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

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

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The Committee notes the joint observations of the National Federation of Christian Trade Unions (CNV) and the Netherlands Trade Union Confederation (FNV) received on 30 June 2022 and 30 August 2023, and then communicated by the Government.

Article 1(1)(a) of the Convention.Discrimination based on sex. Pregnancy and maternity. The Committee notes the Government’s statement, in its report, that several awareness-raising activities for workers and employers are being implemented, including in the framework of the Action Plan on Labour Market Discrimination 2022–25, in order to prevent such discrimination. The Government further refers to the Bill on Monitoring Equal Opportunities in Recruitment and Selection that would require employers and intermediaries to have a policy to combat labour market discrimination, including on the basis of pregnancy. The Committee also observes that the Government acknowledges that discrimination based on pregnancy or maternity is still prevalent. In that regard, it also notes that, in its 2021 submission to the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW), the Netherlands Institute for Human Rights (NIHR) highlighted the lack of progress in tackling discrimination based on pregnancy as, according to a study carried out at in November 2020: (1) four out of ten women still experienced such kind of discrimination, a proportion that has remained unchanged since 2012; (2) many cases of discrimination based on pregnancy involve the non-renewal of temporary employment contracts, or a renewal under altered conditions; (3) one out of five women did not get a job because of their pregnancy; and (4) only 11 per cent of the women who had experienced discrimination took action. In that regard, the Committee notes from the Government’s report that only 2 reports concerning potential instances of discrimination based on pregnancy or maternity resulted in an intervention by the National Labour Authority (NLA, formerly the Labour Inspectorate SZW) and observes that such numbers do not seem to reflect the magnitude of the issue in the country. In his regard, the Committee considers that, while the termination of fixed-term contracts at the end of the specified period is in their very nature, any differences in the renewal of such contracts or the initial determination of their duration that are based on pregnancy, real or potential, of the worker, are discriminatory. Furthermore, the Committee notes that, in their joint observations, the CNV and the FNV highlight that the proportion of women exposed to discrimination on the grounds of pregnancy or maternity remains the same over the years and highlight the lack of sanctions imposed to employers on these grounds and effective implementation of the legislation. In this regard, the Committee refers to its 2022 observation on the application of the Maternity Protection Convention, 2000 (No. 183). As discrimination based on pregnancy or maternity in the labour market can constitute an impediment to the wider labour market participation of women, the Committee asks the Government to take steps to effectively address discrimination based on pregnancy and maternity in practice, in all aspects of employment and occupation. It asks the Government to provide information on: (i) any proactive measures implemented to that end, in cooperation with the social partners, including any measures taken or envisaged to address the underreporting of such cases of discrimination, in the framework of the Action Plan on Labour Market Discrimination 2022-2025 and the future legislation on monitoring equal opportunities in recruitment and selection or otherwise; (ii) any assessment made of the results of such measures; and (iii) the number, nature and outcome of cases involving discrimination in employment or occupation based on pregnancy or maternity dealt with by the NLA, the NIHR, the courts or any other competent authorities.

