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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 2 and 3. Equality of opportunity and treatment between men and women. The Committee previously noted the adoption in 2009 of the long-term Strategy for gender equality in the labour market and requested the Government to provide information on the specific measures implemented in that framework, to address occupational segregation in the labour market. It notes the Government’s indication that a Gender Equality Agency was established in January 2018 to achieve an effective application of the gender equality policy, through monitoring, analysis, and coordination actions. It observes that the Government does not provide any information on the activities of the Agency or on the measures implemented to address occupational segregation in the labour market as mentioned in its 2021 direct request under the Equal Remuneration Convention, 1951 (No. 100). The Committee however notes that, in 2019, in the context of the Universal Periodic Review (UPR), conducted under the auspice of the United Nations (UN) Human Rights Council, the Government stated that the goal of the gender equality policy has not been attained in the private sector, as despite some progress, men continue to dominate in the boardrooms of private companies and in management. In 2018, boards of directors in private companies comprised 34 per cent women and 66 per cent men, while women accounted for 9 per cent and 8 per cent of chairpersons and CEOs respectively. Distribution between men and women is equal in wholly and partly state-owned companies, with figures standing at 48 per cent women and 52 per cent men in the same year (A/HRC/WG.6/35/SWE/1, 11 November 2019, paragraph 70). The Committee further notes, from the 2020 report of the National Mediation Office, forwarded by the Government, that while women have on average a higher education than men (with 51.5 per cent of women having a post-secondary education or postgraduate education compared to 38 per cent of men), only 5.6 per cent of women have managerial positions, compared to 7.9 per cent of men. The Mediation Office further highlights that, as a result of the COVID-19 pandemic, after several years of increase, the number of employees decrease; this decrease being twice as large among women than among men. The proportion of women decreased in all sectors except within the state. The Committee notes this information. It further notes that, as highlighted in 2019 in the context of the UPR, several UN treaty bodies expressed concern at the persistence of horizontal and vertical occupational segregation, with women being still concentrated in part-time work (A/HRC/WG.6/35/SWE/2, 12 November 2019, paragraph 43). Furthermore, in the context of the UPR, the Human Rights Council specifically recommended to implement additional measures to achieve gender equality in all spheres, in particular in employment and decision-making (A/HRC/44/12, 18 March 2020, paragraph 156). The Committee trusts that the Government will strengthen its efforts to identify and implement effective measures to address occupational gender segregation and improve equality of opportunity and treatment for men and women in employment and occupation, including in the framework of the long-term Strategy for gender equality in the labour market. It asks the Government to provide information on the concrete measures implemented to that end, in particular by the Gender Equality Agency, as well as on any assessment made of their impact on the employment of women at all levels, including by providing any available statistical information.

Gender equality plans. Previously, the Committee requested information on the adoption, implementation and impact of gender equality plans at the enterprise level as required by the Discrimination Act, and on the measures taken to promote gender equality in enterprises with less than 25 employees. The Committee welcomes the adoption, on 1 January 2017, of the Act (2016:828) amending the Discrimination Act (2008:567) so that all employers, despite size, have now a duty to carry out active measures, in cooperation with the employees, concerning working conditions, wages, recruitment and promotion, vocational training and the reconciliation of work and parenthood. It, however, notes the Government’s indication that a commission of inquiry has been appointed to analyse whether the current provisions regarding supervision of active measures in the Discrimination Act are appropriate for effective compliance with the Act and that it suggested a set of changes in order to achieve more effective supervision. The Government adds that these proposals have been sent for referral and the results are currently under consideration. The Committee further refers the Government to its 2021 direct request under the Equal Remuneration Convention, 1951 (No.100). The Committee asks the Government to provide information on the steps taken, including as a result of the recommendations made by the commission of inquiry and the evaluation made by the Equality Ombudsman, in order to address any deficiencies observed regarding the elaboration, implementation and evaluation of gender equality plans. It asks the Government to provide information on any concrete assistance provided by the Equality Ombudsman to that end, with a view to promoting gender equality, including by raising awareness about the Discrimination Act, as amended in 2017. The Committee further asks the Government to provide information on any recent evaluation carried out on the implementation of active measures and gender equality plans.

Equality of opportunity and treatment irrespective of race, colour and national extraction. National minorities. Roma and Sami. The Committee previously noted that: (1) the Act on National Minorities and National Minority Languages (2009:724) (hereinafter, Act on National Minorities) includes provisions seeking to improve access to education for persons speaking minority languages, in particular Jewish, Roma, Sami, Swedish Finn, and Tornedaler persons; and (2) the Government adopted in 2012 a coordinated Long-Term Strategy for Roma Inclusion 2012–32, as part of the Government’s policy on national minorities, which covers several areas among which education and employment. It notes the Government’s statement that a National Plan to Combat Racism, Similar Forms of Hostility and Hate Crimes was adopted, in November 2016, in order to prevent and combat racism and hate crimes through an integrated approach. The Committee observes that the National Plan highlights the great need for a better awareness of the Act on National Minorities. The Government adds that, as part of the National Plan, the Sami Parliament was commissioned to map racism against Sami today and to propose concrete measures.

Regarding the implementation of the Strategy for Roma Inclusion, the Committee notes the Government’s indication that the Public Employment Service and the Equality Ombudsman have undertaken several trainings and awareness-raising activities to enhance Roma inclusion. Concerning the pilot project launched in five municipalities to participate in development activities for Roma inclusion, the Committee notes the Government’s statement that in light of the positive results achieved in education, social services and employment, it was decided to reinforce and expand this initiative beyond 2019. The Committee welcomes this information. It however observes that nor the Strategy for Roma Inclusion nor the National Plan to combat racism contain clear targets and measurable outputs that would enable a concrete assessment of their implementation. The Committee notes the Government’s statement that the Equality Ombudsman carried out several activities in favour of the national minorities, including Roma and Sami, but that such activities were not specifically directed at combating discrimination in employment or occupation. The Committee however notes that, in its 2018 concluding observations, the UN Committee on the Elimination of Racial Discrimination (CERD) expressed specific concerned about: (1) continued difficulty faced by Roma in accessing education, employment, housing, health care and justice; and (2) continued reports of hate crimes and discrimination against Sami people (CERD/C/SWE/CO/22-23, 6 June 2018, paragraphs 16 and 24). Referring to its previous request regarding disaggregated statistical data, the Committee notes the Government’s statement that such information is not available as a result of its restrictive approach to collecting data on ethnic grounds, but that a Special Rapporteur was commissioned to evaluate the need for measures to improve qualitative data on Sweden’s national minorities on the basis of each minority’s circumstances and needs. The Committee asks the Government to provide information on the proactive measures implemented to ensure equality of opportunity and treatment irrespective of race, colour and national extraction for the national minorities, more particularly Roma and Sami, and enhance their equal access to education, training and employment, including in the framework of the National Plan to Combat Racism, Similar Forms of Hostility and Hate crimes and the Long-Term Strategy for Roma Inclusion 2012–32. It asks the Government to provide information on the impact of the measures implemented so far, as well as on the recommendations made by the Sami Parliament as a result of the mapping of discrimination against Sami. Recalling that appropriate data and statistics are crucial in particular to monitor and evaluate the effectiveness of the measures taken to address discrimination and make the necessary adjustments, the Committee asks the Government to provide any available statistical information, disaggregated by sex, or findings of qualitative studies on the labour market situation of the national minorities, more particularly Roma and Sami.

Afro-Swedes and persons of African descent. The Committee notes that, as highlighted in the context of the UPR, several UN treaty bodies expressed concern about reports of economic segregation and discrimination against Afro-Swedes and persons of African descent, in particular in education and employment. It further notes that the UN Working Group of Experts on People of African Descent also considered that the structural discrimination faced by Afro-Swedes and persons of African descent constitutes an extensive social problem that has not been addressed sufficiently (A/HRC/WG.6/35/SWE/2, 12 November 2019, paragraph 12; and CERD/C/SWE/CO/22-23, 6 June 2018, paragraph 22). Furthermore, in its 2021 country report on non-discrimination in Sweden, the European Commission also highlighted that the evident negative effects of discrimination on Afro-Swedes in the labour market are well-documented (p. 5). The Committee therefore asks the Government to provide information on the measures taken to prevent and address economic segregation and discrimination in employment and occupation of Afro-Swedes and persons of African descent, as well as on the results of any measures and programmes already implemented to that end. It further asks the Government to provide any available statistical information, disaggregated by sex, on the labour market situation of Afro-Swedes and persons of African descent.

Newly arrived migrants. The Committee notes that the Introduction Act (2010:197) which provided for a variety of measures to facilitate access to employment for newly arrived immigrants was replaced, in 2017, by the Act on the Responsibility for Establishment Contributions for Newly Arrived Immigrants (2017:584) (hereinafter, Act on Newly Arrived Immigrants) which introduces, inter alia, an education and job-training obligation for newly arrived immigrants. In that regard, it notes that, in its 2020 conclusions, the European Commission against Racism and Intolerance (ECRI) observed that, while the share of participants employed within three months after the completion of the Introduction Programme grew from 27 per cent in 2016 to 39 per cent in September 2018, it decreased to 33 per cent in 2019; and that evaluations of the Introduction Programme further show that women are less likely than men to have access to, and benefit from, integration measures. The Committee asks the Government to provide information on the measures taken, including in the framework of the Act on Newly Arrived Immigrants, to promote the integration into the labour market and equality of opportunity in employment and occupation of newly arrived migrants, in particular women, as well as on any assessment made of their impact. More particularly, it asks the Government to provide updated statistical information, disaggregated by sex, on the labour market situation of newly arrived migrants and the share and gender of participants to the Introduction Programme who have been effectively employed as a result of the programme.

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.

Enforcement. Referring to its previous comments, the Committee notes the Government’s indication that the number of complaints made before the Equality Ombudsman regarding working life raised gradually since 2017, passing from 240 in 2017 to 988 in 2020, and that the main grounds of discrimination between July 2017 and June 2021 were ethnicity (1,247), sex (940), age (562), disability (547), religion (234), sexual orientation (65) and transgender identity or expression (58). Observing the limited number of legal proceedings initiated and judgments issued on cases of discrimination, the Committee notes that, in its 2021 country report on non-discrimination in Sweden, the European Commission highlights that potential discrimination litigants face various obstacles such as low levels of rights awareness, trust in the legal system and experience with lawyers and the legal system; as well as limited awards if successful. In that respect, the Committee takes note of the adoption of the Law on the Human Rights Institute (SFS 2021:642) on 9 June 2021. It notes that the Institute, that will be established on 1 January 2022, will monitor, investigate and report on the situation of human rights in Sweden and submit proposals to the Government on further measures that are needed to safeguard human rights. The Committee asks the Government to continue to provide information on the number, nature and outcome of cases of discrimination in employment and occupation dealt with by the Equality Ombudsman, the labour inspectorate, the courts or any other competent authorities. It further asks the Government to provide information on: (i) any measures taken to remove any obstacles that may be faced by potential discrimination litigants; and (ii) the activities of the Human Rights Institute regarding the scope of application of the Convention.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 1(1) of the Convention. Prohibited grounds of discrimination. Legislation. The Committee previously noted that the Discrimination Act (2008:567) does not include “political opinion” and “social origin” as prohibited grounds of discrimination. Welcoming the inclusion of the ground of “transgender identity or expression” in the national hate crime legislation on 1 July 2018, the Committee notes with regret that the grounds of “political opinion” and “social origin” are still not included in the national legislation. In this regard, the Committee recalls that the Government referred in its previous report to a possible investigation to establish a comprehensive ban on discrimination with an “open list” of prohibited grounds. The Committee notes the Government’s statement in its 2017 report that there are currently no plans to review the possibility of having an “open list” of prohibited grounds of discrimination in the Discrimination Act. The Committee wishes to recall that, when legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination enumerated in Article 1(1)(a) of the Convention (General Survey on the fundamental Conventions, 2012, paragraph 853). The Committee therefore asks the Government to take the necessary steps to ensure that the legislation includes an explicit prohibition of discrimination on at least all the grounds enumerated in Article 1(1)(a) of the Convention, in particular “political opinion” and “social origin”. It asks the Government to provide information on any progress made to that end. In the meantime, the Committee asks the Government to provide information on the steps taken to ensure protection against discrimination in employment and occupation on the grounds of “political opinion” and “social origin” in practice, as well as any relevant administrative or judicial decisions handed down in this respect.

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

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 1(1)(a) of the Convention. Grounds of discrimination. The Committee recalls that the Discrimination Act, 2009, does not include political opinion or social origin as prohibited grounds of discrimination. The Committee also recalls that in its previous report the Government referred to the “Stronger safeguards against discrimination” Bill (2007/08:95) and was considering ordering an investigation into the possibility of establishing a comprehensive ban on discrimination with an “open list” of prohibited grounds. In this regard, the Committee notes the Government’s indication that no inquiry has yet been initiated. The Committee recalls that when legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination enumerated in Article 1(1)(a) of the Convention. The Committee encourages the Government to carry out the investigation planned, in order to consider the possibility of adopting legislation prohibiting discrimination including on the grounds of political opinion and social origin in employment and occupation and to provide information on any progress made in this respect. The Committee further requests the Government to provide detailed information on how it ensures, in practice, protection against discrimination based on political opinion and social origin.

