational materials designed to promote its implementation.

Article 1(1)(a). Sex. The Committee notes the Government’s indication that the upholding of the prohibition of sexual harassment was exclusively reserved to the ordinary courts of justice until the Anti-Discrimination Tribunal was also given this mandate as of 1 January 2020. The Government provides information on the 11 cases registered by the Tribunal as of 3 July 2020. The Committee also notes that, in reply to its request to provide information on the implementation of the action plan against discrimination based on sexual orientation, gender identity and gender expression 2017–2020, in the area of employment and occupation, the Government indicates that the relevant measures have not yet been implemented but that they will be by 2020. The evaluation report should be available by March 2021. The Government started to work on a new action plan covering the next four years. The Committee asks the Government to continue to provide information on the cases of sexual harassment, in employment or occupation, brought before the Anti-Discrimination Tribunal and their outcomes. It also reiterates its request to the Government to provide information on the implementation of the action plan against discrimination based on sexual orientation, gender identity and gender expression 2017–2020, in so far as it involves action against discrimination and harassment in employment and occupation (including a copy of the evaluation report). Please also provide a copy of the new action plan.

Article 1(1)(a). Social origin, race and colour. In its previous comment, the Committee encouraged the Government to include explicit protection against discrimination related to “social origin” and “colour” in any new consolidating legislation for the purposes of clarity and conformity with Article 1(1)(a) of the Convention. It notes with interest that section 6 of the new EADA explicitly prohibits discrimination on the basis of “ethnicity” and specifies that it “includes national origin, descent, skin colour and language”. However, the legislation still does not explicitly provide for the prohibition of discrimination based on social origin. In this regard, the Committee notes the Government’s statement that the reference to the prohibition of discrimination on “other essential aspects of a person” (in section 1 of the EADA) also covers ‘social origin’ and its reiterated opinion that “social origin is mostly covered by the provision against discrimination on the basis of ethnicity, which also includes descent”. The Committee recalls, once again, that discrimination based on “social origin” refers to situations in which an individual’s membership of a class, socio-occupational category or caste determines his or her occupational future (see General Survey on the fundamental Conventions, 2012, paragraph 802). Thus, there may be instances where the concept of “social origin” extends beyond “descent” and “ethnicity”. The Committee notes the information provided on cases handled by the Equality and Anti-Discrimination Ombud and the Anti-Discrimination Tribunal. In view of the above, the Committee asks the Government to continue providing information on any cases handled by the Equality and Anti-Discrimination Ombud and the Anti-Discrimination Tribunal specifically addressing discrimination related to social origin within the meaning of the Convention, including information on the number, nature and outcome of such cases. Please also provide information on any measures taken or envisaged to prohibit explicitly discrimination based on social origin.

Discrimination on the basis of political opinion. The Committee previously hoped that the Government would be in a position to report the concrete steps taken to ensure that all domestic workers were protected against discrimination on the ground of political opinion and to report any new measures adopted to this end. The Committee notes the Government’s indication that it is currently examining the necessary amendments to the legislation in order to be able to ratify the Domestic Workers Convention, 2011 (No. 189), and that protection against discrimination is part of the review. The Committee asks the Government to keep it informed of any progress made towards ensuring that all domestic workers are protected against discrimination on the ground of political opinion.

Article 2. Equality of opportunity and treatment for men and women. In its previous comment, the Committee asked the Government to provide information on: (1) the steps taken to address gender discrimination related to pregnancy and the Ombud’s recommendations; (2) the significant measures taken to address the promotion of gender equality in employment and occupation, including entrepreneurship; (3) the specific measures taken to address the vertical and horizontal dimensions of labour market gender segregation and their impact, including statistical information; and (4) any complaints, decisions and rulings by the Equality and Anti-Discrimination Ombud and the Anti-Discrimination Tribunal concerning gender discrimination in employment, in particular based on the ground of pregnancy. The Committee notes: (1) the Government’s indication, on the one hand, that women only hold 25 per cent of the positions in the executive committees of the 200 largest companies in Norway, that 86 per cent of their CEOs are men, and that, in 2017, only 30 per cent of entrepreneurs were women, and, on the other hand, that the newly adopted EADA provides strong protection against discrimination for pregnant women and parents who use their rights to parental leave; (2) a number of initiatives put in place to achieve a less gender-divided education and labour market in the near future such as additional points given to the under-represented gender in university applications, and projects such as “Men in Healthcare” or “Girls and Technology”; and (3) the information provided in the report on cases handled by the Equality and Anti-Discrimination Ombud and the Anti-Discrimination Tribunal established by the EAOA as well as by their predecessors. Regarding the statistical information provided by the Government, the Committee notes that, in 2019, women represented 70 per cent of employees in the public sector and only 36 per cent in the private sector. They represented 80 per cent of workers in human health and social work activities and only 9 per cent in construction. The Committee asks the Government to continue to provide information on the initiatives taken to promote gender equality in employment and occupation and to address the vertical and horizontal dimensions of labour market gender segregation. Please provide information, including labour market statistical information, on the progress achieved. The Committee also asks the Government to continue to provide information on any complaints, decisions and rulings by the Equality and Anti-Discrimination Ombud and the Anti-Discrimination Tribunal concerning gender discrimination in employment.

Equality irrespective of race, colour or national extraction. Previously, the Committee asked the Government to identify policies and other steps taken to improve education levels, access to skills development and employment opportunities for men and women of Roma, Tater/Romani and immigrant backgrounds, and to indicate how gender equality concerns are specifically taken into account in the formulation and implementation of any such measures. The Committee notes the Government’s indication that Norway does not keep registers on the basis of ethnicity and therefore cannot measure levels of employment according to ethnic origin but that a white paper concerning national minorities will be presented to Parliament in 2020. The Committee also notes the concluding observations of the United Nations Committee on the Elimination of Racial Discrimination (CERD), the United Nations Human Rights Committee (CCPR) and the United Nations Committee on Economic, Social and Cultural Rights (CESCR), in which they indicated that they remained concerned that: (1) unemployment rates of persons belonging to ethnic minorities or with migrant backgrounds remain high (11.2 per cent) and the unemployment rate among immigrants is more than three times as high as the general population, with immigrants from Africa having the lowest employment rates; (2) there is a lack of clear guidelines on preventing discrimination in recruitment processes; and (3) there is a persistence of, and an insufficient focus on, the harassment and discrimination faced by ethnic minorities and persons of immigrant background in the workplace. The CERD requested the Government to ensure that the new action plan against racism and discrimination on the grounds of ethnicity and religion or other related action plans or studies provide for the investigation of and address harassment and discrimination faced by ethnic minorities and persons of immigrant background in the workplace (CERD/C/NOR/CO/23-24, 2 January 2019, paragraphs 17-18, CCPR/C/NOR/CO/7, 25 April 2018, paragraphs 8 and 9, and E/C.12/NOR/CO/6, 2 April 2020, paragraph 20). The Committee further notes the Government’s pledge to prioritize investment in education, qualification and skills in its ‘integration strategy’; to strengthen its efforts to prevent segregation and exclusion; and to amend the integration schemes in order to obtain better results. It notes that in July 2019, the Government introduced changes to provide increased opportunities for education and that it simplified the wage subsidy scheme. The Committee asks the Government to provide information on the measured impact and progress achieved in relation to: (i) the integration strategy; (ii) the white paper concerning national minorities; and (iii) the action plan against racism and discrimination on the grounds of ethnicity and religion. It reiterates its request to the Government to indicate how gender equality concerns are specifically taken into account in the formulation and implementation of such measures.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Articles 2 and 3. Collective agreements and cooperation with workers’ and employers’ organizations. The Committee notes the information provided by the Government, in reply to its previous request, including the fact that the Advisory Committee on Labour Market and Pension Issues, a tripartite body, discusses regularly the topic of gender equality (with a subgroup on working life) with a view to promoting activities geared towards gender equality in business undertakings and knowledge-sharing.

Enforcement. The Committee previously asked the Government to report on the work undertaken to strengthen the enforcement system. The Committee notes the Government’s indication that this system was reorganized in 2018: the handling of complaints was transferred from the Ombud to the new Tribunal whose statements and decisions can be challenged in the court system. The Committee notes the Government’s indication that the Tribunal may award redress only in cases regarding employment but that, notwithstanding a conclusion that a violation has been committed, it will award redress (for non-monetary losses) only if the plaintiff has submitted a claim to that effect. In most cases, the claim for financial loss must be pursued before a court of law. The Committee also notes that: (1) the CERD, in its concluding observations, emphasized that, while there is an active reporting duty set out in the EADA requiring employers to take active measures to promote equality, there are no penalties for failure to do so, and asked the Government to ensure that the EADA includes penalties for lack of compliance (CERD/C/NOR/CO/23-24, paragraphs 17 (e) and 18 (e)); (2) UNIO, in its observations, regrets that the duty to account for measures taken to promote equality is weakened for gender equality in the new consolidated legislation; (3) LO does not consider that a gender neutral law represents a strengthening but welcomes the 2020 revision of the EADA and the EAOA (strengthening the employers’ obligation to promote equality and transferring the individual complaint mechanism in cases of sexual harassment from the courts to the Anti-Discrimination Tribunal); and (4) NHO and IOE underline the need for procedural rights with regard to the Anti-Discrimination Tribunal procedure, namely a fair assessment of evidence and secure basic principles. The Committee asks the Government to provide information on cases handled by the Anti-Discrimination Tribunal, other than those reported under the grounds above, including those who may have been challenged in court, and the outcome of such procedure. It also requests the Government to indicate the measures taken to enforce the duty of employers, under the EADA, to report on their active promotion of equality, and the results achieved.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the observations of the Norwegian Confederation of Trade Unions (LO), which were submitted with the Government’s report, and the observations of the LO and the Norwegian Confederation of Unions for Professionals (UNIO), which were submitted with the Government’s report under the Equal Remuneration Convention, 1951 (No. 100).

Article 1(1)(a) and (b) of the Convention. Legislative developments. The Committee notes the amendment to Article 98 of the Constitution incorporating the principles of non-discrimination and equality. Recalling the existence of the Gender Equality Act, the Ethnicity Anti-Discrimination Act (ethnicity, religion and belief), the Anti-Discrimination and Accessibility Act (disability) and the Sexual Orientation Anti-Discrimination Act (sexual orientation, gender identity and gender expression), all of which contain provisions directed at prohibiting discrimination and harassment in employment and occupation. The Committee further notes the Government’s commitment to developing and proposing a comprehensive equality and anti-discrimination enactment which would replace the four existing gender equality and anti-discrimination Acts in order to provide greater coherence and strengthen protection against discrimination. The Committee notes that the Equality and Anti-discrimination Ombudsperson has stressed the importance of the activity and reporting duty contained in the Ethnicity Anti Discrimination Act and has expressed concern over its lapsing in the drafting of a new comprehensive anti discrimination Bill. The Committee further notes the concerns of the LO and UNIO that the merger of the four Acts will represent a weakening of the protection currently provided in relation to the promotion of equality for women. In particular, the LO indicates that it is proposed to weaken the active duty imposed on employers to promote equality and to report by repealing the reporting obligations and requiring only those enterprises with more than 50 employees to work actively for equality. The UNIO observes that the removal of the active duty and reporting obligations in private enterprises with fewer than 50 employees will mean that most of the private sector will be exempted from gender equality obligations. In the view of both the LO and UNIO, the positive measures advocated by the Government, namely guidance and motivation, should be adopted, but not as a replacement for existing legal obligations. With reference to the Working Environment Act (WEA), the Committee notes the Government’s indication in its report on Convention No. 100 that, as part of its gender equality goals, it will follow up amendments to the WEA that have been adopted to help give employees and employers greater flexibility and opportunities to find local solutions to secure more working hours for part-time positions and more full-time employment. In their observation under Convention No. 100, the UNIO and the LO raise concerns that these changes will impair gender equality and protection in the working environment, particularly for women, by reducing permanent positions and limiting trade union input on issues such as working hours and health risks. The Committee encourages the Government to make every effort to maintain existing protections relating to gender equality and non-discrimination on all of the grounds listed in the Convention. Noting the importance of limiting exceptions to the inherent requirements of the job, and prohibiting discrimination and promoting equality in public and private sector establishments of all sizes, the Committee asks the Government to report on how it has taken the LO’s and UNIO’s concerns into account in the drafting of the new consolidating legislation. It asks the Government to provide information on the outcome of the consolidation initiative and to provide a copy of the new Act upon its adoption along with any guidance and educational materials designed to promote its implementation. The Committee also asks the Government to provide specific information on the amendments to the WEA and their impact on the participation of men and women in the labour market and their employment status and conditions of work.