Sexual harassment. The Committee notes with interest that: (1) in April 2022, a Commissioner for sexually transgressive behaviour and sexual violence was appointed to raise awareness and promote cultural change about gender stereotyping and abuse of power that leads to such behaviours; (2) in October 2022, the Government submitted the Sexual Offences Bill to the House of Representatives which defines sexual offences as different types of conduct involving involuntary, unequal or unwanted sexual contact and criminalizes sexual harassment; and (3) in January 2023, a National Action Programme for tackling sexually transgressive behaviour and sexual violence was launched and aims, among others, at preventing and combating sexual harassment at work. The Committee also welcomes the Government’s statement that a Bill to amend the Working Conditions Act was submitted to the House of Representatives in order to introduce an obligation for employers with at least 10 employees to appoint a confidential counsellor for inappropriate behaviours within the company or externally. The Committee notes that the Bill was adopted by the House of Representatives on 23 May 2023 and is under consideration by the Senate. The Government adds that the Minister of Social Affairs and Employment is currently looking into the option of requiring employers to have a complaint mechanism in place. Welcoming this information, the Committee also notes that, according to the National Working Conditions Survey (NEA) published by the Central Bureau of Statistics (CBS), in 2021, one in five employees, especially young women, have been confronted with some form of sexual harassment at work. Employees in the healthcare sector and in the catering sector were the most affected (43 per cent and 31 per cent respectively). In that regard, the Committee notes that, in their joint observations, the CNV and the FNV stress that the legal protection against violence and harassment at work is incomplete and highlight the need for introducing a legal obligation for employers to have a complaint mechanism or a person of trust in the workplace in order to assist victims of harassment and prevent a situation to escalating. In that regard, the Committee notes that in its 2023 submission to the UN Committee on Economic, Social and Cultural Rights (CESCR), the NIHR also highlighted that the existing legal framework does not adequately address and prevent sexual harassment, and highlighted the need for a comprehensive, coordinated and gender-sensitive approach to combat sexual harassment at work, while paying attention to the underlying causes and enhancing employers to take concrete steps against sexual harassment at work. The Committee asks the Government to take steps to ensure that workers are effectively protected against both quid pro quo and hostile environment sexual harassment in employment and occupation, with a specific focus on the sectors in which workers are most exposed to sexual harassment, such as healthcare and catering. It further asks the Government to provide information on: (i) any concrete measures taken, in particular by the Commissioner for sexually transgressive behaviour and sexual violence, to prevent and combat sexual harassment at work, including in the framework of the National Action Programme and as a result of any legislative developments that would occur regarding the above-mentioned Bills; (ii) any assessment made of the impact of these measures; and (iii) the number, nature and outcome of cases of sexual harassment dealt with by the NLA, the NIHR, the courts or any other competent authorities.

Indirect discrimination based on sex. Access to employment-related and social security benefits. Workers in private households. The Committee notes that: (1) pursuant to the Home Services Regulation (RDaH) and Unemployment Act (WW), domestic workers who work four days a week or less in a private household and healthcare workers who are paid on the basis of a personal budget grants by a Government agency (so called ‘PGB’ workers) are excluded from the social security system; and (2) on 30 March 2023, the Central Appeal Board ruled that the exclusion of ‘PGB’ workers from unemployment benefits and the right to social security constitutes indirect discrimination against women, since around 95 per cent of these workers are women. The Central Appeal Board concluded that ‘PGB’ workers should not be excluded from the social security scheme and the years worked as ‘PGB’ workers should be included in their employment history (case No. 22/306 WW). The Committee asks the Government to take the necessary steps, including in collaboration with the social partners, to amend its national legislation in order to ensure that all domestic workers and PGB workers, who are mostly women, are treated on an equal footing to other workers with regard to access to employment-related and social security benefits. Its asks the Government to provide information on any progress made in that regard.

Pension gap between men and women. The Committee notes the Government’s statement that a large part of the gender pension gap is related to the fact that women are still working more in part-time jobs and that measures will be taken to further increase their participation in the labour market. It notes from the Government’s report that, according to the CBS, the expected pension to be achieved has somewhat increased for both men and women (from 2016 to 2021), but is still considerably higher for men compared to women, as women accrue approximately 40 per cent less pension than men (CBS, “Pensioenaansprakenstatistiek”, 15 December 2022). In that regard, the Committee notes, from EUROSTAT, that the gender pension gap only slightly decreased by 1.5 percentage point since 2010 and remained one of the highest in the European Union, being estimated at 39.7 per cent in 2019 compared to 29.4 per cent for the average gender pension gap in the EU countries. The Committee notes that the new Pension System Act (Wtp) of 30 May 2023 entered into force on 1 July 2023. The Government states that, on that occasion, the Parliament adopted a resolution requesting the Government to investigate how to close the gender pension gap in the new pension system (Motie Moonen c.s., Kamerstukken I 2022/23, 36 067, Z). The Parliament will be informed on the outcome of this investigation. With regard to the renewal of the legislation for division of pension in case of divorce in order to achieve better gender equality by ensuring that the partner who has accrued the least pension during the marital period, in practice mainly women, receives an independent entitlement to a pension, the Committee notes from the Government’s report that the proposed legislation is currently under discussion before Parliament. The Committee asks the Government to provide information on: (i) any measures taken to address gender disparity in pensions, including any changes introduced to that end in the legislation, specifically focusing on married women who mainly accrued the least pension and part-time workers who are mostly women; (ii) any assessment made of the impact of these measures; and (iii) the average pension levels for men and women by economic sector.