Article 2. Equality of opportunity and treatment of men and women. The Committee recalls that the Government had adopted a long-term strategy for gender equality in the labour market in 2009, which provides for specific measures, including addressing horizontal occupational segregation in the labour market. The Committee notes the Government’s indication that the Delegation for Gender Equality in Working Life was established in 2011 which has the function of proposing actions to promote gender equality in working life and to increase women’s participation in the labour force. The report of the Delegation is due by the end of 2014. The Committee requests the Government to provide information on the implementation of the long-term strategy for gender adopted in 2009 and on the report of the Delegation for Gender Equality in Working Life as well as on the measures taken thereon and the results achieved. Please also provide information on the Equality Ombudsman’s plan for 2013–15 which prioritizes work on equal rights and opportunities of Jewish, Roma, Sami, Swedish Finn and Tornedaler persons.

Gender equality plans. In its previous comments, the Committee requested information on the adoption, implementation and impact of gender equality plans at the enterprise level as required by the Discrimination Act, and on the measures taken to promote gender equality in enterprises with less than 25 employees. The Government indicates in its report under the Equal Remuneration Convention, 1951 (No. 100), that no information on the number of gender equality plans is available. The Government also refers to the role of the Equality Ombudsman in the elaboration and evaluation of the gender equality plans. The Committee requests the Government to provide information on the concrete assistance that has been provided by the Equality Ombudsman in the elaboration of the gender equality plans, the evaluation of their impact, and the promotion of gender equality. Please provide information on any other measures taken to promote gender equality in employment and occupation in enterprises with less than 25 employees.

Equality of opportunity and treatment irrespective of race, colour, national extraction and religion. The Committee notes that the Act on National Minorities and National Minority Languages, which came into force in 2010, aims at protecting and promoting the languages of the national minorities and provides for the opportunity of national minorities to retain their culture. It includes provisions seeking to improve access to education for persons speaking minority languages, in particular Jewish, Roma, Sami, Swedish Finn, and Tornedaler persons. The Committee notes the information provided by the Government on the implementation in practice of the Act. The Committee further notes the Government’s indication that the Introduction Act, which also came into force in 2010, provides for a variety of measures to facilitate access to employment for newly arrived immigrants (i.e. refugees, other persons in need of protection and their family). The Committee requests the Government to continue to provide information on measures to promote integration and equality of opportunities for minority groups and foreign-born persons, and their impact on the promotion of equality of opportunities in employment and occupation irrespective of race, colour, national extraction and religion and the difficulties encountered. Please indicate the measures taken to address discrimination in employment and occupation against immigrants, in particular newly arrived immigrants and persons born outside Europe, on the grounds of race, colour, national extraction and religion.

Situation of the Roma. The Committee notes that according to the final report of the Delegation for Roma Issues, it was estimated that only 10 per cent of Roma persons in the municipality of Malmö were employed and only 5 per cent attended secondary education The report recommends the adoption of a variety of relevant measures, including that the Swedish Agency for Economic and Regional Growth should prepare a national programme for Roma employment in which half of the funds would be allocated for female-oriented initiatives (Roma rights – a strategy for Roma in Sweden, SOU 2010:55, pages 314, 364 and 367). The Committee notes that as part of the Government’s policy on national minorities, the Government adopted in 2012 a Coordinated Long-term Strategy for Roma inclusion 2012–32. The Strategy contains six areas of activity including education, work, housing, health, social care and social security. The Strategy includes a pilot project which has been launched employing mediators to serve as a link between Roma jobseekers and potential employers in five municipalities. The strategy also focuses on access to education and the inclusion of Roma women in the labour market. The Committee requests the Government to provide information on the implementation and results of the pilot project, as well as any other concrete measures related to employment and education adopted in the framework of the Coordinated Long-term Strategy for Roma inclusion and measures taken to address prevailing stereotypes of Roma and to create understanding of the situation of the Roma minority. Please also provide statistics disaggregated by sex concerning the situation of Roma in education, employment, and occupation.

The Sami. The Committee notes that an amendment to the Swedish Instrument of Government entered into force in January 2011, recognizing the Sami as a people. The Committee also notes the Government’s indication that the “Discrimination against the Sami as an indigenous people” project, undertaken by the Equality Ombudsman through the year 2015, seeks to gather information on the situation of the Sami and on how to ensure their equal access to rights and opportunities. The Committee requests the Government to provide information on the findings and recommendations of the “Discrimination against the Sami as an indigenous people” project, and the measures adopted thereon. Please provide statistical information gathered on the situation of the Sami in education, employment, and occupation.

Enforcement. The Committee notes the statistical information provided by the Government, which shows that out of 2,732 complaints received by the Equality Ombudsman, 564 were passed on to the union and 28 were taken further (ten resulted in mediation, five were sent to court, two were withdrawn and 11 are still under examination). The Committee requests the Government to continue to provide information on the complaints submitted to the Equality Ombudsman including information on the criteria of admissibility, the number and nature of complaints indicating the grounds of discrimination alleged, and their outcomes, as well as cases brought by the Equality Ombudsman before the Labour Court.

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

Grounds of discrimination. The Committee recalls that the Discrimination Act, which entered into force on 1 January 2009, prohibits discrimination and promotes equal rights and opportunities on a range of grounds, but does not include some of the grounds enumerated in Article 1(1)(a) of the Convention, namely political opinion and social origin. In this connection, the Committee notes that the Government refers to the Bill entitled “Stronger safeguards against discrimination” (2007/08:95), in which it expresses the view that “ … it may be of interest to investigate the suitability and possibility of framing a general and comprehensive ban on discrimination based on the principle of universal human equality of dignity and rights … therefore contemplates ordering an investigation of the possibilities of a discrimination ban with an open list”. The Committee asks the Government to continue to provide information regarding the developments in adopting an open list of prohibited grounds of discrimination, and to indicate how it ensures, in practice, the prohibition of discrimination based on political opinion and social origin.

Gender equality plans. The Committee recalls that the Discrimination Act requires employers to take active measures to promote equal opportunities at the workplace (Chapter 3), and for that purpose, gender equality plans must be drawn up every three years by employers with more than 25 employees (Chapter 3, sections 4–9 and 13). The Committee notes the Government’s indication that the Equal Opportunities Ombudsman has prepared a manual to assist the social partners in drawing up gender equality plans. The Committee asks the Government to continue to provide information on the adoption, implementation and impact of gender equality plans at the enterprise level, and on any measures taken to promote gender equality in employment and occupation in enterprises with less than 25 employees.

Equality of opportunity and treatment of men and women in employment and occupation. The Committee notes that the Government introduced in 2009 a long-term strategy for gender equality in the labour market and the business sector. In this regard, the Committee notes from the information provided by the Government under the Equal Remuneration Convention, 1951 (No. 100), that 60 specific measures have been introduced, including measures aimed to eliminate the wage gap and the horizontal occupational segregation in the labour market. The Committee also notes that measures have been taken by the Government with regard to increasing full-time employment of women, the promotion of women’s entrepreneurship and the equal representation between men and women in company boards and directorates of national authorities. The Committee notes in this respect that the number of women on boards of publically owned companies was 49 per cent in 2010, and the number of female chairpersons on the directorates of national companies was 34 per cent. The Committee asks the Government to continue to provide information on the measures taken to promote equality of opportunity and treatment of men and women in employment and occupation, including the impact of these measures on reducing occupational gender segregation.

Equality of opportunity and treatment irrespective of race, colour, national extraction and religion. The Committee notes the Government’s indication that the integration of immigrants within the labour market and the educational system is relatively poor. The Government points out several factors which would explain this poor integration, such as the general level of labour supply and demand, immigrants’ language skills, the direction and level of their education, employers’ ability to correctly evaluate educational and vocational merits acquired abroad, discrimination and length of residential standing. The Committee notes that a strategy has been set up to address equality of opportunity and treatment in education and employment for immigrants. The strategy aims at addressing a range of areas including employment and entrepreneurship; better educational performance and equivalence at schools; and language and education for adults. The Committee further notes that a new strategy on national minorities was adopted in June 2009 containing measures to strengthen the rights of migrants and in particular to counteract discrimination and marginalization. The Government indicates that a number of authorities will monitor the national strategy for a period of three years. The Committee asks the Government to provide further information regarding the impact of the national strategies on promoting equality of opportunity and treatment in employment and occupation irrespective of race, colour, national extraction and religion. The Committee also asks the Government to provide statistical information disaggregated by sex, on the employment rates of foreign- and native-born persons in the public and private sectors. The Committee reiterates its requests for information on the results of the analysis of the impact of the Ordinance on Anti-Discrimination Clauses in Procurement, 2006.

Situation of the Roma. The Committee notes that the Delegation for Roma Issues has conducted a broad inquiry and was to submit a final report in June 2010. The Committee also notes that the Equality Ombudsman is preparing a report based on the work of the former Ombudsman against Ethnic Discrimination (DO) which will examine how a national equality body can work with the law to redress grievances of the Roma women and men as well as to counter discriminatory structures. The Committee asks the Government to continue to provide information on the measures taken or envisaged to combat prejudice and discrimination against the Roma, including information taken to promote their access to education, training, employment and occupation. The Committee also asks the Government to supply a copy of the reports submitted by the Delegation for Roma Issues and the Equality Ombudsman, once available, as well as any relevant statistics concerning the situation of Roma in education, employment and occupation.

The Sami. The Committee notes that the Stockholm County Administrative Board and the Sami Parliament have received the mandate to monitor the new national minority strategy. The Committee also notes that funds have been provided to the Sami Parliament in 2008 and 2009 to improve the participation of Sami women in society and in the political process. The Committee further notes that the Equality Ombudsman has published two reports concerning the Sami people with a view to preventing and counteracting discrimination against them. The Committee asks the Government to continue to provide information on the measures taken or envisaged to combat discrimination and promote equality of opportunity and treatment of the Sami people, including the impact thereof. The Committee also requests the Government to provide summaries of the findings and recommendations of the two reports of the Equality Ombudsman. Please also provide statistical information concerning the Sami people’s access to education, training, employment and occupation. Having noted previously that a bill was to be submitted to Parliament in March 2010 on the possible ratification of the Indigenous and Tribal Peoples Convention, 1989 (No. 169), the Committee requests information concerning any developments on the status of the Bill on Sami rights and the prospects of ratification of Convention No. 169.

Cooperation with social partners. The Committee notes that under the Discrimination Act, employers and employees “are to cooperate on active measures to bring about equal rights and opportunities in working life regardless of sex, ethnicity, religion or other belief, and in particular to combat discrimination in working life on such grounds” (Chapter 3, section 1). The Committee further notes from the Government’s report that a “Greenhouse project” has been conducted to develop and disseminate a method for discovering and preventing discrimination and harassment in the workplace. The Government indicates that the method is intended to support proactive measures taken by the social partners at the workplace. The Committee asks the Government to provide further information on the implementation of Chapter 3, section 1, of the Discrimination Act, including specific information on active measures taken by the social partners.

Enforcement. The Committee notes that eight cases have been brought before the Labour Court by the Equality Ombudsman. The Committee requests the Government to continue to provide information on discrimination cases, including those brought to the attention of the Labour Court by the Ombudsman. The Committee also asks the Government to continue to provide information on the monitoring activities of the Equality Ombudsman concerning the application of the Convention, as well as information on the number, nature and outcome of cases brought by the Ombudsman before the Labour Court.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Gender equality plans. The Committee notes that, compared to the previous legislation, under the new Discrimination Act, the threshold for drawing up gender equality plans has been increased from employers with more than ten employees to employers with more than 25 employees (Chapter 3, sections 4–9 and 13). The Committee also notes the information in the Government’s report on the audits of compliance with the statutory requirements concerning active measures, including gender equality plans. The Committee requests the Government to continue to provide information on:

(i) the adoption, implementation and impact of gender equality plans at the enterprise level in collaboration with workers’ organizations; and

(ii) on any measures taken to promote gender equality in employment and occupation in enterprises with less than 25 employees.

Equality of opportunity and treatment of men and women in employment and occupation. The Committee further notes from the Government’s report that horizontal and vertical occupational sex segregation in the labour market persists, including in local and regional government institutions. It also notes that the Government has been taking a variety of measures to address the persistent gender inequalities in employment and promote women’s job opportunities to enhance the right of women to full-time work. The Government also intends to analyse some of these measures with a view to preparing a strategy to enhance gender equality in the labour market and the business world. The Committee asks the Government to provide additional information on the results of the various measures taken on reducing the occupational segregation by gender, and promoting women’s participation in high-level positions in both the private and public sectors. Please also provide information on the progress made in the adoption of a strategy to enhance gender equality in the labour market.

Equality of opportunity and treatment irrespective of race, colour, national extraction and religion. The Committee notes from the Government’s report that in 2007 the employment rate of foreign-born men and women was, respectively, 61.8 per cent and 53.3 per cent while it amounted to 70.8 per cent and 65.9 per cent for native-born persons. It further notes that the percentage of national government employees with foreign background did not significantly increase between 2006 (11.1 per cent) and 2007 (11.4 per cent). The Committee also notes that the Ombudsperson against Ethnic Discrimination (DO) found that, where municipalities have an integrated plan to promote gender equality and diversity, these are often too focused on gender equality, whereas work for the promotion of equality of rights and opportunities regardless of ethnicity or religion often remains at the visionary level. The Committee notes that the DO, in collaboration with the social partners, has prepared a handbook indicating how employers and workers’ representatives can act to avoid discrimination against women with foreign backgrounds. The Committee requests the Government to provide further information on the measures taken or envisaged to promote equality of opportunity and treatment in employment and occupation irrespective of race, colour, national extraction and religion, and the impact of such measures in the public and private sectors. Please continue to provide statistical information, disaggregated by sex, on the employment rates of foreign- and native-born persons in the public and private sectors.