Article 1(1)(a). Social origin, race and colour. In its previous comments, the Committee noted that the anti-discrimination legislation does not explicitly provide for the prohibition of discrimination based on social origin. The Government previously expressed the view that “social origin” is covered by the grounds of “descent” and “ethnicity”, both of which are enumerated in the anti discrimination legislation. The Committee notes that no new grounds were added to the Ethnicity Anti-Discrimination Act during the 2013 amendment process. It notes from the cases referred to in the Government’s report that the grounds set out in the Ethnicity Anti-Discrimination Act appear to be interpreted broadly to cover, for example, language. The Committee also notes that the Act fully incorporates into national law the United Nations International Convention on the Elimination of all Forms of Racial Discrimination, 1965. The Committee recalls that discrimination based on “social origin” refers to situations in which an individual’s membership of a class, socio-occupational category or caste determines his or her occupational future (see General Survey on the fundamental Conventions, 2012, paragraph 802). Thus, there may be instances where the concept of “social origin” extends beyond “descent” and “ethnicity”. The Committee asks the Government to continue providing information on any cases handled by the Equality and Anti-Discrimination Ombudsperson and the Equality and Anti Discrimination Tribunal specifically addressing discrimination related to “social origin” within the meaning of the Convention (through protection against “descent” and ethnicity, or otherwise), including information on the number, nature and outcome of such cases. The Committee encourages the Government to include explicit protection against discrimination related to “social origin” and “colour” in any new consolidating legislation for purposes of clarity and conformity with Article 1(1)(a) of the Convention.

Discrimination on the basis of political opinion. The Committee previously commented on the protection afforded to domestic workers against discrimination related to political opinion. The Committee notes the Government’s indication that the majority of domestic workers are employed by undertakings which are covered by the WEA’s prohibition on discrimination related to political opinion (when they are engaged by an undertaking to perform work in private households). However, those directly engaged by private employers are not protected against discrimination on the basis of political opinion. The Committee notes the Government’s commitment to ensuring that domestic workers are protected against discrimination on the basis of political opinion and that, following the review of the Norwegian Regulation concerning domestic workers in light of the Domestic Workers Convention, 2011 (No. 189), it will introduce such protection. The Committee hopes that the Government will be in a position to report the concrete steps taken to ensure that all domestic workers are protected against discrimination on the ground of political opinion and to report any new measures adopted to this end.

Article 2. Equality of opportunity and treatment for men and women. The Committee notes that the Equality 2014 action plan for gender equality (2011–14) does not appear to have been followed up by a new gender equality policy or action plan. However, it notes from the Government’s report under Convention No. 100 that the Storting (Parliament) adopted a white paper on Gender Equality in Practice – Equal Opportunities for Women and Men (2015–16). The Government reports that in relation to employment, its efforts are directed at helping to provide more opportunities for young men and women to opt for education and occupations that promote a less gender-divided labour market, and to promote gender equality and diversity in working life. The Committee notes that innovative initiatives have been introduced with the aim of addressing vertical and horizontal labour market gender segregation. The Committee also notes from the information supplied under Convention No. 100 that the findings of a survey on discrimination based on pregnancy and parental leave, conducted in 2014, reveal that 55 per cent of women workers and 22 per cent of men workers report having experienced discrimination associated with pregnancy and parental leave. The Committee notes that the Ombudsperson’s view that the results of the survey are serious and that women report that they face discrimination in all aspects of employment, including termination of employment, loss of pay and missed career opportunities, and that they do not receive the assistance that they need. The results of this survey are also taken up by the Committee under the Workers with Family Responsibilities Convention, 1981 (No. 156). The Committee asks the Government to provide information on the steps taken to address the findings on gender discrimination related to pregnancy and the Ombudsperson’s recommendations, including any steps taken to ensure full compliance with the law. The Committee asks the Government to provide information on the relevant policies, action plans and programmes adopted and any other significant measures taken to implement the aims contained in the white paper and to address specifically the promotion of gender equality in employment and occupation, including entrepreneurship. It is also requested to continue providing information on the specific measures taken to address the vertical and horizontal dimensions of labour market gender segregation and their impact, including relevant labour market statistical information disaggregated by sex. The Government is also requested to provide information on any complaints, decisions and rulings by the Equality and Anti Discrimination Ombudsperson and the Equality and Anti-Discrimination Tribunal concerning gender discrimination in employment, in particular based on the ground of pregnancy.

Equality irrespective of race, colour or national extraction. The Committee notes that both the Norwegian Roma and the Romani/Tater people have low educational attainment levels and low employment rates. The Committee also notes from Norway’s report to the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) 3 February 2016 (CEDAW/C/NOR/9, 1 June 2016) that the report entitled Assimilation and resistance: Norwegian policies towards Tater/Romani people from 1850 to the present finds that employment is rare among Tater/Romani women. The Committee notes the Government’s indication that it is considering how to follow up this report. It notes that the action plan to improve living conditions for Roma in Oslo urged education to be prioritized and this is being followed up. The Committee also notes that the aim of improving immigrant women’s entry into the labour market, set out in the white paper on gender equality referred to above, would be followed up through the Job Opportunity Programme in 2016. The Committee recalls its previous concerns over prejudice based on stereotypes concerning people from different ethnic backgrounds and the resulting discrimination in the labour market. It asks the Government to identify policies and other specific steps taken to improve education levels, access to skills development and employment opportunities for men and women with of Roma, Tater/Romani and immigrant backgrounds without discrimination, and to indicate how gender equality concerns are specifically taken into account in the formulation and implementation of any such measures.

Article 1(1)(b). Sexual orientation. Further to the adoption of the Sexual Orientation Anti-Discrimination Act (sexual orientation, gender identity and gender expression), the Committee notes the adoption of Safety, diversity, openness: The Norwegian Government’s action plan against discrimination based on sexual orientation, gender identity and gender expression 2017–2020, which includes a focus on equal livelihood opportunities. The Committee asks the Government to provide information on the implementation of the action plan in so far as it involves action against discrimination and harassment in employment and occupation.

Articles 2 and 3. Collective agreements and cooperation. The Committee notes that the further development of tripartite collaboration on gender equality in working life is among the Government’s key objectives. According to the Government, the social partners are key players in the efforts to strengthen gender equality in working life, and their roles are especially important in relation to influencing recruitment and shaping vocational training and skills development. While recognizing this, the LO points out that the most important prerequisites for gender equality and a high level of female labour market participation are collective agreements, wage formation and policy development. The Committee asks the Government to continue providing information on action taken in cooperation with employers’ and workers’ organizations to develop and implement measures to combat discrimination and promote equality in employment and occupation, including through collective agreements.

Enforcement. The Committee notes that the Government is considering the recommendations contained in the report of PricewaterhouseCoopers (PwC) on the strengthening of the institutional enforcement system on equality and non discrimination. The recommendations propose setting up a new enforcement system with only one body, a new tribunal which could award compensation and the decisions of which could be appealed through the courts. It is further recommended that the Equality and Anti-Discrimination Ombudsperson should act only as a proactive agent for equality and no longer handle complaints about breaches of the law. The LO is concerned that the proposals presented by PwC will lead to a fragmentation and a serious weakening of the enforcement system. The Committee emphasizes the importance of accessible, knowledgeable, coherent and effective enforcement institutions and laws that impose clear duties on employers, to promote the implementation of equality and non-discrimination law. The Committee asks the Government to report on the results of the work it is undertaking to strengthen the enforcement system.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the observations made by the Confederation of Unions for Professionals (UNIO) and the Confederation of Norwegian Enterprise (NHO), which were submitted with the Government’s report.

Legislative developments. The Committee notes the adoption, on 13 June 2013, of a new Act prohibiting discrimination on the grounds of sexual orientation, gender identity and gender expression, which will come into force on 1 January 2014. The Committee also notes the Government’s indication that amendments to the Gender Equality Act, the Anti-Discrimination Act and the Anti-Discrimination and Accessibility Act were adopted on the same occasion and will be effective as of January 2014. The Committee asks the Government to provide a copy of the new Act prohibiting discrimination on the grounds of sexual orientation, gender identity and gender expression, as well as of the amended Acts referred to above. Please also provide information on the implementation of these legislative changes and on any further legislative developments with regard to the application of the Convention.

Article 1(1)(a) of the Convention. Social origin. In its previous comments, the Committee noted that the anti-discrimination legislation does not explicitly provide for the prohibition of discrimination based on social origin. The Committee notes the Government’s indication that the Law Commission established in 2007 concluded that the discriminatory ground of social origin, as defined in the Convention, is covered by the concepts of “descent” and “ethnicity, which are enumerated as prohibited grounds of discrimination in section 4 of the Anti-Discrimination Act. The Government further indicates that no new grounds of discrimination have been added in the context of the amendments to the Anti-Discrimination Act adopted in June 2013. The Committee requests the Government to provide detailed information on any cases handled by the Equality and Anti-Discrimination Ombud and the Tribunal specifically addressing discrimination on the grounds of descent and ethnicity, including information on the number, nature and outcome of such cases.

Discrimination on the basis of political opinion. The Committee previously noted that the regulations issued under section 1-5 of the Working Environment Act regarding domestic workers and home-based workers do not appear to provide protection from discrimination based on political opinion. The Committee notes the Government’s indication that it is currently evaluating national regulations concerning domestic workers in light of the Domestic Workers Convention, 2011 (No. 189), and that it will ensure that domestic workers are fully protected against discrimination on all the grounds set out in the Convention. Noting that the Government’s report contains no information with regard to home-based workers, the Committee asks the Government to indicate how it is ensured in practice that this category of workers is protected against discrimination on the basis of political opinion. Please also provide information on the concrete steps taken to ensure that domestic workers are protected against discrimination on all the grounds enumerated in the Convention, and on the progress made in this respect.