Article 1(2). Inherent requirements of the job. Noting the absence of reply from the Government on this point and recalling that the concept of inherent requirements must be interpreted restrictively, the Committee asks the Government to take the necessary measures to ensure that exceptions to the application of the prohibition of discrimination for religion or ideology-based institutions, under section 5(2) of the Equal Treatment Act, do not lead, in practice, to direct or indirect discrimination based on religion, political opinion or sexual orientation, and to provide information on the nature, circumstances and outcome of any cases addressed by the competent authorities involving section 5(2)(a) to (c).

Articles 2 and 3. Equality of opportunity and treatment of men and women. The Committee welcomes the Government’s indication that several measures have been implemented in order to: (1) address gender stereotypes and segregation in the choice of study and occupation; and (2) increase the participation of women in decision-making positions, including through a statutory quota applied to listed companies since 1 January 2022 requiring that at least one-third of positions in their supervisory boards be filled by women and providing that a new appointment that does not contribute to a more balanced ratio of women to men be void. In addition, large companies are also required to set targets regarding gender diversity, draw up a plan for achieving these targets, and report on progress. The Government adds that these measures in the private sector will be supplemented by similar provisions for the public and semi-public sectors with a target figure between 45 per cent and 55 per cent of women in senior positions and an adequate infrastructure for monitoring and sharing of good practices. Welcoming this information, the Committee also notes that, according to the CBS (“Emancipatiemonitor” 2022), in 2021, the employment rate of women remained substantially below than those of men (77.1 per cent and 86.8 per cent respectively) with a smaller proportion of women being economically independent (66.3 per cent of women compare to 81.4 per cent of men). Furthermore, women were still mostly employed in healthcare (80 per cent), education (74 per cent) and services (67 per cent), while men were mostly employed in transport, information and communication and technical occupations (75 per cent). The Committee notes the Government’s statement that the number of women in larger part time jobs (28-35 hours per week) has increased from 21.3 per cent in 2013 to 26.6 per cent in 2021. In that regard, the Government states that, following the recommendations made by the Interdepartmental Policy Study (IBO) on part time work which identified care responsibilities as being the main obstacle for women to do not work longer hours, several measures were implemented such as awareness-raising activities, reorganization of childcare and extension of the childbirth leave and parental leave. The Committee notes that, in their joint observations, the CNV and the FNV express concerns about the accessibility of leave entitlements for lower income groups, as workers who take additional childbirth leave or parental leave will receive a maximum of 70 per cent of their remuneration, which could therefore be below the minimum wage or even the social benefit level. Observing that according to CBS data, in 2021, almost 45 percent of women stopped working or worked fewer hours, after they have children, while men rarely do so (6.6 per cent for men), the Committee refers in that regard to its comments on the application of the Workers with Family Responsibilities Convention, 1981 (No 156). Emphasizing the importance of implementing gender equality measures and reviewing periodically their impact, the Committee asks the Government to strengthen its efforts to address vertical and horizontal occupational gender segregation and gender stereotypes. It asks the Government to provide information on: (i) any measures implemented to enhance women’s representation in non-traditional fields of study and occupations, and their results; (ii) any measures implemented to enhance opportunities for women to work longer hours or engage in full-time employment, if they so wish, including through awareness-raising campaigns addressing the distribution of care work between men and women;and (iii) the distribution of men and women in full-time and part-time employment, disaggregated by economic sector and occupation, where possible.