As regards the public sector, the Committee notes the Government’s indication that the impact of the Ordinance on Anti-Discrimination Clauses in Procurement, 2006, was being evaluated and that the results were to be published before the end of 2008. The Committee asks the Government to provide information on results of the analysis of the impact of the Ordinance on Anti-Discrimination Clauses in Procurement, 2006. Please also continue to provide information, including statistics, on the impact of the measures taken or envisaged to apply the principle of the Convention to the public sector.

Situation of the Roma. The Committee notes the twofold strategy adopted by the DO to counteract discrimination against the Roma based on improving the Roma’s knowledge of their rights and on raising awareness of Roma issues among DO officers. It also notes that, according to the DO, the position of the Roma in the labour market has resulted from prolonged discrimination, and that only two complaints were lodged with the DO by Roma individuals concerning discrimination in employment and occupation. In this regard, the Committee notes from the comments of the Advisory Committee charged with monitoring the application of the Framework Convention for the Protection of National Minorities that discrimination often goes unreported due to the limited confidence of the victims in the remedies available or because of their insufficient awareness of these remedies (ACFC/OP/II(2007)006, 8 November 2007, paragraph 43). The Committee requests the Government to provide additional information on the measures taken to combat prejudices and discrimination against the Roma and promote their access to education, training, employment and occupation on an equal footing with the rest of the population, and to provide information, including statistics, on the results achieved including by the Delegation for Roma Issues. It also requests the Government to provide information on the impact of any measures taken to raise awareness among the Roma of the relevant non-discrimination legislation and the procedures and remedies available in case of violation.

The Sami. Further to its previous comments, the Committee notes that the report of the study on Sami hunting and fishing rights is still being reviewed as its conclusions met with criticism from the Sami communities and other parties concerned. The Committee notes that the results of this study as well as the possible ratification of the Indigenous and Tribal Peoples Convention, 1989 (No. 169), will be addressed in a bill to be submitted to Parliament in March 2010. The Committee further notes that, according to the DO, Sami people continue to experience discrimination in many sectors of society. The Committee requests the Government to provide information on the following:

(i)    any measures taken or envisaged to combat discrimination and promote equality of opportunity and treatment of Sami peoples with respect to access to educational and occupational opportunities and the impact thereof; and

(ii)   any developments concerning the status of the Bill on Sami rights as well as prospects of ratification of Convention No. 169.

Enforcement and cooperation with social partners. The Committee notes that, according to the DO, while many employers declare policies to combat discrimination and set goals in this respect, concrete and verifiable targets are often lacking. Therefore, the DO has given more priority to initiating contacts with trade unions in industry and the public sector with a view to discussing ways in which it can support them in the implementation of active measures within the framework of the collective bargaining system. The Committee asks the Government to continue to provide information on any measures aimed at strengthening the capacity of employers and workers and their organizations to implement, monitor and assess the impact of equality policies. Please also continue to provide information on the monitoring activities of the Equality Ombudsperson concerning the application of the Discrimination Act, including information on the supervision of employers’ compliance with the obligation to adopt positive measures, the number of sanctions imposed and the cases brought by the Ombudsperson to the attention of the Labour Court.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Grounds of discrimination. The Committee notes the entry into force on 1 January 2009 of the Discrimination Act, 2008, superseding the Equal Opportunities Act and the Prohibition of Discrimination Act. The Committee notes that the new Act is designed to combat discrimination and promote equal rights and opportunities regardless of sex, transgender identity or expression, ethnicity, religion or other belief, disability, sexual orientation or age. The Committee also notes that, pursuant to Chapter 2, section 1, of the Act, the protection against discrimination has expressly been extended to include, in addition to employees and jobseekers, also training applicants and trainees, persons enquiring about job vacancies and persons seeking or performing temporary or agency work. Recalling its previous comments concerning the absence in the legislation of the prohibited grounds of political opinion and social origin, the Committee notes that such grounds have not been included in the new Act. The Committee also notes the clarification provided by the Government that the ground of “belief” is not meant to cover political opinion. The Committee wishes to stress that, when provisions are adopted to give effect to the principle laid down in the Convention, they should include all the grounds of discrimination specified in Article 1(1)(a) of the Convention. In this regard, it notes the Government’s indication that the possibility of adopting an open list of prohibited grounds of discrimination has been envisaged as a subject matter for further study. The Committee requests the Government as follows:

(i)    to clarify the reasons for not including the grounds of political opinion and social origin in the new Discrimination Act, and to indicate any developments concerning the adoption of an open list of prohibited grounds of discrimination;

(ii)   to indicate how the application of the Convention in respect of the grounds of political opinion and social origin is ensured in practice.

(iii) to provide detailed information on the application of the Discrimination Act, including information on the adoption of the “active measures” contemplated in Chapter 3 and their impact on promoting the principle of equality of opportunity and treatment in employment and occupation.

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

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

1. Legislation. Prohibited grounds of discrimination. The Committee recalls its previous comments concerning discrimination based on political opinion and social origin which do not appear to be covered by the Prevention of Discrimination Act 2003. In this regard, the Committee notes from the Government’s report that the Parliamentary Committee on Discrimination recommended in February 2006 the enactment of consolidated anti-discrimination legislation which, in addition to the grounds already covered by the existing legislation, would introduce two new grounds, namely age and gender identity. The Committee trusts that all efforts will be made to ensure that the anti-discrimination legislation covers all forms of discrimination set out in Article 1(1)(a) of the Convention, including discrimination based on political opinion and social origin, and requests the Government to indicate in its next report the specific measures taken in this regard. Recalling that the Prevention of Discrimination Act 2003 prohibits, inter alia, discrimination based on “religion and other belief”, the Committee seeks the Government’s views on whether the term “belief” within the meaning of that Act could be interpreted as covering also political opinion.

2. The Committee recalls that the legislation in force recognizes grounds of discrimination which are not listed in Article 1(1)(a), i.e. sexual orientation and disability. In this regard, the Committee had sought clarification whether the Government considers these additional grounds to be covered under the Convention in accordance with Article 1(1)(b). In reply, the Government indicated that the Swedish ILO Committee considered “additional grounds for discrimination to be justified especially against the background of the comments of the Committee of Experts in relation to Convention No. 111”. On this basis, the Committee notes that, as regard grounds of discrimination recognized in the legislation other than those listed in Article 1(1)(a), Sweden appears to have availed itself of the possibility to determine additional grounds in accordance with Article 1(1)(b). The Government is requested to continue to provide information on the application of the Convention, in law and in practice, in relation to additional grounds determined in accordance with Article 1(1)(b), such as sexual orientation and disability.

3. Application in practice. Equality of opportunity and treatment of men and women. The Committee notes the information provided by the Government concerning projects and initiatives promoting gender equality in the labour market. It requests the Government to continue to provide such information, including information on the results obtained. In this regard, the Committee would appreciate receiving information on the specific measures taken to promote equal opportunities of women from an ethnic minority background. The Committee reiterates its request to the Government to provide statistical information that would enable the Committee to assess the evolution of women’s and men’s position in the labour market, including the progress made in ensuring women’s equal access to higher level positions.

4. Equality of opportunity and treatment irrespective of race, colour, national extraction and religion. The Committee notes that, according to the 2005 Integration Report, only 64 per cent of persons born abroad were employed in that year compared to 81 per cent of native-born persons, which amounts to a gap of 17 per cent. In its previous comments, the Committee noted a 15 per cent employment gap between foreign-born persons and native-born persons for 2002. Between 1 July 2004 and 30 June 2006, the ethnic discrimination ombudsperson received 594 complaints concerning discrimination in the workplace out of which 280 were made by job applicants. Only few of the companies examined by the ombudsperson in 2005 worked on the prevention of ethnic and religious discrimination in a structured and planned manner. The Swedish Integration Board’s 2005 survey of employers showed that roughly half of the 2,200 enterprises surveyed engaged with their employees and/or unions to address discrimination but fewer took active measures to encourage job applications from persons of a foreign background. The Committee also notes that the ILO carried out a situation-testing study with native-born young adults, both men and women, of Middle East background in three major cities, which was finalized in 2007. The study confirms that persons of foreign background face serious inequalities regarding access of employment. The Committee requests the Government to continue to provide detailed information on the measures taken to promote and ensure equality of opportunity and treatment irrespective of race, colour, national extraction or religion, as well as statistical information enabling the Committee to assess the progress made. Please also indicate the measures taken to follow-up on the recommendations of the abovementioned ILO study.

5. The Committee notes with interest that the Government has taken a number of new measures to promote ethnic and cultural diversity in public employment, including the entry into force of the Ordinance on Anti-Discrimination Clauses in Procurement on 1 July 2006 which applies to government authorities, the pilot project initiated in 2006 to operate anonymous job application processes in a number of government agencies, as well as the adoption of new rules concerning police uniforms making it possible to wear a head scarf, turban or kippa as a part of the uniform. However, the Committee also notes that according to the ethnic discrimination ombudsperson only two of the 29 government authorities scrutinized in 2005 met the statutory requirements regarding the prevention of discrimination under the Measures to Counteract Discrimination in Working Life Act 1999. Nevertheless, the Government considers that the policies in place showed results, as the proportion of national government employees of foreign background had been rising steadily. The Committee requests the Government to continue to provide information on the measures taken to promote equality and diversity in public employment, including detailed information on the implementation of the Ordinance on Anti-Discrimination Clauses in Procurement (please provide the text of the sample anti-discrimination clause prepared by the National Board for Procurement). The Government is also asked to provide statistical data showing the progress made in ensuring equal access to public employment of persons of foreign background.

6. Situation of the Roma. The Committee notes the appointment in September 2006 of the “Delegation for Roma Issues in Sweden” consisting of ten members, half of them of Roma origin. The delegation will conduct a broad inquiry into the situation of the Roma and will present its final report to the Government by 31 December 2009. The Committee requests the Government to provide information on the activities of the Delegation for Roma Issues in Sweden relating to equality of opportunity and treatment in employment and occupation. The Government is also requested to continue to provide information on any other measures taken or envisaged to combat discrimination at work against persons of Roma origin to ensure equal opportunities for them to access training and employment.

7. The Sami. The Committee notes that the Government’s report contains very little information in reply to the Committee’s previous comments concerning the Sami. The Committee notes from the Government’s latest report under the International Convention on Elimination of all Forms of Racial Discrimination that a study of hunting and fishing rights that the Government is undertaking would assess the conditions for ratification of the Indigenous and Tribal Peoples Convention, 1989 (No. 169). The Committee reiterates its request to the Government to provide information on the measures taken and the progress achieved in improving access of the Sami to educational and occupational opportunities, including access to their traditional occupations. Please also indicate any further developments with regard to the ratification of Convention No. 169.

8. The Committee requests the Government to continue to provide information on action to promote equality in employment and occupation taken by the Equal Opportunities Ombudsperson, the Ombudsperson against Ethnic Discrimination, the Swedish Integration Board and the Swedish Agency for Government Employers and the National Labour Market Board, as well as other competent bodies, including measures carried out in collaboration with employers’ and workers’ organizations. The Committee welcomes the detailed information provided by the Government on cases concerning workplace discrimination processed by the competent authorities and asks the Government to continue to provide such information in its next report.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Article 1 of the Convention. Legislative developments. The Committee notes with interest the adoption of the Prohibition of Discrimination Act No. 307 of 2003 (as amended through 2005). It notes that the Act extends safeguards against direct and indirect discrimination to include areas such as labour market policy activities, starting or running a business, membership or participation in an employees’ or employers’ organization and unemployment insurance. The Committee notes that the amended Act prohibits discrimination based on gender, ethnic origin (covering persons of the same national or ethnic origin, race or skin colour (section 4(1)), religion or other belief, sexual orientation and disability. The Committee points out, however, that the grounds of political opinion and social origin, as contained in the Convention, are not covered by the new Act. Recalling from its 1988 General Survey (paragraph 58) that where provisions are adopted in order to give effect to the principle contained in the Convention, they should include all the grounds of discrimination laid down in Article 1(1)(a) of the Convention, the Committee requests the Government to indicate how it ensures, in law and in practice, the prohibition of discrimination on the basis of political opinion and social origin.

2. Article 1(1)(b). Additional grounds of discrimination. Noting that the Prohibition of Discrimination Act covers grounds other than those explicitly listed in the Convention (namely, sexual orientation and disability), the Committee asks the Government to indicate whether these additional grounds are to be covered under the Convention in accordance with Article 1(1)(b).

3. Article 1(3). Employment and occupation. Access to training and vocational guidance. The Committee notes that the Measures to Counteract Ethnic Discrimination in Working Life Act has been extended (Act No. 308 of 2003) to include situations where employers make decisions or take steps with regard to training or vocational guidance. In addition, the Committee notes from the Government’s report that the Equal Opportunities Ombudsperson (JämO) has inaugurated an examination of equality plans for 23 higher education establishments under the Equal Treatment of Students at Universities Act (2001: 1286). The Committee notes, however, from the concluding observations of the Committee on the Elimination of Racial Discrimination (CERD/C/64/CO/8, 10 May 2004) that the Act is reportedly not being implemented with respect to some Swedish universities. The Committee asks the Government to provide information on the outcomes of the JämO investigations into equal opportunity in higher education and to indicate what measures it has taken or is planning to ensure non-discrimination with respect to access to training and vocational guidance on all the grounds of the Convention including in educational establishments other than universities.