Article 2. Equality of opportunity and treatment of men and women. The Committee notes the extensive information provided by the Government and the NHO with regard to measures taken or envisaged to address both vertical and horizontal segregation in the labour market. It notes, in particular, the adoption of “Equality 2014”, an action plan for gender equality (2011–14), which sets out a number of objectives, measures and indicators to be taken in collaboration with the social partners, aimed at ensuring gender equality in all aspects of employment and occupation. The Committee also notes the Government’s indication that a new mapping-study will assess the distribution of men and women by profession, occupation, industry and working hours in order to analyse gender-segregation in the labour market. The Government indicates further that the Ministry of Education and Research will study new measures to address gender disparities in educational choices. The Committee notes further the statistical information provided by the Government regarding the number of male employees in kindergartens, as well as the rates of men and women in part-time employment. The Committee asks the Government to continue to provide information on the specific measures taken or envisaged to address the vertical and horizontal dimensions of labour market segregation. Please provide updated statistical information on the distribution of men and women in the various sectors, positions and occupations in both the public and private sectors, as well as on the results obtained in the gender-segregation mapping study.

Equality of opportunity irrespective of race, colour and national extraction. The Committee notes the information provided by the Government regarding measures to increase the employment rates of the immigrant population, in particular inactive migrant women and immigrants with limited work experience. It also notes the statistical information on the employment rate of immigrants. In this connection, the Committee notes that, in its concluding observations of 11 March 2011, the UN Committee on the Elimination of Racial Discrimination expressed concern about the discrimination faced by immigrants, asylum-seekers, and refugees, as well as the Roma community, and recommended, among others, that the Government take active measures to improve their access to the labour market (CERD/C/NOR/CO/19-20, paragraphs 9 and 20). The Committee asks the Government to continue to provide detailed information on the measures taken, in collaboration with workers’ and employers’ organizations, to address discrimination based on race, colour or national extraction, and to promote equality, including with regard to the Roma and those with an immigrant background, in employment and occupation. The Government requests the Government to provide detailed statistical information on the labour market situation of the Roma, as well as men and women with an immigrant background.

Articles 2 and 3. Collective agreements and cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indication that, pursuant to the 2011–14 Action Plan on Gender Equality, a forum has been established in order to strengthen cooperation with the social partners. The Government indicates further that one of the main focuses of the tripartite cooperation will be the exchange of good practices in combating discrimination in employment and occupation. The Committee requests the Government to continue to provide information on any action taken in cooperation with employers’ and workers’ organization to develop and implement measures to combat discrimination and promote equality in employment and occupation. The Committee once again asks the Government for examples of non-discrimination clauses in collective agreements, and for information on whether such causes cover grounds other than gender.

Enforcement. The Committee notes the information provided by the Government with regard to the nature and number of cases handled by the Equality and Anti-Discrimination Ombud and Tribunal. It notes, in particular, the Government’s indication that the Anti-Discrimination Tribunal handled 35 cases regarding discrimination in employment and occupation, between January 2012 and May 2013. It also notes the Government’s indication that the majority of cases of discrimination in employment and occupation handled by the Ombud between 2007 and 2012 related to discrimination on the ground of disability (51 out of 163 cases in 2012). In this connection, the Committee notes that, according to the comments provided by UNIO, the Commission appointed to report on Gender Equality Policy highlighted the need to strengthen the role of the Ombud, especially with regard to its capacity to re-examine decisions handed down by other administrative authorities and to grant free legal aid and advice. Noting that the Ombud recommendations are not legally binding, the Committee requests the Government to indicate the extent to which Ombud recommendations are implemented and what remedies are provided in cases of discrimination, including where workers are dismissed. The Committee asks the Government to continue to provide information on the number and outcome of cases handled by the Anti-Discrimination Ombud and the Tribunal, including the remedies provided. Please also provide information on any cases handled by the authorities regarding the duty of public authorities and employers to make active and systematic efforts to prevent discrimination and promote equality provided for in the anti-discrimination Acts

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 1(1)(b) of the Convention. Legislative developments. Discrimination based on disability. The Committee notes with interest the adoption of Act No. 42 relating to a prohibition of discrimination on the basis of disability (the Disability and Accessibility Act) on 20 June 2008, which entered into force on 1 January 2009. The Act applies to all areas of social life, including employment and occupation. It defines and prohibits direct and indirect discrimination, harassment and victimization. It also contains provisions on reasonable accommodation and the burden of proof. The Act provides for an obligation of public authorities, as well as public and private employers to make active, targeted and systematic efforts to prevent discrimination and ensure equal opportunities, and to report thereon (section 3). Employers’ and workers’ organizations have a corresponding duty in their field of activity. The Committee asks the Government to provide information on the implementation of the Disability and Accessibility Act, including information on the implementation of section 3 thereof, as well as any relevant decisions issued by the Equality and Anti-Discrimination Ombud or Tribunal, or the courts.

Anti-Discrimination Act. The Committee notes that the amendments to the Anti-Discrimination Act which entered into force on 1 January 2009 provide, similar to the Disability and Accessibility Act and the Gender Equality Act, for an obligation to make active, targeted and systematic efforts to prevent discrimination and ensure equal opportunities, and to report thereon. It also notes that some of the main objectives of the Action plan to promote equality and prevent ethnic discrimination 2009–12 are to ensure proper implementation of this new duty, as well as to increase knowledge of the nature, scope and causes of discrimination. The Committee asks the Government to provide information on the implementation in practice of these new obligations under the Anti-Discrimination Act, and on the implementation of the Action plan 2009–12.

Article 1(1)(a) and Article 2 of the Convention. Prohibited grounds of discrimination. Social origin. The Committee previously noted that the non-discrimination legislation does not cover the prohibited ground of social origin, which is one of the grounds listed in Article 1(1)(a) and, accordingly, must be covered by the national policy to promote equality of opportunity and treatment in employment and occupation to be adopted and implemented in accordance with Article 2. The Committee also emphasizes that, when legislative expression is being given to the provisions of the Convention, all the grounds set out in the Convention should be included. With a view to determining the extent to which the legislation covers discrimination based on social origin, within the meaning of the Convention, the Committee reiterates its requests to the Government to elaborate on the meaning of the term “descent” which is referred to as a prohibited ground of discrimination in section 4 of the Anti‑Discrimination Act of 2005, including by providing any relevant interpretations given by the courts. The Committee also asks the Government to provide information on the results of the work of the Law Commission established in 2007 with a view to proposing consolidated anti-discrimination legislation and trusts that steps will be taken to ensure that the ground of social origin is covered by the legislation.

Scope of legislative protection. The Committee notes that the regulations issued under section 1-5 of the Working Environment Act with regard to work performed at the home of the employee or the employer do not appear to provide specific protection from discrimination based on political opinion, while protection for these workers against discrimination based on other grounds is available under the Gender Equality Act and the Anti-Discrimination Act. The Committee requests the Government to take measures to ensure that home‑based workers and domestic workers are protected against discrimination on all the grounds listed in the Convention, like all other workers, and to indicate any steps taken in this regard.

Article 1(2). Inherent requirement of the job. The Committee notes the information provided with regard to the application of the exceptions clause set out in section 13-3 of the Working Environment Act which allows discrimination “which has a just cause”. The Committee notes that most of the discrimination cases brought under the Act relate to age and that the Equality and Anti‑Discrimination Ombud has not yet found in any case that differential treatment was justified. However, the Government indicates that, in principle, the Ombud’s opinion is that for an exception to be just cause it must be related to the inherent requirements of the job. The Committee asks the Government to continue to provide information on the application in practice of section 13-3 of the Working Environment Act.

Article 2. Promoting and ensuring equality of opportunity and treatment of men and women. The Committee notes with interest that the requirement for public limited companies to ensure balanced representation of men and women on their boards, introduced in 2004, resulted in achieving a 40 per cent share of women on the boards of these companies, compared to 7 per cent representation in 2003. The Committee asks the Government to continue to provide information on the measures taken by the Government to ensure that men and women are equally represented on company boards, as well as in management positions in the private and public sectors, more generally.

The Committee notes the information provided by the Government with regard to the specific measures taken under the Plan of Action for Equality
(2009–10) with a view to reaching the target of 20 per cent male employees in Norwegian kindergartens. The Committee asks the Government to provide information on the measures taken or envisaged aimed at the reduction of horizontal segregation of the labour market by gender and on the results achieved by such action, including information on the progress made in reaching the objective of 20 per cent male employees in kindergartens. Please provide updated statistical information on the position of men and women in the labour market, including their share in part-time work.

Equality of opportunity and treatment irrespective of race, colour and national extraction. The Committee notes the information provided by the Government regarding the registered unemployment of immigrants which increased more rapidly than for the rest of the population between May 2008 and May 2009. It also notes some of the reasons explaining the low employment levels of female immigrants, especially from Somalia, Pakistan, Afghanistan and Iraq, including language skills and education, care-giving responsibilities and attitudes towards labour force participation as well as structural barriers. The Committee also notes, that according to the report, multiple discrimination faced by immigrant women can be particularly serious and that substantial variations in the manifestations of discrimination exist between immigrants with different backgrounds. The Committee notes the information provided by the Government regarding measures to increase employment rates of the immigrant population, and to improve their recruitment and integration in the government sector, as well as regarding the implementation of the Introductory Act aiming at the integration of newly arriving immigrants, including through language training schemes. The Committee also notes that, according to the report, targeted measures taken by public and private employers, including the establishment of plans and goals with regard to achieving diversity at the workplace, have resulted in increased access of persons with immigrant background to employment. The Committee requests the Government to continue to provide detailed information on the measures taken to promote equality of opportunity and treatment irrespective of race, colour or national extraction, as well as information on results achieved. In this regard, the Committee requests the Government to provide detailed statistical information on the position of men and women with immigrant backgrounds in employment and occupation.

Articles 2 and 3. Collective agreements and cooperation with employers’ and workers’ organizations. The Committee notes the observations of the Organization for Trade and Private Enterprise in Norway (HSH), indicating that collective agreements under the responsibility of the HSH contain provisions aimed at preventing discrimination and promoting equal treatment regardless of gender. The HSH also notes that it is part of a group initiated by the largest employers’ and employees’ organizations in Norway together with the Norwegian Government, with the aim of preventing certain groups from being excluded from the labour market due to irrelevant individual considerations. The Committee welcomes this information and requests further information on the tripartite initiative to combat exclusion in the labour market, and the results obtained. It would also be grateful for examples of the non-discrimination clauses in collective agreements, and for information on whether such clauses cover grounds other than gender.

Enforcement. The Committee notes the support provided to the Equality and Anti-Discrimination Ombud through the European Union’s framework programme PROGRESS 2007–13, for the undertaking of the campaign “Fostering good practices in the workplace”, which resulted in an increased demand for guidance by social partners regarding their obligation to promote equality. The Committee asks the Government to continue to provide information on the activities carried out by the Equality and Anti‑Discrimination Ombud and Tribunal with regard to discrimination in employment and occupation, including information on the number, nature and outcomes of cases relating to such discrimination.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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:

1. Prohibited grounds of discrimination. Further to its observation, the Committee recalls its previous comments concerning the absence of “social origin” as one of the prohibited grounds in the national legislation concerning discrimination in employment and occupation. It notes that section 4 of the Anti-Discrimination Act of 2005 prohibits direct and indirect discrimination based on a number of grounds, including descent. The Committee recalls that within the meaning of the Convention, discrimination based on social origin “arises when an individual’s membership in a class, socio-occupational category or caste determines his or her occupational future, either because he or she is denied certain jobs or activities, or because he or she is only assigned certain jobs. […] Social origin may be viewed mainly in terms of social mobility, defined as the possibility of an individual to move from one class or social category to another.” (See Special Survey on equality in employment and occupation, 1996, paragraph 43.) The Committee asks the Government to clarify whether the prohibition of descent-based discrimination in the Anti-Discrimination Act is intended to encompass protection against discrimination based on social origin within the meaning of the Convention. Please also provide information in future reports on the practical application of the Act, including any judicial or administrative decisions concerning complaints relating to descent-based discrimination.