Equality of opportunity and treatment of persons of African descent. The Committee notes the Government’s statement that the Action Plan on Labour Market Discrimination 2022–25 aims, among others, at promoting equal opportunities for people with a non-Dutch migration background but that no specific action focuses on persons of African descent. The Committee notes that, in its 2021 concluding observations, the UN Committee on the Elimination of Racial Discrimination (CERD) expressed concern about stigmatization and the use of negative stereotypes against people of African descent that continue to be present in society, as well as the lack of disaggregated data on their social and economic situation which prevents the Government from developing targeted and effective measures to address the discrimination against them (CERD/C/NLD/CO/22-24, 16 November 2021, paragraph 27). With reference to its observation, the Committee asks the Government to provide information on: (i) any proactive measures taken to promote equality of opportunity and treatment in employment and occupation of persons of African descent, including in the framework of the Action Plan on Labour Market Discrimination; (ii) any assessment made of the results of these measures; and (iii) the number, nature and outcome of cases of discrimination in employment and occupation against persons of African descent dealt with by the competent authorities.

Awareness-raising and enforcement. The Committee notes from the Government’s report that: (1) in 2022, the NIHR received 234 requests for an opinion regarding discrimination in employment and concluded that discrimination took place in 40 per cent of the cases; and (2) between 2019 and 2022, the NLA conducted a research over 1,000 employers regarding labour market discrimination that showed that many employers did not yet possess a written procedure to prevent discrimination during recruitment process and were unaware of the risks of inadvertent discrimination during job interviews. In that regard, the Committee notes that, on 14 June 2022, the Parliamentary Committee of Inquiry into the effectiveness of anti-discrimination legislation presented its findings in a report entitled ‘Do equal justice’ to identify actions that could be undertaken by the Dutch legislator in order to better address discrimination into four fields: the labour market, education, social security and the police. In September 2022, the Senate adopted a motion asking the Government to respond to the Parliamentary Committee’s recommendations. Furthermore, the Committee notes that, in their joint observations, the FNV and the CNV point out the lack of effective enforcement of the existing legislation. The Committee asks the Government to take steps to raise public awareness of and provide training on the relevant legislative provisions, the procedures and remedies available. It asks the Government to continue to provide information on: (i) any measures implemented to that end, including as a follow-up to the recommendations made by the Parliamentary Committee of Inquiry into the effectiveness of anti-discrimination legislation; and (ii) the number, nature and outcome of cases of discrimination in employment and occupation dealt with by the NLA, the NIHR, the Anti-Discrimination Services or the courts.

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

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The Committee notes the joint observations of the National Federation of Christian Trade Unions (CNV) and the Netherlands Trade Union Confederation (FNV) received on 30 June 2022 and 30 August 2023, and then communicated by the Government.

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. Legislation. Social origin. Recalling that “social origin” is not mentioned among the prohibited grounds of discrimination set out in the Equal Treatment Act, the Committee notes the Government’s indication, in its report, that: (1) no administrative or judicial decision has been issued regarding discrimination on the ground of social origin; (2) one of the current multi-annual programmes of the Netherlands Labour Authority (NLA, formerly the Labour Inspectorate – SZW) is focused on employment-related psychological pressure, including labour market discrimination, and covers all types of inappropriate behaviours, including but not limited to discrimination on the ground of social origin; and (3) from 2019 to 2023, around 50 complaints on potential instances of discrimination based on social origin resulted in an intervention by the NLA. While noting the lack of information regarding the nature and results of such interventions, the Committee notes the Government’s statement that the Bill on Monitoring Equal Opportunities in Recruitment and Selection covers all grounds of discrimination, and continued tripartite social dialogue is maintained on this issue. In that regard, the Committee notes that the Bill was adopted by the House of Representatives on 14 March 2023 and will be examined by the Senate, but observes that: (1) the Bill only covers access to employment and does not cover all aspects of employment and occupation in the meaning of Article 1(3) of the Convention; and (2) it does not explicitly refer to “social origin” as a prohibited ground of discrimination. The Committee asks the Government to take steps to explicitly prohibit discrimination based on social origin in the national legislation to cover at least all the grounds listed in Article 1(1)(a) of the Convention, in all aspects of employment and occupation. It asks the Government to provide information on any progress made in that regard, including in collaboration with social partners. Pending the adoption of such provisions, the Committee asks the Government to indicate how employees and applicants, in both the public and private sectors, are protected against discrimination based on social origin in practice, as well as any awareness-raising activities undertaken in that regard among the NLA, workers, employers and their respective organizations.