4. Discrimination on the basis of sex. Sexual harassment. Recalling its 2002 general observation regarding sexual harassment, the Committee notes the recent amendment to the Equal Opportunities Act (No. 476 of 2005) prohibiting employers from discriminating against jobseekers or employees by subjecting them to gender-related harassment or harassment of a sexual nature (section 16(a)). It notes that employers have an obligation to take measures to forestall and prevent sexual harassment (section 6) as well as investigate cases where an employee claims to have been sexually harassed by another employee (section 22(a)). The Committee also notes the information in the Government’s report indicating the special training measures developed by the JämO to counteract sexual harassment along with its discussions with the social partners on the topic. The Committee invites the Government to continue providing information on measures taken to prevent and prohibit sexual harassment in employment and occupation, including activities undertaken in collaboration with workers’ and employers’ organizations.

5. Equality of opportunity and treatment of men and women. The Committee notes the information from the Government’s report that women in the private sector make up 37 per cent of employees yet only 19 per cent of management, with men heading nine out of every ten companies. The Committee notes, by contrast, that there is a more even balance between men and women in the public sector, but that there remains a disproportionate concentration of men in positions of authority (e.g. among municipal chief executives). In this context, the Committee notes a number of positive initiatives by the JämO for the promotion of sex equality in the labour market. It notes in particular the project on parenthood and gainful employment which surveyed a number of employers who have been highlighted as having good practices in this regard. The Committee also notes the JämO initiative, entitled Glasshouse, which encourages the social partners to work actively to achieve greater horizontal and vertical equality between men and women in the workplace through the recruitment process. Lastly, the Committee notes that the JämO is participating in the EU project Women on Top, aimed at accelerating the recruitment of women in top management positions in both the public and private sectors. The Committee asks that the Government continue to provide information on the participation rate of women in the labour market and on their representation in positions of authority. Please also keep the Committee up to date on the implementation and outcomes of the Government’s various projects to promote sex equality in employment and occupation in the public and private sectors.

6. Discrimination in employment and occupation in the private sector. The Committee notes from the Government’s report that, in 2002, the Ombudsperson Against Ethnic Discrimination (DO) switched from complaint-supported supervision to a structured monitoring of the conduct of employers. The Committee notes, however, the Government’s statement that the supervisory findings have been profoundly discouraging. It notes in particular that, despite the efforts over a number of years, the DO has been unable to overcome opposition to adopting the human rights perspective, and that talk of discrimination continues to be viewed in a negative light. The Committee notes that, in 2002, the DO was only able to approve the activities of seven out of more than 400 employers on measures taken to comply with the Ethnic Discrimination in Working Life Act. Noting that this work was scheduled to continue in the following year and having regard for the statement in the Government’s report that only comprehensive supervision and preventive work can reverse, in the long term, the trend in the numbers of individual complaints, the Committee asks the Government to provide information about the ongoing efforts of the DO in evaluating employer equality plans and to indicate what strategies it is considering to strengthen the work of the DO in overcoming the admitted obstacles in ensuring compliance with the Act.

7. Equality in public sector employment. The Committee welcomes the variety of initiatives outlined in the Government’s report designed to promote equality and non-discrimination in the public sector. It notes in particular the work of the Swedish Agency for Government Employers, which offers sensitization training on anti-discrimination legislation, and on active measures for the prohibition of discrimination and harassment. The Committee also notes that the Swedish Integration Board compiled a report analysing the impact of integration policy rules on the promotion of ethnic diversity in the national government service. It notes that, of the 17 national authorities studied by the Board, only two did not have a diversity plan in place. The Committee notes, however, the assessment in the Government’s report that the majority of existing diversity plans were weak in content and in need of a holistic approach. In light of these findings, the Committee asks the Government to indicate what measures it has adopted or intends to adopt to strengthen its policies of equality of opportunity and treatment within the public sector. Please also provide a copy of the Integration Board’s complete report.

8. Swedish Integration Board. The Committee notes from the Government’s report the initiatives of the Swedish Integration Board on equal opportunities in working life. The Committee notes in particular that statistics from the Board’s 2002 publication, Rapport Integration, indicate a gap of 15 per cent between foreign-born persons (61 per cent) and native-born persons (76 per cent) who are gainfully employed - a gap reiterated by the same publication in 2003. It notes the information in the Government’s report that foreign-born graduates represent a large, unutilized potential in the labour market in part because of a lack of a uniform and timely system for evaluating qualifications and experience. The Committee notes that the Board has developed statistical indicators to improve its instruments of follow-up in the field of labour market integration and that it has signed a succession of agreements with several workers’ and employers’ organizations to induce the social partners to provide concrete measures for promoting equal opportunities for non-Swedish ethnic minorities. The Committee asks the Government to continue to provide information on the work of the Swedish Integration Board, specifically on its development of statistical indicators and the results of its agreements with the social partners in an effort to promote greater equality of opportunity and treatment for workers of non-Swedish ethnic backgrounds.

9. Roma and Sami. With respect to access of the Roma community to educational and occupational opportunities, the Committee notes the various proactive measures to improve the situation of the Roma in Swedish society, particularly with respect to the participation of Roma women in community life and the importance of Roma children and young people in achieving long-term change for the Roma as a group. The Committee notes from the Government’s report that the DO has cooperated with several national authorities and Roma organizations drawing attention to the discrimination of Roma. In this respect, the DO presented a report in March 2004 with proposals that are being considered by the relevant government offices. The Committee further notes the information in the Government’s report on the four-year information drive to improve public knowledge concerning Sami culture and to counteract discrimination. It notes that this campaign was scheduled to end at the close of 2004 but that it would be succeeded by a permanent national information centre. The Committee asks the Government to continue to provide information on the measures taken and the progress achieved in improving the access of the Roma and Sami to educational and occupational opportunities.

10. Part IV of the report form. The Committee notes the Labour Court decisions supplied in the Government’s report that were filed by the DO. It notes that the number of complaints received by the DO from private individuals has risen steadily in the past few years from 272 in 2001 to 349 in 2003, and that this trend continued into the first half of 2004. The Committee encourages the Government to continue in subsequent reports to provide the number, subject matter and outcome of the most relevant complaints relating to discrimination in employment and occupation, including those submitted to the JämO and the Ethnic Discrimination Board.

11. General appreciation of the application of the Convention. The Committee notes from the Government’s report that a special investigator was appointed in 2003 to study structural discrimination in Sweden on grounds of ethnic or religious identity and to propose measures to combat such discrimination. In addition, it notes that the Government appointed a Commission in 2004 to deal with the same issue of structural discrimination and that a final report on the matter would be presented no later than June 2006. The Committee requests the Government to provide information on the work and outcomes of both the investigator’s and commission’s deliberations, particularly as they relate to discrimination in employment and occupation and to supply any supporting documentation together with its next report.

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

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:

The Committee notes the detailed information contained in the Government’s report and the attached documentation. It also notes the Swedish Trade Union Confederation’s (LO) programme of action for gender equality, which is made up of several components, including seminars on a wide range of topics, such as segregation and occupational choice, attitudes and gender equality.

1. The Committee notes with interest the amendments to the Equal Opportunities Act No. 433 of 1991 (as amended up to Act No. 733 of 26 October 2000) and particularly the shift in the burden of proof to the employer and the wide application of the prohibition of indirect and direct discrimination between men and women to all aspects of the employment relationship. It also notes that the definition uses a reasonableness test to determine exceptions. The Committee hopes that any exception will be interpreted in conformity with the Convention and be related to the inherent requirements of a job.

2. The Committee notes the Government’s statement that a tripartite committee was established to examine whether to extend the grounds of discrimination prohibited in Swedish legislation in accordance with Article 1(1)(b) of the Convention. It notes that in December 2000 a special investigator was appointed who has recommended to include as prohibited grounds of discrimination "colour" and "ethnic origin". The Committee understands that on 31 January 2002 the Government issued the terms of reference of a parliamentary committee with numerous functions in the field of discrimination, called "Consolidated Discrimination Legislation" (Dir. 2002:11) who will submit proposals for protection against discrimination for legal persons and include "age" as a prohibited ground of discrimination. The Committee requests the Government to provide copies of any adopted legislation with its next report.

3. The Committee notes the amendments to the Equal Opportunities Act No. 433 of 1991 (as amended up to Act No. 733 of 26 October 2000). It notes the employers’ obligation to annually analyse gender discrimination and to adopt an equal opportunities plan on an annual basis and that the most important task of the Equal Opportunities Ombudsperson is to examine these equal opportunities plans. The Committee notes that between 2000 and mid-2001 the Ombudsperson examined around 500 equal opportunities plans and that the Ombudsperson found that the plans are often deficient, especially in relation to wage mapping. It notes that cooperation with Statistics Sweden has revealed that many employers do not have an equal opportunities plan and that the Ombudsperson, in association with trade unions, has conducted extensive training for union representatives on procedures for preparing an equal opportunities plan. The Committee requests the Government to provide detailed information with its next report on measures taken or envisaged to encourage employers to fulfil their obligation to establish equal opportunities plans.

4. The Committee notes the Government’s statement that the Equal Opportunities Act does not cover the fields of vocational guidance, vocational education, further education or rehabilitation. It notes the statement that the Standing Instructions (No. 1438 of 1991) for the Equal Opportunities Ombudsperson include a limited amount of responsibility for the provision of information to schools, higher education and vocational training institutions and other forms of education. The Committee also notes the Government’s statement that a further training project carried out under the auspices of the Equal Opportunities Ombudsperson targets the higher education sector and is aimed at improving post-secondary students’ knowledge of matters relating to equal opportunities in the workplace. The Committee requests the Government to provide information on the measures taken or envisaged by the various Ombudspersons to promote equality in employment and occupation and in vocational training and further education.

5. The Committee notes the information provided by the Government concerning the activities carried out by the Equal Opportunities Ombudsperson. It notes particularly that during 2000 the Ombudsperson received 120 complaints under the Equal Opportunities Act and that half of them concerned alleged wage discrimination. It also notes the Government’s statement that there has been a notable rise in the number of complaints from women and men encountering difficulties when wishing to combine gainful employment with active parenthood. The Committee requests the Government to continue to provide information on the activities carried out by the Equal Opportunities Ombudsperson to promote equality in employment and occupation.

6. The Committee notes the ordinance issuing rules concerning the terms of reference of the Discrimination Commission (Act No. 171 of 25 March 1999) and that the function of the Commission is to decide on default fines under the Act respecting action to combat ethnic discrimination at work (Act No. 130 of 1999) when employers do not comply with a request by the Ethnic Discrimination Ombudsman. The Committee also notes that the Discrimination Commission is the appeal authority under the Act respecting action to combat ethnic discrimination at work (Act No. 130 of 1999), the Act prohibiting discrimination at work on grounds of functional impairment (Act No. 132 of 1999) and the Act prohibiting discrimination at work on grounds of sexual orientation (Act No. 133 of 1999). The Committee notes the draft amendments to the above referred Acts (Statens offentliga utredningar, No. 43 of 2002) and requests the Government to provide detailed information with its next report on the functions of the Discrimination Commission and also to provide information on any decisions taken and other measures adopted or envisaged to combat discrimination in employment and occupation.

7. The Committee notes the adoption on 16 May 2002 of the Act prohibiting discrimination against part-time workers and workers with fixed-term appointment (Act No. 293 of 2002), which entered into force on 1 July 2002. It notes that the aim of this legislation is to prevent direct and indirect discrimination in remuneration and other employment conditions for persons working part-time or who have fixed-term appointment and that compensation may be granted in the event of violation of the Act. The Committee requests the Government to provide information on the measures taken or envisaged to ensure the application of this Act, and to indicate whether any complaints have been filed and their outcome.

8. The Committee notes the contributions made by the National Labour Market Board (AMS), in particular its project for the prevention of ethnic discrimination to be carried out for two years. It notes that the project indicates that multicultural thinking must permeate all processes, recruitment and development within the Administration, in particular to ensure that the policy is disseminated to all workers. The Committee also notes that, as from 2002, the County Labour Boards and the National Labour Market Board are to draw up quality-assured annual plans of action for the promotion of diversity, with verifiable targets. The Committee requests the Government to provide more detailed information with its next report on the results obtained by these measures. The Committee notes the information provided by the Swedish Agency for Government Employers that a regular dialogue is maintained with the Discrimination Ombudsperson and that there is an increase in government service employees with foreign backgrounds. The Committee notes that the labour market parties have conducted a pilot project, under the aegis of the Development Council for the National Government Sector, aimed at changing opinions and attitudes which stand in the way of greater ethnic diversity. The Committee requests the Government to provide statistical information with its next report on the number of foreign nationals employed in the public sector and to provide more detailed information on measures and projects adopted or envisaged to combat ethnic discrimination at work.

9. The Committee notes the "National Action Plan against Racism, Xenophobia, Homophobia and Discrimination", which was submitted to the Parliament (Riksdag) in February 2001 (Skr. 2000/01:59). It notes that the Ethnic Discrimination Ombudsperson carried out a survey in 2000 of ethnic discrimination in the National Labour Market Administration finding that there was a lack of information concerning ethnic discrimination and that this resulted in the adoption of the "Plan of action for cooperation in education between the National Labour Market Administration and the Ethnic Discrimination Ombudsperson". It notes that, as from 2001, special training courses will be carried out with the aim of ensuring that each county has a specialist on the topic. The Committee requests the Government to continue to provide information on the action taken to combat racism, xenophobia, homophobia and discrimination.