2. Article 1(2). Inherent requirements of the job. The Committee notes that section 13-3 of the Working Environment Act of 2005 provides that “discrimination that has a just cause, that does not involve disproportionate intervention in relation to a person or persons so treated and that is necessary for the performance of work or profession shall not be regarded as discrimination pursuant to this Act”. Recalling that the Convention only allows for exceptions to the principle of non-discrimination as far as they are based on the inherent requirements of the job, the Committee hopes that this new exception clause will be interpreted and applied narrowly, in accordance with the Convention. The Committee requests the Government to provide information in its future reports on the practical application of this provision, including decisions by the Equality and Anti-Discrimination Ombud and Equality and Anti-Discrimination Tribunal.

3. Scope of legislative protection. Further to its previous comments, the Committee notes that the Working Environment Act of 2005 continues to exclude certain categories of workers including those in the shipping, hunting and fishing sectors, but that workers in these sectors are protected against discrimination pursuant to the Gender Equality Act and the Anti-Discrimination Act of 2005. However, these Acts do not protect against discrimination on the basis of political opinion, a ground of discrimination referred to in section 13-1 of the Working Environment Act of 2005. The Committee further notes that domestic workers and homeworkers can be partly or wholly excluded from the application of the Act through regulations (section 1-5). The Committee therefore asks the Government: (1) to indicate in its next report how workers excluded from the scope of the Working Environment Act are protected against discrimination on the basis of political opinion; and (2) to provide information on any regulations adopted under section 1-5 of the Working Environment Act of 2005.

4. Equality of opportunity between men and women. The Committee notes the information provided by the Government in its reports on Conventions Nos 111 and 122 on the increasing participation rates of women in the labour market. It notes that, despite similar employment figures for women and men, wide gender differences continue to exist in terms of working hours, pay, sectors and pensions. The number of women engaged in part-time work, especially undesired part-time work, continues to be much higher than the number of men. In 2005, women represented only 22 per cent of senior managers in the private sector and 23 per cent in the state sector. In addition, the Committee notes from the Government’s report that immigrant women face particular obstacles in working life (see also point 6 of this direct request). The Committee notes with interest the various measures taken and results achieved by the Government, in cooperation with the social partners, to address occupational segregation, to reduce undesired part-time work and to promote female entrepreneurship and women in decision-making and management positions. The Committee notes in particular the initiatives such as “Female Future” and “Women, Quality and Competence in the State Sector” aimed at improving women’s representation in middle and senior management positions and on boards of directors in the private and state sectors. It further notes the project “Top 10 International Women” aimed at increasing awareness and promoting recognition in Norwegian working life of the competence and skills of immigrant women, especially from non-Western countries. The Committee asks the Government to continue to provide information on the specific measures taken and the results achieved to eliminate the gender differences in the labour market, including with respect to male and female immigrants, to improve the employment situation of those engaged in undesired part-time work, and to increase the representation of women in senior management positions in the private and state sectors.

5. Employment of men and women in non-traditional occupations. With respect to its previous comments on the number of men employed in education and childcare occupations, the Committee notes that, between 2003 and 2005, the number of male employees in kindergartens increased from 4,606 to 5,712. Despite this positive result, the percentage of men working in kindergartens remained at only 8.8 per cent in 2005. The Committee however notes with interest that, under the Plan of Action for Equality (2004–07), the revised Framework Plan for the Content and Tasks of Kindergartens was adopted in 2006. The Framework provides binding goals for the sector and states that gender equality shall be reflected in the education and activities in kindergartens. The Committee asks the Government to provide information on the implementation and the results achieved under the Framework Plan for Kindergartens, as well as on any other measures to increase the percentage of men as well as women in non-traditional occupations.

6. Equality of opportunity and treatment with respect to race, colour and national extraction. The Committee notes the employment statistics by origin and sex provided by the Government in its reports on Conventions Nos 111 and 122 for the immigrant population in Norway. The statistics show that employment rates vary according to gender and origin, with the employment rate for male immigrants generally higher than for female immigrants, except for young second-generation immigrants. The Committee notes that the employment rates for immigrants from Western Europe are the highest (with 73 per cent for men and 61 per cent for women), with the lowest being for those from Africa (with 46 per cent for men and 36 per cent for women). The Committee further notes the various measures taken by the Government to integrate immigrants into the labour market and society, especially those coming from non-Western countries. It notes in particular the following: the establishment in 2006 of the Directorate for Integration and Diversity, the main task of which is to contribute to equality in living conditions and diversity through employment, integration and participation; the Act relating to introductory schemes for newly arrived immigrants (the Introductory Act) which aims to ensure that new immigrants are integrated into the labour market and society; and the measures to counteract exclusion on the basis of ethnic origin and to encourage persons with immigrant backgrounds to apply for government jobs. The Committee asks the Government to provide information on the impact of the measures taken to integrate immigrants into the labour market and, in particular, the impact of the Introductory Act and of the activities of the Directorate for Integration and Diversity on attaining equality in employment and occupation irrespective of race, colour and national extraction.

7. Enforcement. Parts II and IV of the report form. The Committee notes that the Equality and Anti-Discrimination Ombud and the Equality and Anti-Discrimination Tribunal have the authority to make recommendations and pass rulings with respect to decisions by, or general practices of, governmental and state institutions, including regarding those laws that might contravene equality and anti-discrimination legislation. The Ombud has the competence to investigate alleged non-compliance with the law and make recommendations, which can be appealed before the Tribunal. The rulings of the Tribunal are administratively binding but may be overruled by a court of law. The Committee also notes the specific responsibilities of the Ombud to promote equality with respect to the grounds set out in Article 1(1)(a) of the Convention and other prohibited grounds of discrimination, as well as its additional responsibilities to initiate and promote efforts to advance gender equality. The Committee asks the Government to provide information on the following: (1) the activities of the Equality and Anti-Discrimination Ombud to promote equality with respect to the grounds contained in Article 1(1)(a) of the Convention, as well as on the specific activities carried out in the context of its responsibilities to promote and advance gender equality; (2) the number of complaints received and their outcomes; and (3) any recommendations and rulings made by the Ombud and the Tribunal on the application of the equality and anti-discrimination legislation.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes with interest the adoption of new legislation in the field of equality and non-discrimination. It notes in particular the following: the Act (No. 33 of 2005) on the prohibition of discrimination based on ethnicity, religion, etc. (Anti-Discrimination Act); the Act (No. 38 of 2005) to amend the Act (No. 45 of 1978) respecting equality between the sexes, etc. (Implementation of Directive 2002/73/EC of the European Parliament and of the Council and incorporation into Norwegian law of the United Nations Convention on the Elimination of All Forms of Discrimination against Women and its Optional Protocol); the Act (No. 40 of 2005) on the Equality and Anti-Discrimination Ombud and the Equality and Anti-Discrimination Tribunal (Anti-Discrimination Ombud Act); and Chapter 13 concerning protection against discrimination of the Act (No. 62 of 2005) relating to working environment, working hours and employment protection, etc. (Working Environment Act). The Committee notes that the Anti-Discrimination Act of 2005 prohibits and defines direct and indirect discrimination on the grounds of ethnicity, national origin, descent, skin colour, language, religion or belief, and prohibits harassment and instructions to discriminate on the basis of these grounds, as well as acts of reprisal. The Act also provides for positive action and the shifting of the burden of proof on the person allegedly responsible for breaching the provisions of the Act. The Committee further notes the new provisions pursuant to the amendments to the Gender Equality Act of 1978 concerning the obligation of employers, organizations and institutions to prevent sexual harassment, the shared burden of proof and the objective liability for damages in cases of infringements of the law. Finally, it notes that Chapter 13 of the Working Environment Act prohibits direct and indirect discrimination on the basis of political views, membership of a trade union, sexual orientation, disability or age, as well as harassment and the instruction to discriminate on the basis of these grounds. With respect to discrimination based on gender, the Working Environment Act specifies that the Gender Equality Act will apply and, with respect to discrimination on the basis of other grounds, the Anti-Discrimination Act will apply. The Working Environment Act further provides for protection against discrimination in all aspects of employment and contains provisions on the burden of proof and preferential treatment. The Committee asks the Government to provide information in future reports about the application in practice of the Gender Equality Act, the Anti-Discrimination Act, the Working Environment Act and the Anti-Discrimination Ombud Act.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Prohibited grounds of discrimination. Further to its observation, the Committee recalls its previous comments concerning the absence of “social origin” as one of the prohibited grounds in the national legislation concerning discrimination in employment and occupation. It notes that section 4 of the Anti-Discrimination Act of 2005 prohibits direct and indirect discrimination based on a number of grounds, including descent. The Committee recalls that within the meaning of the Convention, discrimination based on social origin “arises when an individual’s membership in a class, socio-occupational category or caste determines his or her occupational future, either because he or she is denied certain jobs or activities, or because he or she is only assigned certain jobs. […] Social origin may be viewed mainly in terms of social mobility, defined as the possibility of an individual to move from one class or social category to another.” (See Special Survey on equality in employment and occupation, 1996,
paragraph 43.) The Committee asks the Government to clarify whether the prohibition of descent-based discrimination in the Anti-Discrimination Act is intended to encompass protection against discrimination based on social origin within the meaning of the Convention. Please also provide information in future reports on the practical application of the Act, including any judicial or administrative decisions concerning complaints relating to descent-based discrimination.

2. Article 1(2). Inherent requirements of the job. The Committee notes that section 13-3 of the Working Environment Act of 2005 provides that “discrimination that has a just cause, that does not involve disproportionate intervention in relation to a person or persons so treated and that is necessary for the performance of work or profession shall not be regarded as discrimination pursuant to this Act”. Recalling that the Convention only allows for exceptions to the principle of non-discrimination as far as they are based on the inherent requirements of the job, the Committee hopes that this new exception clause will be interpreted and applied narrowly, in accordance with the Convention. The Committee requests the Government to provide information in its future reports on the practical application of this provision, including decisions by the Equality and Anti-Discrimination Ombud and Equality and Anti-Discrimination Tribunal.

3. Scope of legislative protection. Further to its previous comments, the Committee notes that the Working Environment Act of 2005 continues to exclude certain categories of workers including those in the shipping, hunting and fishing sectors, but that workers in these sectors are protected against discrimination pursuant to the Gender Equality Act and the Anti-Discrimination Act of 2005. However, these Acts do not protect against discrimination on the basis of political opinion, a ground of discrimination referred to in section 13-1 of the Working Environment Act of 2005. The Committee further notes that domestic workers and homeworkers can be partly or wholly excluded from the application of the Act through regulations (section 1-5). The Committee therefore asks the Government: (1) to indicate in its next report how workers excluded from the scope of the Working Environment Act are protected against discrimination on the basis of political opinion; and (2) to provide information on any regulations adopted under section 1-5 of the Working Environment Act of 2005.