Articles 2 and 3. National equality policy. The Committee notes the Government’s indication that a new Action Plan on Labour Market Discrimination for 2022-2025 is currently being implemented, building on the previous Action Plan. As a result, several actions will be implemented, such as awareness-raising activities among employers and workers about their rights and duties, developing tools to help employers establish fair recruitment procedures, conducting research and drafting legislation. The Government adds that the House of Representatives is informed annually about the progress made in the implementation of the Action Plan, although it is difficult to measure the effect of such policy directly. In that regard, the Committee notes that, in their joint observations, the CNV and the FNV acknowledge the attempts made to measure the effects of the policy but highlight that the Government has not set any goals aimed at reducing discrimination which remains persistent, with one in six workers reporting to have experienced discrimination. The Committee further notes that, in its 2022 conclusions, the European Commission against Racism and Intolerance (ECRI) noted that, in spite of its previous recommendations, neither indicators nor measurable targets were inserted into the Action Plan on Labour Market Discrimination (CRI(2022)03, 2022, page 5). In that regard, the Committee notes that, in its 2023 submission to the United Nations (UN) Committee on Economic, Social and Cultural Rights (CESCR), the Netherlands Institute for Human Rights (NIHR) also regretted that even though the Action Plan sets out the intention to add measurable outcomes, the plan has not yet been updated with measurable outcomes one year after its publication. The Committee welcomes the measures taken and envisaged by the Government to prevent and address discrimination in the labour market but notes the repeated lack of information on the impact of the measures taken. Therefore, the Committee asks the Government to ensure, in collaboration with the social partners, that appropriate indicators and measurable targets are designed and challenges are clearly identified to monitor and improve the effectiveness of any measures taken under the Action Plan on Labour Market Discrimination 2022-25 or otherwise. It asks the Government to provide information on the measures taken under the new Action Plan and their impact, including information from the progress reports presented to the Parliament at regular intervals.