10. The Committee notes the Government’s "New immigrant integration policy: Progress achieved in promoting equal opportunities in treatment and employment", a copy of which was provided by the Government. It notes that the economic upswing and the Government’s initiatives have had a positive impact on the labour market participation of immigrants and that the improved situation has been particularly significant in local and regional administrations. However, the Committee notes the Government’s statement that there still exists a significant gap between immigrants and the native population, as illustrated by the annual unemployment rate for the first half of 2001, which was 9.1 per cent among immigrants, compared with 3.3 per cent among Swedish nationals. It notes the Government’s statement that, its general labour market employment policy is designed with the ethnic and cultural diversity in society as a starting point and that special measures have been adopted, such as the funding of special activities, to increase employment among immigrants and to ensure ethnic and cultural diversity within the public administration. The Committee requests the Government to continue to provide information on the results of its new integration policy.

11. With respect to the access of the Roma community to educational and occupational opportunities, the Committee notes the Government’s statement that, it does not have any additional information to provide in response to its previous direct request. The Committee notes from the "National Action Plan against Racism, Xenophobia, Homophobia and Discrimination" that it is the Government’s intention to entrust the Ethnic Discrimination Ombudsperson with the task of carrying out a study every two years with a view to preventing and combating discrimination against Roma persons. It also notes from this Action Plan that in 2000 the Government started a five-year project to compile information to enable it to examine in depth the discrimination against the Sami people and to prevent and combat discrimination against them. The Committee therefore requests the Government to provide information with its next report on the measures taken and the progress achieved in improving the access of the Roma to educational and occupational opportunities, including the progress made in implementing the recommendations of the Roma Working Group, and the results obtained in preventing and combating discrimination against the Sami people.

12. With respect to gender segregation and the promotion of gender equality in the labour market, the Committee notes from the "National Action Plan against Racism" that gender segregation in the labour market is still high. The Committee notes with interest that a committee has been appointed to examine and study the opportunities offered by upper secondary school, so that these correspond to the needs of society and the labour market, and contribute to reducing social and gender-based recruitment distortions. The Committee requests the Government to provide information with its next report on the findings of this committee and on the measures taken or envisaged to promote gender equality and to combat segregation in the labour market. The Committee also notes that national authorities may apply to the Development Council for funding for gender equality and diversity promotion projects, and that the majority of such applications have been granted. The Committee also notes the information provided by the Government respecting the "Labour Law Programme", under which information on the various anti-discrimination laws has been disseminated to employers and union representatives through seminars and courses. The Committee requests the Government to continue to provide detailed information on projects to promote gender equality in the labour market with its next report.

13. The Committee notes the court rulings concerning equality provided by the Government, which relate to gender discrimination and pay discrimination. The Committee requests the Government to continue to provide case law on discrimination cases with its next report.

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

The Committee notes the detailed information contained in the Government’s report and the attached documentation. It also notes the Swedish Trade Union Confederation’s (LO) programme of action for gender equality, which is made up of several components, including seminars on a wide range of topics, such as segregation and occupational choice, attitudes and gender equality.

1. The Committee notes with interest the amendments to the Equal Opportunities Act No. 433 of 1991 (as amended up to Act No. 733 of 26 October 2000) and particularly the shift in the burden of proof to the employer and the wide application of the prohibition of indirect and direct discrimination between men and women to all aspects of the employment relationship. It also notes that the definition uses a reasonableness test to determine exceptions. The Committee hopes that any exception will be interpreted in conformity with the Convention and be related to the inherent requirements of a job.

2. The Committee notes the Government’s statement that a tripartite committee was established to examine whether to extend the grounds of discrimination prohibited in Swedish legislation in accordance with Article 1(1)(b) of the Convention. It notes that in December 2000 a special investigator was appointed who has recommended to include as prohibited grounds of discrimination "colour" and "ethnic origin". The Committee understands that on 31 January 2002 the Government issued the terms of reference of a parliamentary committee with numerous functions in the field of discrimination, called "Consolidated Discrimination Legislation" (Dir. 2002:11) who will submit proposals for protection against discrimination for legal persons and include "age" as a prohibited ground of discrimination. The Committee requests the Government to provide copies of any adopted legislation with its next report.

3. The Committee notes the amendments to the Equal Opportunities Act No. 433 of 1991 (as amended up to Act No. 733 of 26 October 2000). It notes the employers’ obligation to annually analyse gender discrimination and to adopt an equal opportunities plan on an annual basis and that the most important task of the Equal Opportunities Ombudsperson is to examine these equal opportunities plans. The Committee notes that between 2000 and mid-2001 the Ombudsperson examined around 500 equal opportunities plans and that the Ombudsperson found that the plans are often deficient, especially in relation to wage mapping. It notes that cooperation with Statistics Sweden has revealed that many employers do not have an equal opportunities plan and that the Ombudsperson, in association with trade unions, has conducted extensive training for union representatives on procedures for preparing an equal opportunities plan. The Committee requests the Government to provide detailed information with its next report on measures taken or envisaged to encourage employers to fulfil their obligation to establish equal opportunities plans.

4. The Committee notes the Government’s statement that the Equal Opportunities Act does not cover the fields of vocational guidance, vocational education, further education or rehabilitation. It notes the statement that the Standing Instructions (No. 1438 of 1991) for the Equal Opportunities Ombudsperson include a limited amount of responsibility for the provision of information to schools, higher education and vocational training institutions and other forms of education. The Committee also notes the Government’s statement that a further training project carried out under the auspices of the Equal Opportunities Ombudsperson targets the higher education sector and is aimed at improving post-secondary students’ knowledge of matters relating to equal opportunities in the workplace. The Committee requests the Government to provide information on the measures taken or envisaged by the various Ombudspersons to promote equality in employment and occupation and in vocational training and further education.

5. The Committee notes the information provided by the Government concerning the activities carried out by the Equal Opportunities Ombudsperson. It notes particularly that during 2000 the Ombudsperson received 120 complaints under the Equal Opportunities Act and that half of them concerned alleged wage discrimination. It also notes the Government’s statement that there has been a notable rise in the number of complaints from women and men encountering difficulties when wishing to combine gainful employment with active parenthood. The Committee requests the Government to continue to provide information on the activities carried out by the Equal Opportunities Ombudsperson to promote equality in employment and occupation.

6. The Committee notes the ordinance issuing rules concerning the terms of reference of the Discrimination Commission (Act No. 171 of 25 March 1999) and that the function of the Commission is to decide on default fines under the Act respecting action to combat ethnic discrimination at work (Act No. 130 of 1999) when employers do not comply with a request by the Ethnic Discrimination Ombudsman. The Committee also notes that the Discrimination Commission is the appeal authority under the Act respecting action to combat ethnic discrimination at work (Act No. 130 of 1999), the Act prohibiting discrimination at work on grounds of functional impairment (Act No. 132 of 1999) and the Act prohibiting discrimination at work on grounds of sexual orientation (Act No. 133 of 1999). The Committee notes the draft amendments to the above referred Acts (Statens offentliga utredningar, No. 43 of 2002) and requests the Government to provide detailed information with its next report on the functions of the Discrimination Commission and also to provide information on any decisions taken and other measures adopted or envisaged to combat discrimination in employment and occupation.

7. The Committee notes the adoption on 16 May 2002 of the Act prohibiting discrimination against part-time workers and workers with fixed-term appointment (Act No. 293 of 2002), which entered into force on 1 July 2002. It notes that the aim of this legislation is to prevent direct and indirect discrimination in remuneration and other employment conditions for persons working part-time or who have fixed-term appointment and that compensation may be granted in the event of violation of the Act. The Committee requests the Government to provide information on the measures taken or envisaged to ensure the application of this Act, and to indicate whether any complaints have been filed and their outcome.

8. The Committee notes the contributions made by the National Labour Market Board (AMS), in particular its project for the prevention of ethnic discrimination to be carried out for two years. It notes that the project indicates that multicultural thinking must permeate all processes, recruitment and development within the Administration, in particular to ensure that the policy is disseminated to all workers. The Committee also notes that, as from 2002, the County Labour Boards and the National Labour Market Board are to draw up quality-assured annual plans of action for the promotion of diversity, with verifiable targets. The Committee requests the Government to provide more detailed information with its next report on the results obtained by these measures. The Committee notes the information provided by the Swedish Agency for Government Employers that a regular dialogue is maintained with the Discrimination Ombudsperson and that there is an increase in government service employees with foreign backgrounds. The Committee notes that the labour market parties have conducted a pilot project, under the aegis of the Development Council for the National Government Sector, aimed at changing opinions and attitudes which stand in the way of greater ethnic diversity. The Committee requests the Government to provide statistical information with its next report on the number of foreign nationals employed in the public sector and to provide more detailed information on measures and projects adopted or envisaged to combat ethnic discrimination at work.

9. The Committee notes the "National Action Plan against Racism, Xenophobia, Homophobia and Discrimination", which was submitted to the Parliament (Riksdag) in February 2001 (Skr. 2000/01:59). It notes that the Ethnic Discrimination Ombudsperson carried out a survey in 2000 of ethnic discrimination in the National Labour Market Administration finding that there was a lack of information concerning ethnic discrimination and that this resulted in the adoption of the "Plan of action for cooperation in education between the National Labour Market Administration and the Ethnic Discrimination Ombudsperson". It notes that, as from 2001, special training courses will be carried out with the aim of ensuring that each county has a specialist on the topic. The Committee requests the Government to continue to provide information on the action taken to combat racism, xenophobia, homophobia and discrimination.

10. The Committee notes the Government’s "New immigrant integration policy: Progress achieved in promoting equal opportunities in treatment and employment", a copy of which was provided by the Government. It notes that the economic upswing and the Government’s initiatives have had a positive impact on the labour market participation of immigrants and that the improved situation has been particularly significant in local and regional administrations. However, the Committee notes the Government’s statement that there still exists a significant gap between immigrants and the native population, as illustrated by the annual unemployment rate for the first half of 2001, which was 9.1 per cent among immigrants, compared with 3.3 per cent among Swedish nationals. It notes the Government’s statement that, its general labour market employment policy is designed with the ethnic and cultural diversity in society as a starting point and that special measures have been adopted, such as the funding of special activities, to increase employment among immigrants and to ensure ethnic and cultural diversity within the public administration. The Committee requests the Government to continue to provide information on the results of its new integration policy.

11. With respect to the access of the Roma community to educational and occupational opportunities, the Committee notes the Government’s statement that, it does not have any additional information to provide in response to its previous direct request. The Committee notes from the "National Action Plan against Racism, Xenophobia, Homophobia and Discrimination" that it is the Government’s intention to entrust the Ethnic Discrimination Ombudsperson with the task of carrying out a study every two years with a view to preventing and combating discrimination against Roma persons. It also notes from this Action Plan that in 2000 the Government started a five-year project to compile information to enable it to examine in depth the discrimination against the Sami people and to prevent and combat discrimination against them. The Committee therefore requests the Government to provide information with its next report on the measures taken and the progress achieved in improving the access of the Roma to educational and occupational opportunities, including the progress made in implementing the recommendations of the Roma Working Group, and the results obtained in preventing and combating discrimination against the Sami people.

12. With respect to gender segregation and the promotion of gender equality in the labour market, the Committee notes from the "National Action Plan against Racism" that gender segregation in the labour market is still high. The Committee notes with interest that a committee has been appointed to examine and study the opportunities offered by upper secondary school, so that these correspond to the needs of society and the labour market, and contribute to reducing social and gender-based recruitment distortions. The Committee requests the Government to provide information with its next report on the findings of this committee and on the measures taken or envisaged to promote gender equality and to combat segregation in the labour market. The Committee also notes that national authorities may apply to the Development Council for funding for gender equality and diversity promotion projects, and that the majority of such applications have been granted. The Committee also notes the information provided by the Government respecting the "Labour Law Programme", under which information on the various anti-discrimination laws has been disseminated to employers and union representatives through seminars and courses. The Committee requests the Government to continue to provide detailed information on projects to promote gender equality in the labour market with its next report.

13. The Committee notes the court rulings concerning equality provided by the Government, which relate to gender discrimination and pay discrimination. The Committee requests the Government to continue to provide case law on discrimination cases with its next report.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

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. The Committee notes with interest the various measures taken by the Government to promote gender equality. In this respect, it notes the activities of the Equal Opportunities Ombudsman to ensure greater compliance with the Equal Opportunities Act including the adjudication and settlement of gender discrimination cases, educational projects, surveys and action plans and the report of the National Board on Occupational Safety and Health with strategies and action plans to address differences in working conditions of women and men, including risk assessment and equal opportunity. The Committee also notes the report of the special investigator appointed to review the Equal Opportunities Act (1991:143) which outlines a number of recommendations including, among others, the need to define the term "indirect discrimination"; to expand the coverage of the prohibition on gender discrimination to the entire employment process including recruitment, regardless of whether an offer of employment occurs or not; and to include a provision enabling the Equal Opportunity Ombudsman (JämO) to investigate allegations of discrimination in workplaces (Report SOU 1999.91). The Committee requests the Government to provide information on the progress of these and other measures aimed at securing gender equality through the implementation of the Equal Opportunities Act, including the results of the special investigator’s report.

2. With reference to its previous comment regarding the inclusion of "sexual orientation" and "disability" as additional grounds of prohibited discrimination under Article 1(b) of the Convention, the Committee notes the Government’s indication that it is as yet too early to make such a determination, and that in accordance with its obligations under Convention No. 144 on tripartite consultation, the Government will first refer this question to a tripartite ILO committee. The Committee asks the Government to keep it informed on any further developments in this regard.