4. Equality of opportunity between men and women. The Committee notes the information provided by the Government in its reports on Conventions
Nos 111 and 122 on the increasing participation rates of women in the labour market. It notes that, despite similar employment figures for women and men, wide gender differences continue to exist in terms of working hours, pay, sectors and pensions. The number of women engaged in part-time work, especially undesired part-time work, continues to be much higher than the number of men. In 2005, women represented only 22 per cent of senior managers in the private sector and 23 per cent in the state sector. In addition, the Committee notes from the Government’s report that immigrant women face particular obstacles in working life (see also point 6 of this direct request). The Committee notes with interest the various measures taken and results achieved by the Government, in cooperation with the social partners, to address occupational segregation, to reduce undesired part-time work and to promote female entrepreneurship and women in decision-making and management positions. The Committee notes in particular the initiatives such as “Female Future” and “Women, Quality and Competence in the State Sector” aimed at improving women’s representation in middle and senior management positions and on boards of directors in the private and state sectors. It further notes the project “Top 10 International Women” aimed at increasing awareness and promoting recognition in Norwegian working life of the competence and skills of immigrant women, especially from non-Western countries. The Committee asks the Government to continue to provide information on the specific measures taken and the results achieved to eliminate the gender differences in the labour market, including with respect to male and female immigrants, to improve the employment situation of those engaged in undesired part-time work, and to increase the representation of women in senior management positions in the private and state sectors.

5. Employment of men and women in non-traditional occupations. With respect to its previous comments on the number of men employed in education and childcare occupations, the Committee notes that, between 2003 and 2005, the number of male employees in kindergartens increased from 4,606 to 5,712. Despite this positive result, the percentage of men working in kindergartens remained at only 8.8 per cent in 2005. The Committee however notes with interest that, under the Plan of Action for Equality (2004–07), the revised Framework Plan for the Content and Tasks of Kindergartens was adopted in 2006. The Framework provides binding goals for the sector and states that gender equality shall be reflected in the education and activities in kindergartens. The Committee asks the Government to provide information on the implementation and the results achieved under the Framework Plan for Kindergartens, as well as on any other measures to increase the percentage of men as well as women in non-traditional occupations.

6. Equality of opportunity and treatment with respect to race, colour and national extraction. The Committee notes the employment statistics by origin and sex provided by the Government in its reports on Conventions Nos 111 and 122 for the immigrant population in Norway. The statistics show that employment rates vary according to gender and origin, with the employment rate for male immigrants generally higher than for female immigrants, except for young second-generation immigrants. The Committee notes that the employment rates for immigrants from Western Europe are the highest (with 73 per cent for men and 61 per cent for women), with the lowest being for those from Africa (with
46 per cent for men and 36 per cent for women). The Committee further notes the various measures taken by the Government to integrate immigrants into the labour market and society, especially those coming from non-Western countries. It notes in particular the following: the establishment in 2006 of the Directorate for Integration and Diversity, the main task of which is to contribute to equality in living conditions and diversity through employment, integration and participation; the Act relating to introductory schemes for newly arrived immigrants (the Introductory Act) which aims to ensure that new immigrants are integrated into the labour market and society; and the measures to counteract exclusion on the basis of ethnic origin and to encourage persons with immigrant backgrounds to apply for government jobs. The Committee asks the Government to provide information on the impact of the measures taken to integrate immigrants into the labour market and, in particular, the impact of the Introductory Act and of the activities of the Directorate for Integration and Diversity on attaining equality in employment and occupation irrespective of race, colour and national extraction.

7. Enforcement. Parts II and IV of the report form. The Committee notes that the Equality and Anti-Discrimination Ombud and the Equality and Anti-Discrimination Tribunal have the authority to make recommendations and pass rulings with respect to decisions by, or general practices of, governmental and state institutions, including regarding those laws that might contravene equality and anti-discrimination legislation. The Ombud has the competence to investigate alleged non-compliance with the law and make recommendations, which can be appealed before the Tribunal. The rulings of the Tribunal are administratively binding but may be overruled by a court of law. The Committee also notes the specific responsibilities of the Ombud to promote equality with respect to the grounds set out in Article 1(1)(a) of the Convention and other prohibited grounds of discrimination, as well as its additional responsibilities to initiate and promote efforts to advance gender equality. The Committee asks the Government to provide information on the following: (1) the activities of the Equality and Anti-Discrimination Ombud to promote equality with respect to the grounds contained in Article 1(1)(a) of the Convention, as well as on the specific activities carried out in the context of its responsibilities to promote and advance gender equality; (2) the number of complaints received and their outcomes; and (3) any recommendations and rulings made by the Ombud and the Tribunal on the application of the equality and anti-discrimination legislation.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with interest the adoption of new legislation in the field of equality and non-discrimination. It notes in particular the following: the Act (No. 33 of 2005) on the prohibition of discrimination based on ethnicity, religion, etc. (Anti-Discrimination Act); the Act (No. 38 of 2005) to amend the Act (No. 45 of 1978) respecting equality between the sexes, etc. (Implementation of Directive 2002/73/EC of the European Parliament and of the Council and incorporation into Norwegian law of the United Nations Convention on the Elimination of All Forms of Discrimination against Women and its Optional Protocol); the Act (No. 40 of 2005) on the Equality and Anti-Discrimination Ombud and the Equality and Anti-Discrimination Tribunal (Anti-Discrimination Ombud Act); and Chapter 13 concerning protection against discrimination of the Act (No. 62 of 2005) relating to working environment, working hours and employment protection, etc. (Working Environment Act). The Committee notes that the Anti-Discrimination Act of 2005 prohibits and defines direct and indirect discrimination on the grounds of ethnicity, national origin, descent, skin colour, language, religion or belief, and prohibits harassment and instructions to discriminate on the basis of these grounds, as well as acts of reprisal. The Act also provides for positive action and the shifting of the burden of proof on the person allegedly responsible for breaching the provisions of the Act. The Committee further notes the new provisions pursuant to the amendments to the Gender Equality Act of 1978 concerning the obligation of employers, organizations and institutions to prevent sexual harassment, the shared burden of proof and the objective liability for damages in cases of infringements of the law. Finally, it notes that Chapter 13 of the Working Environment Act prohibits direct and indirect discrimination on the basis of political views, membership of a trade union, sexual orientation, disability or age, as well as harassment and the instruction to discriminate on the basis of these grounds. With respect to discrimination based on gender, the Working Environment Act specifies that the Gender Equality Act will apply and, with respect to discrimination on the basis of other grounds, the Anti-Discrimination Act will apply. The Working Environment Act further provides for protection against discrimination in all aspects of employment and contains provisions on the burden of proof and preferential treatment. The Committee asks the Government to provide information in future reports about the application in practice of the Gender Equality Act, the Anti-Discrimination Act, the Working Environment Act and the Anti-Discrimination Ombud Act.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Article 1 of the Convention. Definition of discrimination. The Committee notes with interest the amendments adopted to the Working Environment Act (Act No. 4 of 1977). It notes the new provisions introduced prohibiting direct and indirect discrimination in employment and occupation (section 54 C). It also notes that section 54 A provides that the prohibition of discrimination applies to all aspects of employment, including access to employment, hiring, replacement, training and other skills development measures, wage and employment conditions and termination of employment. The Committee notes that under section 54 B of the Act, the prohibited grounds of discrimination are sex, religion, life view, colour, national or ethnic origin, political opinion, membership of a workers’ organization, sexual orientation, disability or age. The Committee notes that section 54 G of the Working Environment Act prohibits victimization of an alleged victim and that section 54 I provides in relation to burden of proof that, if it may be presumed that an alleged victim has been discriminated against, the defendant must demonstrate that the prohibition has not been infringed. The Committee notes that victims of discrimination may lodge a claim for redress and compensation for non-economic loss irrespective of whether the employer is at fault (section 54 J).

2. Prohibited grounds of discrimination: Social origin. The Committee notes that "social origin" is not enumerated as a prohibited ground of discrimination in section 54 B of the Working Environment Act. Recalling that "social origin" is one of the prohibited grounds of discrimination set out in Article 1(1)(a) of the Convention, the Committee notes the Government’s statement that it is not clear whether the proposed legislation on protection against ethnic discrimination will cover discrimination based on social origin. It notes that the Bill on protection against ethnic discrimination will be submitted to Parliament (Storting) in the near future. The Committee reiterates its previous request to the Government to provide clarifications with its next report on how the prohibition of discrimination based on social origin is ensured.

3. Scope of legislative protection. With reference to its previous comments, the Committee recalls that under section 2 of the Working Environment Act certain sectors are excluded from the application of the Act, such as shipping, hunting and fishing and homeworkers. It also noted that the Seaman’s Act does not prohibit discrimination based on sex. In this connection, the Committee notes with interest the Government’s statement that the proposed legislation against ethnic discrimination (see point 7) will prohibit discrimination in employment for workers excluded from the scope of application of the Working Environment Act. Please continue to provide information on any measures taken to ensure that the Convention is applied, in law and practice, to workers in all sectors of the economy.

4. Article 1(2). Inherent requirement of the job. The Committee has previously expressed concerns regarding former section 55 of the Working Environment Act which has been repealed by the abovementioned amendments. It notes that the same provision has been introduced in new section 54 D(4) which provides that an employer may ask a job applicant to supply information, inter alia, regarding her/his political, religious, cultural views if this is justified by the nature of the position, or if the purpose of the employer’s activity is to promote particular political, religious or cultural views and the position is essential for the fulfilment of that objective. The Committee hopes that this provision will be applied in conformity with Article 1(2) of the Convention and requests the Government once again to provide information with its next report on the application of the provisions now contained in section 54 D(4), including in particular decisions of the relevant judicial and other bodies competent to enforce the Act.

5. Article 2. Equality of opportunity and treatment of men and women. With reference to its previous comments, the Committee recalls that differential treatment under the Equal Status Act to promote gender equality is authorized for men in education and childcare occupations. It observes in this respect that the number of men working in childcare increased to 8 per cent in 2004, compared to 3 per cent in 1991. The Committee notes that the Department for Children and Families has recently prepared an action plan for equality in childcare (2004-07), the aim of which is to increase the proportion of men employed in childcare to 20 per cent in 2007. The Committee requests the Government to provide information on the results achieved by the action plan on other measures taken or envisaged to encourage men and women workers to engage in non-traditional occupations. Also noting that the Government appointed a committee in October 2003 to examine problems related to the manner in which part-time work is distributed between men and women, the Committee requests the Government to provide a copy of the findings of this committee with its next report.

6. Equality of opportunity and treatment on the grounds of race, colour and national extraction. The Committee notes the Government’s statement that proposed legislation against ethnic discrimination is to be submitted to the Parliament (Storting) in the near future. It also notes that on 1 July 2002 the Government submitted an action plan to combat racism and discrimination (2002-06). The Committee requests the Government to provide detailed information on the measures taken under the action plan to combat ethnic discrimination and to provide a copy of the legislation to combat ethnic discrimination once it has been adopted.

7. The Committee also notes from the Government’s report submitted under Convention No. 122, the numerous initiatives taken by the Norwegian Public Employment Service (Aetat) to integrate immigrants into the labour market, including Aetat’s declaration of June 2003 of a racism-free zone which was the start of a campaign to change attitudes involving the entire agency. It also notes the steps taken to integrate unemployed immigrants through various labour market measures and that the aim of placing at least 60 per cent of unemployed immigrants in work was achieved in 2002. The Committee asks the Government to continue providing information on the measures taken or envisaged to promote equality in access to employment, and to vocational training institutions irrespective of race, colour and national extraction, as well as statistical data on the Norwegian labour market, disaggregated by ethnicity and sex.

8. Enforcement. Parts III and IV of the report form. The Committee also notes that the Government plans to submit a proposal to the Parliament (Storting) in 2004 on the establishment of a new machinery to enforce both the Equality Act and the proposed legislation on ethnic discrimination. The Committee requests the Government to provide detailed information on the progress made with the adoption of these measures.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information contained in the Government’s report and the comments submitted by the Confederation of Norwegian Business and Industry (NHO).

1. The Committee notes with interest the adoption on 21 May 1999 of the Human Rights Act No. 30 of 1999 under which some human rights conventions became applicable as national law to the extent that they are binding for Norway. The Committee notes that section 2 of the Human Rights Act enumerates the following international instruments: the European Convention for the Protection of Human Rights and Fundamental Freedoms, 1950; the International Covenant on Economic, Social and Cultural Rights, 1966; the International Covenant on Civil and Political Rights, 1966; the Optional Protocol to the International Covenant on Civil and Political Rights, 1966; and the Second Optional Protocol to the International Covenant on Civil and Political Rights, 1989. The Committee notes that where national legislation is in conflict with any of the above conventions, the latter take precedence (section 3).

2. The Committee notes that under the Human Rights Act (No. 30 of 1999) both article 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, 1950, and article 2 of the International Covenant on Civil and Political Rights, 1966, enumerate the following prohibited grounds of discrimination: race, colour, sex, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status. Considering that social origin is not explicitly mentioned in the Worker Protection and Working Environment Act No. 4 of 1977 (the Working Environment Act) as a prohibited ground of discrimination, the Committee requests the Government to confirm that as a result of the adoption of the Human Rights Act, it is henceforth prohibited by law to discriminate in employment and occupation on the basis of social origin. In this regard, the Committee notes the Government’s statement that administrative principles are applicable to cases of discrimination on the basis of social origin. However, it also notes the statement by the Confederation of Norwegian Business and Industry (NHO) that administrative principles are not applicable to the private sector. NHO also states that no court has applied non-statutory principles of administrative law in the private sector within the field of labour law. The Committee requests the Government to provide a clarification on this point with its next report.

3. The Committee notes that on 5 May 2001, section 55A of the Working Environment Act was amended to prohibit discrimination of disabled persons in recruitment practices. The Committee further notes the obligation of the employer to disclose in writing to a job applicant who so requests, information on the training, experience and other qualifications of the person hired where there are reasonable grounds for assuming that discrimination has occurred. It also notes the shared burden of proof and the possibility to obtain compensation in the event of discriminatory treatment. However, the Committee reiterates its concern respecting the first paragraph of section 55A, which has not been amended, under the terms of which information regarding the political, religious and cultural views of a job applicant may be requested if the purpose of the employer’s activities is to promote political, religious or cultural views, and the position is essential for the fulfilment of that objective. The Committee recalls that Article 1(2) of the Convention, respecting the application of exceptions to the principle of non-discrimination, to jobs that do not by their nature carry with them a special responsibility to contribute to the attainment of the institution’s objectives, and notes this concern still has not been addressed in an adequate manner by the Government. The Committee therefore requests the Government to provide information with its next report respecting the application of exceptions to the principle of non-discrimination, and reiterates its request for information on the practical application of section 55A of the Working Environment Act.

4. The Committee recalls its previous comments concerning section 2 of the Working Environment Act, in accordance with which certain sectors, such as workers employed in shipping, hunting and fishing, including the processing of catch on board ship, and military aviation, are exempted from the scope of the Act and thereby from any protection against discrimination. It also recalls that the coverage of the Act does not extend to homeworkers and that the Seamen’s Act No.18 of 1975 only provides protection against discrimination on the ground of sex. The Committee therefore reiterates its request to the Government to provide detailed information on any measures taken or contemplated to secure protection against discrimination in employment to workers in the sectors not covered by the Working Environment Act. In this respect, the Committee asks the Government to include any assessment or evaluation of the impact, if any, of the Human Rights Act on protecting these workers from non-discrimination.

5. The Committee notes that differential treatment to promote gender equality, as permitted under the Equal Status Act (Act No. 45 of 1978), has been authorized for men in education and childcare occupations, and that they may be given preferential treatment both for training and job opportunities in accordance with Ordinance No. 622 of 1998 respecting special treatment of men. The Committee requests the Government to provide information on the effect that this measure has had in promoting an improved balance of men and women in these occupations.

6. The Committee further notes the Government’s statement that it appointed a committee in March 2000 to draw up proposals for a bill to prohibit ethnic discrimination, and that it is to complete its work by June 2002. It notes that this committee is to examine how legal protection against ethnic discrimination can be strengthened; propose a new act prohibiting ethnic discrimination; review various penal measures; review the role of the Centre for Combating Ethnic Discrimination; and review the UN Convention on the Elimination of all Forms of Racial Discrimination in relation to Norwegian law. The Committee requests the Government to provide detailed information with its next report on the conclusions and recommendations of this committee and the resulting action taken.

7. The Committee notes the Government’s statement respecting the Norwegian Public Employment Service and the measures adopted to ensure the application of non-discriminatory policies in placement services. It particularly notes the efforts made through the training of placement officers and the dialogue carried out with employers to encourage placing non-nationals in employment and occupation in accordance with Article 3(e) of the Convention. The Committee notes the detailed statistical information supplied by the Government. It observes that the unemployment rate for immigrants was 6.9 per cent in November 2000, while the rate for the total population was 2.7 per cent. The Committee also notes that the unemployment rate still varies quite largely among people of different ethnic origins, with immigrants from Africa having the highest unemployment rate (12.9 per cent in November 2000). The Committee requests the Government to continue to provide information in its next report on the measures taken to promote equality in access to all occupations and employment, and to vocational training institutions, as well as statistical data on the Norwegian labour market, disaggregated by ethnicity and sex.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes with interest the amendments made by Act No. 21 of 14 June 2002 to the Equal Status Act, No. 45 of 9 June 1978, inserting section 1(a) which sets out the obligation of authorities, employers, employers’ organizations and trade unions to actively promote gender equality at all levels of society. It notes that in their annual reports enterprises must include information on the actual measures taken and/or envisaged to promote gender equality. The Committee notes that section 3 prohibits direct and indirect discrimination and that direct discrimination is defined as treating men and women differently due to their gender and placing women in an unfavourable position due to pregnancy or childbirth, or treating men or women workers less favourably in cases where they avail themselves of the various types of leave granted to a specific gender. Indirect discrimination is defined as any action appearing to be neutral, but which in practice has the effect of treating one gender less favourably than the other gender. Section 3(a) of the Equal Status Act permits differential treatment to promote gender equality, as well as protective legislation for women in respect of pregnancy, childbirth and breastfeeding and section 8(a) of the Equal Status Act prohibits sexual harassment. It notes that employers are responsible for both preventing and putting an end to sexual harassment at the workplace. Finally, the Committee notes that under section 16 the burden of proof for direct or indirect gender discrimination is placed on the employer. Noting that the statutory measures strengthen the protection against sex discrimination, the Committee would be grateful if the Government would provide information in future on the application and enforcement of the Equal Status Act and its impact in practice on equality between men and women in employment and occupation.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information supplied with the Government’s report.

1.  The Committee notes that, on 30 April 1998, section 55A of the Worker Protection and Working Environment Act No. 4/1977 was amended to include a provision prohibiting discrimination in recruitment practices on the basis of race, colour, national or ethnic origin, sexual orientation or cohabitation. It notes also that the amendment expands protection to cover sexual orientation and cohabitation, and that the amendment as adopted differs from an earlier draft sent to the Committee. Noting that the present amendment incorporates a provision whereby information regarding the political, religious and cultural views of a job applicant may be requested if the purpose of the employer’s activities is aimed at promoting political, religious or cultural views, and the position is essential for the fulfilment of that objective, the Committee draws the attention of the Government to Article 1(2) of the Convention which permits "any distinction, exclusion or preference in respect of a particular job based on the inherent requirements thereof". In this context, the Committee recalls its previous comments regarding the application of exceptions to the principle of non-discrimination to jobs that do not by their nature carry with them a special responsibility to contribute to the attainment of the institution’s objectives, and notes that this concern has not been addressed in an adequate manner. It requests the Government to provide information in its next report on the practical application of section 55A.

2.  The Committee recalls its previous comments on section 2 of Act No. 4/1977 whereby certain sectors - including workers employed in shipping, hunting and fishing, including the processing of catch on board ship, and military aviation - are exempted from the scope of the Act and thereby from any protection against discrimination. It also recalls that coverage of the Act does not extend to homeworkers. It further recalls that the Seamen’s Act No. 18/1975 provides protection against discrimination only on the ground of sex. The Committee requests the Government to provide information on any measures taken or contemplated to secure protection against discrimination in employment to workers in the sectors of activity not covered by Act No. 4/1977.

3.  Further to its observation regarding the wide range of measures taken by the Government to ensure equal opportunities in employment and occupation for persons from different ethnic backgrounds, the Committee notes the information provided with the Government’s report including the White Paper on Immigration and a Multicultural Norway (St meld No. 17 (1996-97)) and the Governmental Plan of Action to Combat Racism and Discrimination (1998-2001). It notes with interest that the plan of action is aimed at reducing structural barriers to employment and identifies seven priority areas including, inter alia, measures to ensure equal opportunities for employment, and promotion and protection against unfair dismissal in the labour market.  Noting also that the unemployment rate for immigrants was 6.3 per cent compared with 2.2 per cent for the total population, with immigrants from Africa having the highest rate of unemployment (12.6 per cent in May 1999) (CERD/C/363/Add.3 of April 2000), the Committee notes the measures taken to increase the recruitment of persons from an immigrant background in public sector employment (1998-2001). In this respect, it also notes the information contained in the "Presentation by Norway at the European Conference against Racism", Strasbourg, 11-13 October 2000 and that the Ministry of Education, Research and Church Affairs has established a national database for the recognition of foreign higher academic qualifications. The Committee asks the Government to provide information on the implementation of measures taken to combat direct and indirect discrimination and the results obtained, and to provide statistical data on the Norwegian labour market, disaggregated by ethnicity and sex.

4.  The Committee notes from the Government’s report the establishment of a Centre to Combat Ethnic Discrimination in 1999 to monitor racial discrimination and provide legal aid to individuals who have been discriminated against on the grounds of religion or belief, race, colour, national or ethnic origin. It notes also that in March 2000, the King’s Private Council established a committee to review current legislation on racial discrimination and to draw up proposals by spring 2001 for an act to prohibit racial discrimination. The Committee requests the Government to keep it informed on the work of the Centre and of the committee on racial discrimination, and their work in monitoring, enforcement, legislative revision and other relevant projects.

5.  The Committee notes with interest the Government’s public apology to the Roma in February 1998 for injustices committed in the past by the Norwegian authorities against these people. It also notes that the Ministry of Local Government and Regional Development is responsible for developing and coordinating government policy towards racial minorities and that the Government is to submit a report to Parliament in 2000 regarding the treatment of the Kvens, Skogfinn, the Roma and the Jews. Noting that this report is to detail the principles and objectives that are to provide the basis for future policy initiatives towards racial minorities and to include measures to ensure equality of treatment, the Committee hopes the Government will address employment-related issues in this initiative and will supply full information in this regard in its next report.