3. The Committee takes note of the activities of the Ombudsman against Ethnic Discrimination (DO), including the information on judicial decisions and the increase in the number of complaints filed, mostly against employers in the private sector. Noting also that the Ombudsman has presented a report to the Government with recommendations for the promotion of ethnic diversity at work, it requests the Government to forward information on measures taken to implement the recommendations. The Committee also requests the Government to provide information on the practical implementation of the new Act on Ethnic Discrimination at Work (Act No. 199:130), including details of the work of the Ombudsman and the Anti-Discrimination Commission.

4. The Committee notes that a new immigrant integration policy has been adopted aimed at promoting equal rights and opportunities for everyone irrespective of race or national extraction, and at preventing discrimination, xenophobia and racism. It notes also the information on the work of the central body, the National Integration Office, established in June 1998. The Committee also notes the report of the Immigration Board on Employees of Immigrant Origin in some national agencies indicating that unemployment among groups of non-Swedish extraction remains very high as compared to the rest of the population, and that those employed, including women, are concentrated among those with low earning potential (e.g. assistants and cleaners in the police force, 24 per cent and 22.7 per cent, respectively). The Committee notes the steps contemplated by the Government to promote equal opportunity in treatment and employment for people of different racial backgrounds within the context of the new integration policy and asks the Government to provide information on the progress achieved in this regard.

5. The Committee notes the information in the Government’s report on the situation of the Roma community including the report of the Immigration Board on "The Roma in Sweden: A report on their situation" (January 1996) and that of "The Roma in Sweden - Together towards change" of the Legal Department of the Ministry of the Interior (1997). It notes the problems faced by the Roma in respect of health, education (high drop-out rates and absenteeism), and high unemployment, and the various initiatives taken by the Government to improve their situation. In this respect, the Committee notes the role of the Roma Working Group and their recommendations, which include the need to pay special attention to the educational needs of Roma children and youth, development of the Roma’s entrepreneurship skills, and to provide them with special vocational training programmes aimed at facilitating their access to the labour market, and to generally improve their situation. It asks the Government to keep it informed on measures taken or contemplated to improve the access of the Roma to educational and occupational opportunities, including information on the progress made in implementing the recommendations of the Roma Working Group.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

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

1. The Committee notes with interest the adoption of two new anti discrimination laws on 1 May 1999 prohibiting discrimination in the workplace on the grounds of functional impairment (Act No. 1999:132) and sexual orientation (Act No. 1999:133). It also notes with interest the adoption on 1 May 1999 of Act No. 1999:130 on Action against Ethnic Discrimination at Work. It notes that the Act prohibits direct and indirect discrimination, covers all aspects of the employment relationship including recruitment, and requires the employer to take active measures to prevent ethnic discrimination. The Committee also notes that the Act establishes that there shall be an Ombudsman against Ethnic Discrimination (DO) and the Anti-Discrimination Commission which are to be responsible for monitoring the application of the Act.

2. 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 provide information on the implementation and impact of the new legislation.

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

The Committee notes the information in the Government’s report and the attached documentation.

1.  The Committee notes with interest the various measures taken by the Government to promote gender equality. In this respect, it notes the activities of the Equal Opportunities Ombudsman to ensure greater compliance with the Equal Opportunities Act including the adjudication and settlement of gender discrimination cases, educational projects, surveys and action plans and the report of the National Board on Occupational Safety and Health with strategies and action plans to address differences in working conditions of women and men, including risk assessment and equal opportunity. The Committee also notes the report of the special investigator appointed to review the Equal Opportunities Act (1991:143) which outlines a number of recommendations including, among others, the need to define the term "indirect discrimination"; to expand the coverage of the prohibition on gender discrimination to the entire employment process including recruitment, regardless of whether an offer of employment occurs or not; and to include a provision enabling the Equal Opportunity Ombudsman (JämO) to investigate allegations of discrimination in workplaces (Report SOU 1999.91). The Committee requests the Government to provide information on the progress of these and other measures aimed at securing gender equality through the implementation of the Equal Opportunities Act, including the results of the special investigator’s report. 

2.  With reference to its previous comment regarding the inclusion of "sexual orientation" and "disability" as additional grounds of prohibited discrimination under Article 1(b) of the Convention, the Committee notes the Government’s indication that it is as yet too early to make such a determination, and that in accordance with its obligations under Convention No. 144 on tripartite consultation, the Government will first refer this question to a tripartite ILO committee. The Committee asks the Government to keep it informed on any further developments in this regard.

3.  The Committee takes note of the activities of the Ombudsman against Ethnic Discrimination (DO), including the information on judicial decisions and the increase in the number of complaints filed, mostly against employers in the private sector. Noting also that the Ombudsman has presented a report to the Government with recommendations for the promotion of ethnic diversity at work, it requests the Government to forward information on measures taken to implement the recommendations. The Committee also requests the Government to provide information on the practical implementation of the new Act on Ethnic Discrimination at Work (Act No. 199:130), including details of the work of the Ombudsman and the Anti-Discrimination Commission.

4.  The Committee notes that a new immigrant integration policy has been adopted aimed at promoting equal rights and opportunities for everyone irrespective of race or national extraction, and at preventing discrimination, xenophobia and racism. It notes also the information on the work of the central body, the National Integration Office, established in June 1998. The Committee also notes the report of the Immigration Board on Employees of Immigrant Origin in some national agencies indicating that unemployment among groups of non-Swedish extraction remains very high as compared to the rest of the population, and that those employed, including women, are concentrated among those with low earning potential (e.g. assistants and cleaners in the police force, 24 per cent and 22.7 per cent, respectively). The Committee notes the steps contemplated by the Government to promote equal opportunity in treatment and employment for people of different racial backgrounds within the context of the new integration policy and asks the Government to provide information on the progress achieved in this regard.

5.  The Committee notes the information in the Government’s report on the situation of the Roma community including the report of the Immigration Board on "The Roma in Sweden: A report on their situation" (January 1996) and that of "The Roma in Sweden - Together towards change" of the Legal Department of the Ministry of the Interior (1997). It notes the problems faced by the Roma in respect of health, education (high drop-out rates and absenteeism), and high unemployment, and the various initiatives taken by the Government to improve their situation. In this respect, the Committee notes the role of the Roma Working Group and their recommendations, which include the need to pay special attention to the educational needs of Roma children and youth, development of the Roma’s entrepreneurship skills, and to provide them with special vocational training programmes aimed at facilitating their access to the labour market, and to generally improve their situation. It asks the Government to keep it informed on measures taken or contemplated to improve the access of the Roma to educational and occupational opportunities, including information on the progress made in implementing the recommendations of the Roma Working Group.

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

1.  The Committee notes with interest the adoption of two new anti‑discrimination laws on 1 May 1999 prohibiting discrimination in the workplace on the grounds of functional impairment (Act No. 1999:132) and sexual orientation (Act No. 1999:133). It also notes with interest the adoption on 1 May 1999 of Act No. 1999:130 on Action against Ethnic Discrimination at Work. It notes that the Act prohibits direct and indirect discrimination, covers all aspects of the employment relationship including recruitment, and requires the employer to take active measures to prevent ethnic discrimination. The Committee also notes that the Act establishes that there shall be an Ombudsman against Ethnic Discrimination (DO) and the Anti-Discrimination Commission which are to be responsible for monitoring the application of the Act.

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

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

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

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

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

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

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

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

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

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

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

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

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

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

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

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 in part as follows:

(...)

2. The Committee notes that the Act concerning Equality between Men and Women (the Equal Opportunities Act, 1991:433) was amended in 1994 to require, inter alia, employers to comply with those provisions of the Act concerning active measures to promote equality at work also in cases where collective agreements had been concluded. The Committee further notes that, in practical terms, this amendment has had the effect of bringing the entire labour market under the supervision of the Equal Opportunities Ombudsman, as far as active measures are concerned. Among the detailed information on the activities of the Ombudsman, the Committee notes with interest that, following a survey carried out among half of the municipalities in 1994 -- which had revealed the non-existence of equal opportunity plans -- substantially good plans had been developed by all municipalities. It also notes that random checks have been carried out among employers and a major survey was undertaken during the year ending June 1995 among all trade unions and employer organizations (in their capacity as employers) concerning the existence and content of active measures in their equality plans. The Committee requests the Government to furnish information in its future reports on the major initiatives taken by the Ombudsman and on any evaluation of the progress towards gender equality achieved through the implementation of the active measures required by the Equal Opportunities Act. Noting with reference to its previous comment that, since 1992, the county council and municipal sector has chosen to act in partnership instead of concluding a central collective agreement on equal opportunities questions and, in this respect, adopted a policy in 1994 concerning future activities, the Committee asks the Government to supply information on any major initiatives taken and the progress achieved in the implementation of that policy.

3. The Committee notes that the number of written complaints alleging ethnic discrimination has increased considerably since the adoption of the Ethnic Discrimination Act (1994:134). It also notes that, though proceedings in the Labour Court have not been filed either by the Discrimination Ombudsman or by organizations of workers, action has been taken to investigate the 75 complaints, many of which have not yet been concluded. The Committee welcomes the measures taken by the Ombudsman to disseminate knowledge of the new legislation and to launch the Quintet project which collects positive examples of the achievements of ethnic equality in enterprises. In this regard, it also notes with interest that a number of large companies, which have participated voluntarily in the project, have adopted policies for ethnic equality and that examples of these measures will be published and disseminated as an inspiration to other company managements. The Committee requests the Government to furnish copies of any such publications and to indicate, in future reports, the extent to which such initiatives are being implemented in enterprises.

4. The Committee notes with interest the extensive measures being taken to improve the social and cultural situation of groups of different national extraction (immigrants and refugees) including vocational training, special language tuition, credit facilities for immigrant entrepreneurs, measures to increase the hiring of immigrants in all spheres and local job creation projects. Following Parliament's approval, in 1992, of a government proposal to finance measures to combat xenophobia, racism and anti-Semitism -- with the aim of focusing attention on the long-term conditioning of the norms, attitudes and perspectives of young persons -- the Immigration Board produced a survey of ethnic discrimination and ethnic relations in the labour market which showed that the great difficulties encountered by immigrants and refugees are due not only to the recession but that an important part is played by the changing structure of working life, the inefficiencies of the reception system, and prejudice and discrimination. On the basis of its survey, the Immigration Board drew up proposals for research, training and practical activity aimed at improving immigrant admission to and establishment in Sweden. The Committee also notes that a joint final report from all authorities involved in undertaking special measures against xenophobia and racism was to have been presented to the Government in September 1995. The Committee requests the Government to continue to supply information on the various initiatives being undertaken in this regard, including any indication on the extent to which these measures have been successful in raising the labour force participation rate of persons with immigrant backgrounds.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

1. The Committee notes the information contained in the Government's reports and attached documentation, including the information concerning the activities of the Sameting, the authority elected from the Sami population in accordance with the Sameting Act, 1992. Further to its previous comment on Article 4 of the Convention, the Committee notes the detailed information provided by the Government concerning personnel screening procedures and, in particular, the review of such procedures by the Security Safeguards Commission undertaken, according to its terms of reference, with a view to harmonizing Swedish practice with the corresponding security clearance procedures in comparable western European countries.

2. The Committee notes that the Act concerning Equality between Men and Women (the Equal Opportunities Act, 1991:433) was amended in 1994 to require, inter alia, employers to comply with those provisions of the Act concerning active measures to promote equality at work also in cases where collective agreements had been concluded. The Committee further notes that, in practical terms, this amendment has had the effect of bringing the entire labour market under the supervision of the Equal Opportunities Ombudsman, as far as active measures are concerned. Among the detailed information on the activities of the Ombudsman, the Committee notes with interest that, following a survey carried out among half of the municipalities in 1994 - which had revealed the non-existence of equal opportunity plans - substantially good plans had been developed by all municipalities. It also notes that random checks have been carried out among employers and a major survey was undertaken during the year ending June 1995 among all trade unions and employer organizations (in their capacity as employers) concerning the existence and content of active measures in their equality plans. The Committee requests the Government to furnish information in its future reports on the major initiatives taken by the Ombudsman and on any evaluation of the progress towards gender equality achieved through the implementation of the active measures required by the Equal Opportunities Act. Noting with reference to its previous comment that, since 1992, the county council and municipal sector has chosen to act in partnership instead of concluding a central collective agreement on equal opportunities questions and, in this respect, adopted a policy in 1994 concerning future activities, the Committee asks the Government to supply information on any major initiatives taken and the progress achieved in the implementation of that policy.

3. The Committee notes that the number of written complaints alleging ethnic discrimination has increased considerably since the adoption of the Ethnic Discrimination Act (1994:134). It also notes that, though proceedings in the Labour Court have not been filed either by the Discrimination Ombudsman or by organizations of workers, action has been taken to investigate the 75 complaints, many of which have not yet been concluded. The Committee welcomes the measures taken by the Ombudsman to disseminate knowledge of the new legislation and to launch the Quintet project which collects positive examples of the achievements of ethnic equality in enterprises. In this regard, it also notes with interest that a number of large companies, which have participated voluntarily in the project, have adopted policies for ethnic equality and that examples of these measures will be published and disseminated as an inspiration to other company managements. The Committee requests the Government to furnish copies of any such publications and to indicate, in future reports, the extent to which such initiatives are being implemented in enterprises.