6.  The Committee requests the Government to continue to provide information in its next report on measures taken to promote gender equality in access to all occupations and employment, and to vocational training institutions.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

In addition to the numerous activities the Government has been undertaking over the years to promote gender equality, the Committee notes with interest the wide range of measures recently taken by the Government to promote equality of opportunity on grounds of race and national extraction in access to employment and occupation including the Governmental Plan of Action to Combat Racism and Discrimination (1998-2001), the establishment of a Centre to Combat Ethnic Discrimination, the creation of a committee to review legislation on racial discrimination, and the database for recognition of foreign workers’ academic qualifications.  It also notes the Government’s public apology for past injustices to the Roma people (travellers) in February 1998.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee takes note of the information supplied by the Government in its report, and the comments of the Confederation of Trade Unions in Norway (LO) and the Norwegian Shipowners' Association (NR).

1. The Committee recalls that the Committee set up by the Governing Body in 1983 under article 24 of the ILO Constitution to investigate the alleged inconsistency of section 55A of the Worker Protection and Working Environment Act No. 4/1977 with Article 1, paragraph 2, of the Convention stated that this provision in its present wording "appears to be drafted in such a way that its exception clause could be applied in respect of jobs that do not by their nature carry with them a special responsibility to contribute to the attainment of the institution's objectives". The Committee recalls that section 55A prohibits employers, in recruitment, from demanding that applicants supply information concerning, inter alia, their political, religious or cultural views except where such information is justified "by the nature of the position or if the objective ... of the employer in question includes promotion of particular political, religious or cultural views and the position is essential for the fulfilment of the objective".

2. The Committee notes with interest from the Government's report that, following debate in 1996, a legislative proposal was presented to Parliament on 16 May 1996 to amend section 55A. It also notes the LO's statement that if the proposal is adopted in its present form, the LO will be satisfied with the implementation of the Convention in Norwegian law. According to the report, the proposal gives a person seeking employment the right to be informed in writing of the objective qualifications required for a particular post, and, if court challenges arise, places the burden on the employer of proving that there was no unlawful discrimination in the process of engaging the candidate. The Committee, recalling that Article 1(2) of the Convention permits distinctions, exclusions or preferences in respect of a particular job only on the basis of the inherent requirements of that job, asks the Government to transmit a copy of the proposed text.

3. The Committee would be grateful if the Government would supply a copy of the White Paper on Immigration and a Multicultural Norway (St meld No. 17 (1996-97)), the Governmental Plan of Action to Combat Racism and Discrimination, and the Study on the living conditions among eight of the main immigrant groups, conducted by Statistics Norway. According to the Government's report to the Committee on the Elimination of Racial Discrimination (UN document CERD/C/320/Add.1, dated 23 June 1997), these documents provide information on the practical application of the national policy on equal opportunity and discrimination in employment.

4. The Committee notes that the Government's report is silent as regards section 2 of Act No. 4/1977, raised in its previous comments, which excludes from the scope of the Act (and thus from the protection against discrimination contained in it) workers employed in shipping, hunting and fishing, including the processing of catch on board ship, and military aviation. The Committee has already observed that workers in seagoing navigation are protected under the Seamen's Act. No. 18/1975, which, however, provides protection only against discrimination based on sex. The NR points out that Act No. 18 contains no provision permitting treatment on the basis of race, colour and national or ethnic origin. The Committee points out, however, that the absence of discriminatory provisions in Act No. 18 might not be sufficient to assist those workers in the shipping, hunting and fishing sectors in claiming redress against discrimination in employment on grounds of race or national extraction. It accordingly again asks the Government to supply information on how workers in those sectors of activity not covered by Act No. 4/1977 are given protection against discrimination in employment on grounds other than sex.

5. Noting that the Government does not comment on the amendment to Act No. 4/1977 (by Act No. 2/1995) which extends the principal Act's coverage to homeworkers, the Committee again asks to be kept informed of any regulations issued by the King to give these workers protection against discrimination under the 1977 Act.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

1. The Committee takes note of the information supplied by the Government in its report, in particular its indications concerning equality of opportunity and treatment for workers governed by the Norwegian International Ships Register Act.

2. In its previous comments, the Committee had noted that section 2 of the Worker Protection and Working Environment Act No. 4/1977, containing guarantees against discrimination in employment, excludes from the scope of the Act workers in certain sectors of activity (seagoing navigation, hunting and fishing, including the treatment on board of the produce of fishing, and military aviation) and that the Government had explained that workers in seagoing navigation are protected under the Seamen's Act No. 18/1975, an Act which, however, provides protection against discrimination on the basis of sex, but not on all the grounds listed in Article 1, paragraph 1(a) of the Convention.

The Committee notes with interest that following amendments of 27 November and 15 December 1992 to the regulations on the scope of application of the Seamen's Act, the seamen's legislation was essentially replaced by the Worker Protection and Working Environment Act No. 4/1977 for workers on drilling vessels and other mobile installations in the petroleum sector. The Committee also notes, however, that the Government has not supplied information on how workers in other sectors of activity not covered by Act No. 4/1977 are protected against discrimination on the grounds listed in Article 1, paragraph 1(a) of the Convention; it accordingly asks for such indications in the next report.

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

The Committee takes note of the information supplied by the Government in its report.

1. The Committee recalls that the Committee set up by the Governing Body in 1983 under article 24 of the ILO Constitution to investigate the alleged inconsistency of section 55A of the Worker Protection and Working Environment Act No. 4/1977 with the Convention stated that this provision in its present wording "appears to be drafted in such a way that its exception clause could be applied in respect of jobs that do not by their nature carry with them a special responsibility to contribute to the attainment of the institution's objectives". The Committee recalls that section 55A prohibits employers, in recruitment, from demanding that applicants supply information concerning, inter alia, their political, religious or cultural views except where such information is justified "by the nature of the position or if the objective ... of the employer in question includes promotion of particular political, religious or cultural views and the position is essential for the fulfilment of the objective".

2. The Government states, in reply to the Committee's previous comments following up on the representation, that it is continuously keeping the provision under review. The Government adds that the question as to whether this provision is in conflict with the Convention will depend on its interpretation by national courts, and that no cases were brought under the section in question during the period of the report. The Committee therefore requests the Government to continue to take measures to ensure that section 55A is worded, interpreted and applied in such a manner as to be in conformity with Article 1, paragraph 2, of the Convention, and to inform it in future reports of any developments in the matter.

3. In its previous comments, the Committee had noted that section 2 of Act No. 4/1977 excludes from the scope of the Act, and thus from the protection against discrimination contained in it, workers employed in shipping, hunting and fishing, including the processing of catch on board ship, and military aviation. Workers in seagoing navigation are protected under the Seamen's Act No. 18/1975, which, however, provides protection only against discrimination based on sex. The Committee again asks the Government to supply information on how workers in sectors of activity not covered by Act No. 4/1977 are given protection against discrimination in employment as provided by the Convention.

4. The Committee notes with interest the amendment to Act No. 4/1977 by Act No. 2/1995 to make it applicable to homeworkers. Noting that the extent to which the Act shall be applicable to homeworkers, and employees who perform housework, supervision or care in the household of private employers, is to be determined by regulations prescribed by the King and that the King has not yet issued any such regulations, the Committee asks to be kept informed of any regulations made having a bearing on the protection against discrimination provided by the Act.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

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.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

1. In its previous direct requests, the Committee noted that under section 2 of the Worker Protection and Working Environment Act, No. 4/1977, which contains guarantees against discrimination in employment, workers in certain sectors of activity (seagoing navigation, hunting and fishing, including the treatment on board of the produce of fishing, and military aviation) are excluded from the scope of this Act. The Committee takes note of the information furnished by the Government that workers in seagoing navigation are protected under the Seamen's Act No. 18 of 30 May 1975 as amended in 1985. Noting, however, that Act No. 18/1975 does not contain provisions prohibiting discrimination on grounds other than sex, the Committee repeats its request to the Government to take measures to ensure that workers outside the scope of Act No. 4/1977 are protected against acts of discrimination on all the grounds listed in Article 1, paragraph 1(a), of the Convention. The Committee also requests the Government to specify in its next report how workers in the other sectors of activity not covered by Act No. 4/1977 (those employed in hunting and fishing, including the treatment on board of the produce of fishing, and military aviation) are protected against discrimination in employment.

The Committee notes that the Government has not indicated whether an exemption from coverage under the Equality Between the Sexes Act, No. 45/1978, has been made pursuant to its section 2. It therefore again asks the Government to indicate whether an exemption has been made and to supply the reasons for any such action.

2. The Committee notes that the Norwegian International Ships Register (NIS) Act, No. 48 of 12 June 1987, entered into force on 1 July 1987. Noting that section 6 thereof provides for collective agreements to fix the terms of pay and employment and other working conditions on ships in this register and that collective agreements may be concluded with Norwegian or foreign trade unions, the Committee recalls that specific problems may arise in connection with equal treatment if persons with comparable qualifications and performing work of equal value, especially on the same ship, may be subject to different conditions of employment, and particularly different remuneration. The Committee recalls that the Convention requires the protection of foreign nationals against any form of discrimination, based not on their foreign nationality but on any of the grounds provided for in Article 1, paragraph 1(a), of the Convention. The Committee therefore requests the Government to supply full information, including the text of collective agreements covering ships registered in the Norwegian International Ships Register so as to enable the Committee to ascertain that, beyond residence and nationality, no discrimination is involved, directly or indirectly, on any of the grounds prohibited by the Convention.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the Government's report for the period ending 30 June 1992 and the comments of the Confederation of Norwegian Business and Industry (NHO) on the application of the Convention which were transmitted by the Government.

1. The Committee notes that, according to the NHO, reported differences in male and female wages should be viewed in the light of wages paid in positions held mainly by men and in positions held mainly by women rather than as differentials in male and female pay for the same job, which is not a problem in Norway. The NHO considers that the real problem is that positions employing mainly women pay lower wages than jobs where mainly men work and that women may experience more obstacles than men in advancing to higher positions. The Government reports that, despite the large increase of women in employment (slightly less than half the workforce in the first half of 1992 being female), and the fact that the proportion of women studying typically male-dominated subjects has risen, occupational segregation continues. The Committee welcomes the Government's efforts to overcome this, for example through the measures taken by the labour market services to help widen women's choice of occupation, the appointment of special labour advisory officers to all county employment offices, the JOB-PROFILE project and the continuation of other measures already notified in earlier government reports. It asks the Government to supply information on the results obtained by these measures in bringing equality to the gender-divided labour market and, in particular, to indicate any developments in this connection arising from the government White Paper on equality between the sexes described in the annex to the Government's report. It also refers in this connection to the observation made this year under Convention No. 100.

2. Regarding the effect given to the 1983 recommendation of the committee set up under article 24 of the ILO Constitution, which had requested measures to be taken to remove any inconsistency between section 55A of the Worker Protection and Working Environment Act, No. 45/1977 and Article 1, paragraph 2, of the Convention, the Committee notes that the parliamentary committee created to examine the relationship between the two provisions decided, in 1992, that no contradiction between them existed. The parliamentary committee asked that the question of the amendment of section 55A be taken up again if it should appear that it conflicts with the Convention.