4. The Committee notes with interest the extensive measures being taken to improve the social and cultural situation of groups of different national extraction (immigrants and refugees) including vocational training, special language tuition, credit facilities for immigrant entrepreneurs, measures to increase the hiring of immigrants in all spheres and local job creation projects. Following Parliament's approval, in 1992, of a government proposal to finance measures to combat xenophobia, racism and anti-Semitism - with the aim of focusing attention on the long-term conditioning of the norms, attitudes and perspectives of young persons - the Immigration Board produced a survey of ethnic discrimination and ethnic relations in the labour market which showed that the great difficulties encountered by immigrants and refugees are due not only to the recession but that an important part is played by the changing structure of working life, the inefficiencies of the reception system, and prejudice and discrimination. On the basis of its survey, the Immigration Board drew up proposals for research, training and practical activity aimed at improving immigrant admission to and establishment in Sweden. The Committee also notes that a joint final report from all authorities involved in undertaking special measures against xenophobia and racism was to have been presented to the Government in September 1995. The Committee requests the Government to continue to supply information on the various initiatives being undertaken in this regard, including any indication on the extent to which these measures have been successful in raising the labour force participation rate of persons with immigrant backgrounds.

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

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. With reference to its request for information on the follow-up given to the report of the Government Commission on the Sami Population in so far as this affects the application of this Convention, the Committee notes that, according to the Government, on 15 December 1992 Parliament adopted the Bill incorporating several of the Government Commission's proposals, including, for example, the setting up of a 31-member authority (the Sameting) to be elected from the Sami population and which would oversee efforts to promote the Sami language, participate in public planning so as to ensure that consideration is given to Sami needs (such as for reindeer breeding) and disseminate information on Sami affairs. The Committee asks the Government to keep it informed of the activities of the Sameting concerning discrimination in employment and occupation, in particular any role it has in promoting the national policy of equality of opportunity and treatment, in accordance with Article 3(a) of the Convention.

2. The Committee notes the information supplied concerning the AMU (Employment Training) Group activities at the county level. Noting that these bodies have an important role to play in consultative functions at that level, and in view of the information supplied by the Federation of Swedish County Councils to the effect that the current central-level collective agreement gives local county councils the opportunity to conclude local agreements on, for example, aspects of discrimination but none have been concluded to date, the Committee once again asks the Government to provide information on how the promotion of equality in employment is treated in these activities and in any new county-level collective agreements.

3. The Committee notes that the Work Environment and Rehabilitation Act (1990/91:140) came into force on 1 July 1991 and concerns, inter alia, the differences remaining between the working conditions of men and women. The Committee requests the Government to supply a copy of the Act with its next report.

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

The Committee notes that the Government's report has not been received. It notes, however, with interest that the Act against Ethnic Discrimination (referred to in its previous observation), prohibiting discrimination against job applicants and workers on the basis of race, colour, national or ethnic origin or confession has been adopted and entered into force on 1 July 1994.

The Committee repeats the remaining points in its previous observation which read as follows:

1. The Committee notes the information supplied by the Government on the Equal Opportunities Act, No. 443, which entered into force on 1 January 1992 and repealed the 1979 legislation of this subject, as well as the consequent amendments to the Ordinances containing the instructions for the Equal Opportunities Ombudsman and the Equal Opportunities Commission. Noting that, to date, no collective agreements have been negotiated under the new Act, nor court cases decided in application of its provisions, the Committee requests the Government to supply, in its next report, information on its application in practice, in particular concerning the enforcement activities of the Equal Opportunities Ombudsman and the Equal Opportunities Commission and on any annual plans for the promotion of equal opportunities between men and women at work. It would also appreciate receiving copies of any collective agreements containing provisions on the elimination of sex discrimination in employment negotiated in accordance with the new Act. 2. Article 4 of the Convention. The Committee notes that, according to the Government, the report and proposals of the Parliamentary Committee (SAPO-Kommittén) on the screening of personnel - copies of which have been requested since 1992 following expressions of concern from the Swedish ILO Committee over their content - are still under consideration in the relevant Ministry, now the Ministry of Justice. The Committee asks the Government to supply information on the outcome of this consideration. 3. The Committee is addressing a direct request to the Government on certain other points.

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

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

With reference to its previous direct request, the Committee notes the information supplied by the Government on the national administration programme aimed, inter alia, at increasing the proportion of women executives and facilitating workplace equity between men and women. In particular, it notes the clarifications provided by the National Agency for Government Employers (SAV) whose coordination and support role in this programme is also linked to devolving responsibility for implementing the various measures to individual authorities.

1. With reference to its request for information on the follow-up given to the report of the Government Commission on the Sami Population in so far as this affects the application of this Convention, the Committee notes that, according to the Government, on 15 December 1992 Parliament adopted the Bill incorporating several of the Government Commission's proposals, including, for example, the setting up of a 31-member authority (the Sameting) to be elected from the Sami population and which would oversee efforts to promote the Sami language, participate in public planning so as to ensure that consideration is given to Sami needs (such as for reindeer breeding) and disseminate information on Sami affairs. The Committee asks the Government to keep it informed of the activities of the Sameting concerning discrimination in employment and occupation, in particular any role it has in promoting the national policy of equality of opportunity and treatment, in accordance with Article 3 (a) of the Convention.

2. The Committee notes the information supplied concerning the AMU (Employment Training) Group activities at the county level. Noting that these bodies have an important role to play in consultative functions at that level, and in view of the information supplied by the Federation of Swedish County Councils to the effect that the current central-level collective agreement gives local county councils the opportunity to conclude local agreements on, for example, aspects of discrimination but none have been concluded to date, the Committee once again asks the Government to provide information on how the promotion of equality in employment is treated in these activities and in any new county-level collective agreements.

3. The Committee notes that the Work Environment and Rehabilitation Act (1990/91:140) came into force on 1 July 1991 and concerns, inter alia, the differences remaining between the working conditions of men and women. The Committee requests the Government to supply a copy of the Act with its next report.

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

1. The Committee notes the information supplied by the Government on the Equal Opportunities Act, No. 443, which entered into force on 1 January 1992 and repealed the 1979 legislation of this subject, as well as the consequent amendments to the Ordinances containing the instructions for the Equal Opportunities Ombudsman and the Equal Opportunities Commission. Noting that, to date, no collective agreements have been negotiated under the new Act, nor court cases decided in application of its provisions, the Committee requests the Government to supply, in its next report, information on its application in practice, in particular concerning the enforcement activities of the Equal Opportunities Ombudsman and the Equal Opportunities Commission and on any annual plans for the promotion of equal opportunities between men and women at work. It would also appreciate receiving copies of any collective agreements containing provisions on the elimination of sex discrimination in employment negotiated in accordance with the new Act.

2. The Committee notes the information supplied by the Government on the measures taken to facilitate the adjustment of immigrants to working life in Sweden, as well as the final report of the Government Commission to study measures against ethnic discrimination, whose work followed on from the 1989 legislative proposals made by the Discrimination Ombudsman and the 1990 recommendations of the Commission against Racism and Xenophobia. The Committee notes with interest from the English language summary of the final report (SOU 1992:96) that the Commission proposes the adoption of a new Act against ethnic discrimination at work. This new legislation would prohibit discriminatory treatment in both recruitment and conditions of work on the bases of race, colour, national or ethnic origin, or creed and a Discrimination Ombudsman would be given similar enforcement functions as now exist for the Equal Opportunities Ombudsman as regards sex discrimination. Noting that the proposal is currently being circulated for comment and the replies being studies by the Government, the Committee asks the Government to supply information on progress towards the adoption of this legislation in its next report.

3. Article 4 of the Convention. The Committee notes that, according to the Government, the report and proposals of the Parliamentary Committee (SAPO-Kommitten) on the screeening of personnel - copies of which have been requested since 1992 following expressions of concern from the Swedish ILO Committee over their content - are still under consideration in the relevant Ministry, now the Ministry of Justice. The Committee asks the Government to supply information on the outcome of this consideration.

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

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

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. The Committee notes that a programme aimed at increasing the proportion of women executives, upgrading women's work and facilitating the combination of work and parenthood for both women and men will be implemented within the national administration by the National Agency for Government Employers. It requests the Government to provide information on the measures taken to implement the programme and the results achieved.

2. The Committee notes the information contained in the report on the conclusions of the Government Commission on the Sami population. It requests the Government to provide information on any of the measures taken pursuant to the report, or any other measures, concerning the Sami population within the field of the Convention.

3. With reference to its previous comments concerning the AMU (Employment Training) Group activities, the Committee requests the Government to furnish information on the measures taken and results achieved under the county-AMU agreements.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report has not been received.

1. Nevertheless, it notes with interest the adoption of the Equal Opportunities Act, No. 443 of 30 May 1991, which prohibits indirect discrimination and harassment; places the obligation on an employer to counteract sexual harassment or harassment stemming from the filing of a complaint alleging discrimination based on sex; requires employers and workers to cooperate to attain equality at work; and obliges employers with ten or more employees to prepare an annual plan for the promotion of equal opportunities at work. The Act also provides that its provisions may be applied by collective agreements concluded or approved by a central workers' organization. The Committee would be grateful if the Government would supply, in its next report, information on the application in practice of the Act and, in particular, the enforcement activities of the Equal Opportunities Ombudsman and the Equal Opportunities Board and the annual plans for the promotion of equal opportunities at work. It also requests the Government to forward any copies of collective agreements which contain provisions relevant to the promotion of equal opportunity, in accordance with the new Equal Opportunities Act.

2. The Committee also refers the Government to the following points raised in its previous observation:

Measures against ethnic discrimination. (i) The Committee notes that the Discrimination Ombudsman (DO) took part in trade union activities on the central, regional and local levels, and in various training activities for employment counsellors and placement officers and raised questions of harassment with employers' and workers' organizations. The Committee notes with interest that in December 1989, the DO submitted to the Government draft legislation against ethnic discrimination at work which would extend the ban on ethnic discrimination to the entire labour market and to employment of all kinds. The Committee notes the statement in the report that refusal of employment remains the most common problem facing immigrants in the employment sector and that the need for legislation in this field has been accentuated. The Committee requests the Government to report on the status of the draft legislation and its prospects of adoption.

(ii) The Committee notes with interest that the Commission Against Racism and Xenophobia completed its work in March 1989 and recommended that a law against ethnic discrimination in working life should be reconsidered. It further notes that, on the basis of the report, the Government introduced a Bill in February 1990 (1989/90:86) containing its assessment of the existence of discrimination on ethnic grounds and the need for measures designed to further good ethnic relations. The Committee would be grateful if the Government would supply a copy of the Commission's report along with a copy of the proposed Bill. It also requests the Government to clarify the difference in the provisions between this Bill and the one proposed by the Discrimination Ombudsman referred to above.

(iii) The Committee notes that in May 1990, the Government set up a Commission to Study Measures Against Ethnic Discrimination which, among other things, was to examine the need for a special law proscribing ethnic discrimination in working life and to present proposals for such a law. This study was to be undertaken in close consultation with the concerned parties in the labour market and its report should have been ready in 1992. The Committee requests the Government to provide information on the contents of the report and its recommendations, particularly in relation to the above mentioned Bill submitted by the Government and the draft legislation proposed by the Discrimination Ombudsman.

Article 4 of the Convention. (iv) The Committee notes from the Government's report that the Swedish ILO Committee has expressed its concern over a possible discrepancy between proposed Swedish rules on the screening of personnel and this Article of the Convention. Accordingly, that Committee drew the matter to the attention of the Parliamentary Commission (SAPO-kommitten), to which the report containing the proposals on the screening of personnel was presented, and subsequently raised the same concern with the Ministry of Public Administration. The Committee hopes that the adoption of any personnel rules will be in full conformity with the requirements of this Article of the Convention. It further requests the Government to supply a copy of the relevant proposals contained in the Commission's report.

3. The Committee is addressing a request on other matters directly to the Government.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

1. The Committee notes that a programme aimed at increasing the proportion of women executives, upgrading women's work and facilitating the combination of work and parenthood for both women and men will be implemented within the national administration by the National Agency for Government Employers. It requests the Government to provide information on the measures taken to implement the programme and the results achieved.

2. The Committee notes the information contained in the report on the conclusions of the Government Commission on the Sami population. It requests the Government to provide information on any of the measures taken pursuant to the report, or any other measures, concerning the Sami population within the field of the Convention.

3. With reference to its previous comments concerning the AMU (Employment Training) Group activities, the Committee requests the Government to furnish information on the measures taken and results achieved under the county-AMU agreements.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information provided by the Government in reply to its previous comments and the observations of the Swedish Trade Union Confederation and the Swedish Confederation of Professional Employees contained in the report.

Promotion of equality between men and women

1. The Committee notes with interest that the investigator appointed by the Government in June 1988 to evaluate the Equal Opportunities Act has presented a report recommending amendments to the Act and reinforcement of its provisions. The Committee notes, among the many points made in the report, the recommendations that the advisory and information service of the Equal Opportunities Ombudsman should be extended to include the education sector; and that additional safeguards should be introduced against indirect discrimination, wage discrimination, sexual harassment and reprisals for allegations of sex-based discrimination. The investigator also recommends the expansion of the employer's statutory duty of actively promoting equal opportunities. The Government reports that this recommendation implies an expansion of the Ombudsman's responsibilities so as to include supervision over collective agreements. According to the Government's report, collective agreements are often framed in general terms and do not contain anything over and above what is stated in the Act.

In this regard, the Committee notes the comments made by the Swedish Trade Union Confederation (LO) indicating that the investigator's evaluation of the Equal Opportunities Act did not entail a close study of the promotion of equal opportunities by trade unions and pointing out that most of the agreements on equal opportunities go further than the provisions contained in the Act and that a number of other activities are in progress in the equal opportunities context.

2. The Committee further notes with interest the introduction of a new Equal Opportunities Bill (1990/91:113) which, the Government states, is based on the report of the special investigator and the Government's recently adopted Equality Policy to the Mid-nineties, to which the Committee referred in its previous observation. According to the Government's report, the new draft Act prohibits harassment and indirect discrimination and, inter alia, places an obligation on the employer to counteract sexual harassment and requires employers with ten or more employees to draw up an annual plan for the promotion of equal opportunities. The Government also indicates that the draft Act is intended to expand the scope of investigations concerning pay discrimination by making it possible to assess what is equal or equivalent work.

In this regard, the Committee notes the comments forwarded by the Swedish Confederation of Professional Employees (TCO) to the effect that the proposed new Equal Opportunities Bill contains many improvements over the existing legislation but falls short of the special investigator's recommendations. Specifically, TCO expresses concern over the provisions on equal pay and the assessment of whether work is equal or of equal value, as it finds the basis for the evaluation of certain duties restrictive and considers that trade unions should have the right to examine the value of work and different jobs.

3. The Committee would be grateful if the Government would report on the status of the new Equal Opportunities Bill and supply a copy upon its adoption. With reference to its previous comments, the Committee requests the Government to indicate whether the draft contains a provision to safeguard against reprisals for making allegations of discrimination. It asks the Government to provide information on the measures taken to follow up the other recommendations in the evaluation report of the investigator. The Committee also requests the Government to supply information on the activities undertaken by the trade unions to promote equal opportunity including the settlement of sex discrimination disputes through trade union dispute procedures, and to forward copies of collective agreements which contain provisions relevant to the promotion of equal opportunity on any grounds covered by the Convention.

Measures against ethnic discrimination

4. The Committee notes that the Ombudsman against ethnic discrimination (the Discrimination Ombudsman - (DO)) took part in trade union activities on the central, regional and local levels, and in various training activities for employment counsellors and placement officers and raised questions of harassment with employers' and workers' organisations. The Committee notes with interest that the DO, in December 1989, submitted to the Government draft legislation against ethnic discrimination at work which would extend the ban on ethnic discrimination to the entire labour market and to employment of all kinds. The Committee notes the statement in the report that refusal of employment remains the most common problem facing immigrants in the employment sector and that the need for legislation in this field has been accentuated. The Committee requests the Government to report on the status of the draft legislation and its prospects of adoption.

5. The Committee notes with interest that the Commission Against Racism and Xenophobia completed its work in March 1989 and recommended that a law against ethnic discrimination in working life should be reconsidered. It further notes that, on the basis of the report, the Government introduced a Bill in February 1990 (1989/90:86) containing its assessment of the existence of discrimination on ethnic grounds and the need for measures designed to further good ethnic relations. The Committee would be grateful if the Government would supply a copy of the Commission's report along with a copy of the proposed Bill. It also requests the Government to clarify the difference in the provisions between this Bill and the one proposed by the Discrimination Ombudsman referred to above.

6. The Committee notes that in May 1990, the Government set up a Commission to Study Measures Against Ethnic Discrimination which, among other things, is to examine the need for a special law against ethnic discrimination in working life and to present proposals for such a law. This study is to be undertaken in close consultation with the concerned parties in the labour market and its report should be ready in 1992. The Committee requests the Government to provide information on the contents of the report and its recommendations, particularly in relation to the above mentioned Bill submitted by the Government and the draft legislation proposed by the Discrimination Ombudsman.

Article 4 of the Convention

7. The Committee notes from the Government's report that the Swedish ILO Committee has expressed its concern over a possible discrepancy between proposed Swedish rules on the screening of personnel and this Article of the Convention. The Committee notes that this Committee drew the application of this Article to the attention of the Parliamentary Commission (SAPO-kommitten), before which the report which contained the proposals on the screening of personnel was presented, and that subsequently it has raised the same concern with the Ministry of Public Administration. The Committee hopes that the adoption of any personnel rules will be in full conformity with the requirements of this Article of the Convention. It further requests the Government to supply a copy of the relevant proposals contained in the Commission's report.

The Committee is addressing a request on other matters directly to the Government.

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

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. The Committee notes with interest the Government's report and the documents and statistical information sent with it, and refers to the observation it has also made on the Convention.

2. The Committee notes with interest the summary of the report on sexual harassment in working life produced by the Equal Opportunities Ombudsman, his conclusions, and his recommendation for the addition to the Equal Opportunities Act of a special rule concerning protection against sexual harassment. Please indicate in the next report whether this recommendation has been accepted and what action, if any, has been taken as a result.

3. The Committee notes that in June 1988, the Government appointed a special investigator to evaluate the Equal Opportunities Act, who is to chart the implementation of the Act, analyse the implications of the findings thus obtained, and recommend such amendments to the Act as may be considered appropriate in order for the Act better to achieve its purposes. The Committee asks that the Government provide a copy of the special investigators' report and recommendations when they become available.

4. The Committee notes with interest that the AMU (Employment Training) Group organisations (whose prime task it is to organise employment training at the request of county employment offices) carry out consultative functions on immigrant affairs and equal opportunities on the county level. The Government indicates in its report that it is too early yet for any results of these activities to be discernible. The Committee asks the Government to keep it advised of achievements and activities under these county-AMU agreements.

5. The Committee notes the comments made by the Swedish Trade Union Confederation (LO) concerning central equal opportunities agreements and their importance (existing for 90 per cent of LO members) as the medium through which the promotion of equal opportunities can be adapted to the needs and circumstances of individual workplaces. The Confederation states that no coherent picture exists of the occurrence of local agreements or their content. The Committee hopes that the Government will provide additional information on the role of trade unions and of collective bargaining agreements in the promotion of a policy of equality of treatment and opportunity in employment and, in particular the role of and achievements under local agreements referred to by the LO in its comments. In this connection, it notes from the report that the number of sex discrimination disputes settled by trade union dispute procedures is unknown.

6. Concerning ethnic discrimination defined in the Act against Ethnic Discrimination (noted previously by the Committee) as discrimination on the grounds of race, colour, national or ethnic origin or creed, the Committee notes with interest the Government's report of the Discrimination Ombudsman's experience during the first two years of activities. As there is no statutory ban on ethnic discrimination in the private sector, the DO's activities rely to a large extent on consultations, research and voluntary remedial action. In particular, the Committee notes that nearly 150 cases of alleged discrimination at work were reported to the DO during the first two years of operation; and that no case has yet been reported to the DO in which the circumstances would conceivably have made the matter actionable if a legal action had been possible. Despite this, the Government reports that the DO is in no doubt that ethnic discrimination at work is a serious problem. The Committee further notes the statistical data provided with the Government's report showing levels of unemployment higher for non-nationals than for nationals. It also notes the additional data found in a report to the Council of Europe dated 3 November 1987 entitled "The First Year's Activity - Report of the Swedish Ombudsman Responsible for the Fight Against Ethnic Discrimination".

The Committee notes with interest that the Joint Industrial Safety Council of SAF/LO/PTK has undertaken a closer study of the problem of ethnic discrimination, and that the DO hopes that it will lead to the identification of mechanisms for efficiently combating these tendencies in working life. The Committee also notes with interest the discussions in progress with representatives of the National Labour Market Board (AMS) concerning possible methods of improving the situation for immigrants in the labour market - methods resembling the active measures for the promotion of equality between women and men, and the several other activities such as conferences, courses, surveys, payment of wage subsidies to employers of immigrants, etc., undertaken by the AMS in promoting the employment of immigrants and eliminating ethnic discrimination.

The Committee asks that the Government continue to provide full information on developments aimed at promoting equality in employment and occupation, and particularly eliminating discrimination based on ethnicity as defined in the Act against Ethnic Discrimination. The Government is asked to provide information in its next report on measures taken or envisaged to promote through agreement between the social partners, and/or by legislation, the prohibition of ethnic discrimination, and to provide a remedy in law to those who suffer such discrimination in the field of employment and/or occupation.

7. The Committee notes the information provided by the Government with respect to judicial decisions regarding discrimination based on religion. The Government is asked to continue to provide such information in its future reports.

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

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

1. The Committee notes with interest the adoption of Government Bill No. 1987/88:105, setting government policy to the mid-1990s on equality between men and women in Sweden, and which specifies concrete goals for equality to be achieved by certain dates and the measures by which they can be achieved. It hopes that the Government will indicate in future reports the measures taken in these respects and the results achieved. 2. The Committee also notes with interest that the Equal Opportunities Ombudsman presented a report to the Ministry of Labour in December 1986 which recommended among other things that the Equal Opportunities Act be amended to include a ban on reprisals on account of complaints of sex discrimination, in view of the insufficiency of existing safeguards against such reprisals. Please provide with the next report information on whether this proposed amendment has been adopted and on any further measures in this connection. 3. Further points are being raised 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 1990, published 77th ILC session (1990)

1. The Committee notes with interest the Government's report and the documents and statistical information sent with it, and refers to the observation it has also made on the Convention.

2. The Committee notes with interest the summary of the report on sexual harassment in working life produced by the Equal Opportunities Ombudsman, his conclusions, and his recommendation for the addition to the Equal Opportunities Act of a special rule concerning protection against sexual harassment. Please indicate in the next report whether this recommendation has been accepted and what action, if any, has been taken as a result.

3. The Committee notes that in June 1988, the Government appointed a special investigator to evaluate the Equal Opportunities Act, who is to chart the implementation of the Act, analyse the implications of the findings thus obtained, and recommend such amendments to the Act as may be considered appropriate in order for the Act better to achieve its purposes. The Committee asks that the Government provide a copy of the special investigators' report and recommendations when they become available.

4. The Committee notes with interest that the AMU (Employment Training) Group organisations (whose prime task it is to organise employment training at the request of county employment offices) carry out consultative functions on immigrant affairs and equal opportunities on the county level. The Government indicates in its report that it is too early yet for any results of these activities to be discernible. The Committee asks the Government to keep it advised of achievements and activities under these county-AMU agreements.

5. The Committee notes the comments made by the Swedish Trade Union Confederation (LO) concerning central equal opportunities agreements and their importance (existing for 90 per cent of LO members) as the medium through which the promotion of equal opportunities can be adapted to the needs and circumstances of individual workplaces. The Confederation states that no coherent picture exists of the occurrence of local agreements or their content. The Committee hopes that the Government will provide additional information on the role of trade unions and of collective bargaining agreements in the promotion of a policy of equality of treatment and opportunity in employment and, in particular the role of and achievements under local agreements referred to by the LO in its comments. In this connection, it notes from the report that the number of sex discrimination disputes settled by trade union dispute procedures is unknown.

6. Concerning ethnic discrimination defined in the Act against Ethnic Discrimination (noted previously by the Committee) as discrimination on the grounds of race, colour, national or ethnic origin or creed, the Committee notes with interest the Government's report of the Discrimination Ombudsman's experience during the first two years of activities. As there is no statutory ban on ethnic discrimination in the private sector, the DO's activities rely to a large extent on consultations, research and voluntary remedial action. In particular, the Committee notes that nearly 150 cases of alleged discrimination at work were reported to the DO during the first two years of operation; and that no case has yet been reported to the DO in which the circumstances would conceivably have made the matter actionable if a legal action had been possible. Despite this, the Government reports that the DO is in no doubt that ethnic discrimination at work is a serious problem. The Committee further notes the statistical data provided with the Government's report showing levels of unemployment higher for non-nationals than for nationals. It also notes the additional data found in a report to the Council of Europe dated 3 November 1987 entitled "The First Year's Activity - Report of the Swedish Ombudsman Responsible for the Fight Against Ethnic Discrimination".

The Committee notes with interest that the Joint Industrial Safety Council of SAF/LO/PTK has undertaken a closer study of the problem of ethnic discrimination, and that the DO hopes that it will lead to the identification of mechanisms for efficiently combating these tendencies in working life. The Committee also notes with interest the discussions in progress with representatives of the National Labour Market Board (AMS) concerning possible methods of improving the situation for immigrants in the labour market - methods resembling the active measures for the promotion of equality between women and men, and the several other activities such as conferences, courses, surveys, payment of wage subsidies to employers of immigrants, etc., undertaken by the AMS in promoting the employment of immigrants and eliminating ethnic discrimination.

The Committee asks that the Government continue to provide full information on developments aimed at promoting equality in employment and occupation, and particularly eliminating discrimination based on ethnicity as defined in the Act against Ethnic Discrimination. The Government is asked to provide information in its next report on measures taken or envisaged to promote through agreement between the social partners, and/or by legislation, the prohibition of ethnic discrimination, and to provide a remedy in law to those who suffer such discrimination in the field of employment and/or occupation.

7. The Committee notes the information provided by the Government with respect to judicial decisions regarding discrimination based on religion. The Government is asked to continue to provide such information in its future reports.

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

1. The Committee notes with interest the Government's most recent report and the documents and statistical information sent with it.

2. As concerns discrimination based on sex, the Committee notes with interest the adoption of Government Bill No. 1987/88:105, setting government policy to the mid-1990s on equality between men and women in Sweden, and which specifies concrete goals for equality to be achieved by certain dates and the measures by which they can be achieved. It hopes that the Government will indicate in future reports the measures taken in these respects and the results achieved.

3. The Committee also notes with interest that the Equal Opportunities Ombudsman presented a report to the Ministry of Labour in December 1986 which recommended among other things that the Equal Opportunities Act be amended to include a ban on reprisals on account of complaints of sex discrimination, in view of the insufficiency of existing safeguards against such reprisals. Please provide with the next report information on whether this proposed amendment has been adopted and on any further measures in this connection.

4. Further points are being raised in a request addressed directly to the Government.