The Committee recalls 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. This is an obligation to make the provisions of the Convention effective in law and in fact. It is therefore necessary, but not sufficient that the provisions of the law should comply with the requirements of the Convention. It is equally important that the provisions of the law should be fully and strictly applied in practice. In the present case, the Committee recalls that, under Article 1, paragraph 2, of the Convention, certain criteria may be brought to bear as inherent requirements of a particular job, but they may not be applied to all jobs in a given occupation or sector of activity. Thus, as pointed out in paragraph 126 of the 1988 General Survey on Equality in Employment and Occupation, systematic application of requirements involving one or more of the grounds of discrimination envisaged by the Convention, to a category of persons defined by their status or employment in an enterprise, irrespective of the aptitude of those persons to carry out the tasks assigned to them, does not correspond to the inherent requirements of a particular job. In paragraph 127 of the General Survey it was emphasized 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.

The Committee accordingly urges the Government to keep section 55A under review in the light of the 1983 recommendation that it be worded, interpreted and applied in such a manner as to be in conformity with the Convention and, in particular, so that it does not permit discrimination on the grounds of race, colour, sex, religion, political opinion, national extraction or social origin except "in respect of a particular job based on the inherent requirements thereof", as required by Article 1, paragraph 2, of the Convention. The Committee requests the Government to provide information in its next report on any developments in this respect.

3. The Committee is addressing a direct request to the Government on certain other points.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee takes note of the information furnished by the Government in its report.

1. In its previous comments the Committee noted that under section 2 of the Worker Protection and Working Environment Act (No. 4 of 1977), which contains guarantees against discrimination in employment, workers in certain sectors of activity (seagoing navigation, hunting and fishing (including the treatment on board of the produce of fishing) and military aviation) are excluded from the scope of this Act.

From the Government's reply to the Committee's query concerning measures taken to ensure that workers outside the scope of Act No. 4 are protected against discrimination, the Committee notes that the Act respecting equality between the sexes (No. 45 of 1978) applies to all spheres, with the exception of the internal affairs of religious communities and provides for equality based on sex in connection with employment, training and cultural life. The Committee therefore renews its previous requests to the Government as to the measures contemplated or taken to ensure that workers outside the scope of Act No. 4 are protected against acts of discrimination also on all the grounds, other than sex, listed in Article 1(a) of the Convention. The Committee also notes that section 2 of Act No. 45 provides that the Crown may decide in special cases that the Act is not to apply to specific spheres. It would be grateful if the Government would provide information on whether an exemption to the application of this Act has been taken pursuant to section 2 and the reasons underlying such action.

2. The Committee notes with particular interest that the Nordic Council of Ministers has designated pay equity as a priority area and a four-year Nordic equal pay project has now been initiated. The Committee requests the Government to continue to furnish, in its reports on Convention No. 100, information on the developments and results of the project as well as those of the BRYT project (focusing on pay equity and on upgrading the value attached to low-paid and women's occupations) and of the projects on pay discrepancies between men and women being undertaken by the Ministry of Labour and Government Administration.

3. The Committee notes that work is still in progress on a Government White Paper (Likestillings meldingen) concerning equality between the sexes in which policy issues will be discussed and proposals made on aspects of equality policy. It hopes the Government will continue to keep it informed of developments on this paper and hopes that in this process consideration will be given to the provisions of the Convention and the Committee's previous comments.

4. The Committee notes with interest the measures taken in the field of training to develop women's technical as well as labour-market skills and knowledge, such as the trial project "Future jobs for women". In the field of vocational guidance it notes the activities undertaken to widen women's occupational choices such as vocational guidance fairs, the project "Bring women into the fisheries", and the "Workshop for the future". In regard to vocational guidance it particularly notes that informant activities play a key role in promoting equality between the sexes. The Committee would be grateful if the Government would continue to provide information on the progress of these activities as well as on other measures taken to or under consideration to give effect to the provisions of the Convention by ensuring equality of opportunity and treatment.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the information supplied by the Government in reply to its previous comments regarding section 55 of the Worker Protection and Working Environment Act (No. 45/1977).

The Committee recalls that the Governing Body, in its conclusions adopted in March 1983 regarding a representation submitted by the Norwegian Federation of Trade Unions (LO) under article 24 of the ILO Constitution, has considered that section 55A is drafted in such a way that employers could question job applicants about their political, religious or cultural views where such views are not relevant to the inherent requirements of a given job. The Governing Body has asked the Government to take measures to ensure that section 55A is worded, interpreted and applied in conformity with Article 1, paragraph 2, of the Convention, and to supply information on the way in which the observance of the Convention is ensured in the application of section 55A of the Act.

In its earlier observations the Committee has noted the decision of the Oslo District Court, the order of the High Court of Eidsivating and the order of the Supreme Court of 27 November 1966 concerning a legal action brought by, amongst others, the Norwegian Union of Civil Service Employees against the Board of a Christian college for the training of social workers (Diasos). The Supreme Court order held that a personnel policy of a religious institution for training social workers, which requires that all candidates for employment in its department of social works be asked about their position concerning the Christian faith, is not contrary to section 55A of the Worker Protection and Working Environment Act.

The Committee recalls that the Government, on request of the Parliament (Storting), had undertaken in 1986 a full analysis and assessment of the relations between section 55A and the Convention, on the one hand, and the European and United Nations Conventions on the other. The Government had stated in its report that this study was not yet completed. The Government also indicated that it had received no further information that section 55A has been applied in such a way as to contradict the Convention and since 1987, no case had been brought to trial on the basis of section 55A. The Committee also recalls that a letter from the LO stated that a committee was established in June 1989 to consider whether changes have to be made to the Act.

In this respect the Committee notes from the Government's report that a possible revision of section 55A of the Worker Protection and Working Environment Act will be considered by a Government-appointed tripartite committee currently charged with discussing a large-scale revision of the above-mentioned Act and that the outcome of the work is expected to be available at the end of 1991.

The Committee requests the Government to supply information on the results of the study requested by the Storting, on the work of the above-mentioned tripartite committee and to continue to furnish information concerning the application in practice of section 55A of the Act.

The Committee also expresses the hope that through the revision to be considered, or other appropriate measures, section 55A of the Act will be worded, interpreted and applied in a manner which does not conflict with the Convention and, in particular, does not permit discrimination on the grounds of race, colour, sex, religion, political opinion, national extraction or social origin, excepting "in respect of a particular job based on the inherent requirements thereof."

The Committee is addressing directly to the Government a request concerning other points.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee takes note of the information furnished by the Government in its reports.

1. The Committee recalls that under section 2 of the Worker Protection and Working Environment Act (No. 4 of 1977) workers in certain sectors of activity are excluded from the scope of the Act, which contains certain guarantees against discrimination in employment. The activities which remain outside the scope of the Act (after measures noted in the previous request) are sea-going navigation, hunting and fishing (including the treatment on board of the produce of fishing), and military aviation. The Committee points out that there is no provision in the Convention limiting its scope as regards either individuals or occupations. It again asks the Government to indicate the measures taken or under consideration to ensure that workers still outside the scope of Act No. 4 are also protected against acts of discrimination, in conformity with the purpose of the Convention to protect all persons against the types of discrimination to which it refers.

2. With regard to discrimination on the basis of sex, the Committee notes that women in the age range 25-66 years show an increasing tendency in recent years to enter the labour market, and that despite a continued propensity of the majority of boys and girls to choose their education in subjects and lines of study which are traditional for the two sexes, the proportion of women has risen in typically male-dominated fields of learning such as economics and administration, medicine, law and engineering. The Committee notes with interest the positive measures taken by the Government to integrate men and women into non-traditional occupational fields, in particular, the payment of a subsidy to employers who engage a woman in a job traditionally considered to be male and a man in a job considered female; the action aimed at training women in male-dominated occupations by informing and motivating school-aged girls to choose non-traditional education and occupations; and the several aspects of the Nordic "BRYT" project which took place in Norway aimed at developing and trying out models intended to break down the gender-divided labour market. It notes from the reports that, as the project concluded in 1989, it can be considered a qualified success in opening up gender-neutral occupations and training courses to women, but that the gender-separated labour market and traditional choice of occupations persist.

The Committee asks the Government to continue to furnish information on the measures taken or under consideration to give effect to the provisions of the Convention by ensuring equality of opportunity in employment and occupation, and also on the progress achieved. As concerns the new Pan-Nordic project which is to follow on from BRYT it notes that it will focus on pay equality and on upgrading the value attached to low-paid and women's occupations. The Committee hopes to receive information in future reports on its progress. It asks the Government to furnish information on co-operation with employers' and workers' organisations in this field.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the information supplied by the Government in its reports, in reply to its previous comments.

In its earlier observations, the Committee has referred to the conclusions adopted by the Governing Body in March 1983, following its examination of a representation submitted by the Norwegian Federation of Trade Unions (LO) under article 24 of the ILO Constitution. The Governing Body considered that section 55A of the Worker Protection and Working Environment Act (No. 4 of 1977) (as amended by Act No. 22 of 1982), was drafted in such a way that employers could question job applicants about their political, religious or cultural views where such views were not relevant to the inherent requirements of a given job. It has asked the Government to take measures to ensure that section 55A is worded, interpreted and applied in conformity with Article 1, paragraph 2, of the Convention, and has asked the Government to supply information on the way in which the observance of the Convention is ensured in the application of section 55A of the Act. The LO has informed the Office, in a letter dated 20 October 1989, that it has again reminded the Government to consider the revision of this provision in the light of the Committee's previous examination of this question.

In its previous comments, the Committee noted the decision of the Oslo District Court, the order of the High Court of Eidsivating, and the order of the Supreme Court of 27 November 1986 concerning a legal action brought by, amongst others, the Norwegian Union of Civil Service Employees against the Board of a Christian college for the training of social workers (Diasos). The Supreme Court order in the case held, on appeal from the two lower court, that a personnel policy of a religious institution for training social workers which requires that all candidates for employment in the Department of Social Works be asked about their position with regard to the Christian faith, is not contrary to section 55A of the Worker Protection and Working Environment Act. The Committee had also noted that the Government, on request of the Parliament (Storting), had undertaken in 1986 a full analysis and assessment of the relations between section 55A and the Convention, on the one hand, and the European and United Nations Conventions on the other. The Government has stated in its report that this study is not yet completed. The Government also indicates that it has received no further information that section 55A has been applied in such a way as to contradict the Convention. Further, since 1987, no case has been brought to trial on the basis of section 55A. The above-mentioned letter from the LO states that a committee was established in June 1989 to consider whether changes have to be made to the Act.

The Committee recalls that section 55A of the Worker Protection and Working Environment Act appears to permit an employer's inquiry into religious, political or cultural views where such views may not be relevant to the inherent requirements of a given job. The Committee wishes to call the Government's attention to its statement in paragraph 127 of its 1988 General Survey on Equality in Employment and Occupation that "in the case of a religious, ethnic or political institution, the inherent requirements of a particular job must also be evaluated in the light of the actual bearing of the tasks performed on the institution's specific objectives". Thus, "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"; regard must, however, be had to the actual duties of the job in question and, when necessary, to the direct bearing of these duties on the institution's objectives.

The Committee again requests the Government to provide information in its next report on measures taken to ensure that section 55A of the Act is interpreted and applied in a manner which does not conflict with the Convention and, in particular, does not permit discrimination on the grounds of race, colour, sex, religion, political opinion, national extraction or social origin, excepting "in respect of a particular job based on the inherent requirements thereof." The Committee asks the Government to supply information on the results of the study requested by the Storting and to continue to furnish information concerning the application in practice of section 55A of the Act. It also requests the Government to supply information on the points raised in a request that is being addressed directly to it.