Equality of opportunity and treatment irrespective of race, colour or national extraction. The Committee notes that, according to Central Bureau of Statistics (CBS), the percentage of persons with a migration background in the Netherlands (including second-generation migrants) represented 25.4 per cent of the whole population in 2022. The Committee notes the Government’s indication that several pilot projects were developed within the “For an Inclusive Labour Market “ (VIA) Programme, that ended in 2021, to improve the labour market position of persons with a “non-Western” migration background (i.e. persons of whom both parents were born outside the Netherlands). The Government adds that these workers can also benefit from the generic measures taken to address discrimination, in particular in the framework of the Action Plan on Labour Market Discrimination for 2022-2025 and the Bill on Monitoring Equal Opportunities in Recruitment and Selection, which was adopted by the House of Representatives on 14 March 2023 and is now under consideration by the Senate. The Committee welcomes the appointment of: (1) a National Coordinator on Discrimination and Racism in October 2021 with the task to elaborate a multi-year action plan to combat all forms of discrimination, hate speech and racism; and (2) a Committee of State on Discrimination and Racism in July 2022. The Committee also notes, from a study carried out by the Netherlands Institute for Social Research (SCP), that persons with a “non-Western” migration background, particularly those of Moroccan and Turkish origin, more often experience labour market discrimination, both when looking for work and at work: they have to wait longer before finding a job and before obtaining a permanent contract and they are paid less than other persons (“Monitor of equal opportunities and positions in the labour market regardless of migration background”, November 2021). Observing that the Government acknowledges that several studies showed that applicants with a Turkish or Moroccan name have still fewer opportunities in the labour market, the Committee notes that, in their joint observations, the CNV and the FNV, also express concerns at the persistent discrimination faced by workers with a “non-Western” migration background, in particular young workers and workers of Moroccan and Turkish origin, regarding their participation in the labour market. The trade unions highlight that their unemployment rate is still three times higher compared to Dutch nationals (16 per cent and 5 per cent respectively). The Committee further notes that, in its 2021 concluding observations, the UN Committee on the Elimination of Racial Discrimination (CERD) expressed concerns about: (1) reports of discrimination against students with ethnic minority and immigrant backgrounds, in particular with respect to lower assessment from their teachers for their admission to secondary school and obtaining internships, which has a negative impact on their future prospects on the labour market; and (2) many people with an immigrant background and ethnic minorities who continue to face discrimination in access to employment (CERD/C/NLD/CO/22-24, 16 November 2021, paragraphs 19, 21 and 25). In that regard, the Committee also observes from the Government’s report that the number of cases of discrimination at work reported to the NIHR by persons with a migration background increased from 27 in 2019 to 59 in 2022. Since 2019, the Netherlands Labour Authority received around 60 complaints on potential instances of discrimination against persons with a “non-Western” background which resulted in an intervention by the NLA. In light of the above, the Committee urges the Government to strengthen its efforts to effectively address discrimination and ensure equality of opportunity and treatment in education, employment and occupation for persons with a “non-Western” migration background, including those of Moroccan and Turkish origin. It asks the Government to provide information on: (i) the measures implemented to that end, in particular as regards recruitment and selection processes, including in the framework of the Action Plan on Labour Discrimination and the future legislation on Monitoring Equal Opportunities in Recruitment and Selection; (ii) the activities carried out by the National Coordinator on Discrimination and Racism and the Committee of State on Discrimination and Racism; (iii) any assessment made of the impact of these measures as well as of the situation of persons with a “non-Western” migration background on the labour market; and (iv) the number, nature and outcome of cases of discrimination against persons with a “non-Western” migration background dealt with by NLA, the NIHR, the courts or any other competent authorities.

Migrant workers. The Committee notes the Government’s statement that, in order to address labour exploitation of migrant workers, several measures are being envisaged to implement the recommendations made in October 2020 by the Migrant Worker Protection Task Force in its report entitled “Not Second-Class Citizens”. The Government adds that such measures include: (1) the introduction of a certification scheme for temporary employment agencies; (2) the improvement of registration and housing for migrant workers; and (3) the recruitment of additional labour inspectors. Welcoming this information, the Committee also refers to its comments on the application of the Migration for Employment Convention (Revised), 1949 (No. 97) regarding the concerns expressed by both the CNV and the FNV about: (1) the exploitative labour conditions of migrant workers, in particular those employed as domestic workers; and (2) the lack of effective enforcement of existing laws and regulations, including by the labour inspectorate. In that regard, the Committee notes the Government’s indication that, between 2019 and 2023, around 10 to 15 complaints on potential cases of discrimination against migrant workers resulted in an intervention by the NLA. The Committee urges the Government to take steps to ensure equality of opportunity and treatment for migrant workers in employment and occupation, in particular by combating exploitation of migrant workers and ensuring safe working conditions. It asks the Government to provide information on: (i) any measures and programmes implemented to that end, in particular in order to supervise the activities of temporary employment agencies and strengthen labour inspections in sectors employing a large number of migrants, including domestic work; (ii) any assessment made on the impact of these measures; and (iii) the number, nature and outcome of cases of discrimination against migrant workers detected by or reported to NLA, the NIHR, the courts or any other competent authorities.

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

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

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

The Committee also notes the observations of the Netherlands Trade Union Confederation (FNV), the National Federation of Christian Trade Unions (CNV) and the Trade Union Federation for Professionals (VCP) received on 29 August 2019, as well as the additional observations of the CNV and the FNV received on 24 September 2020, which were also transmitted by the Government.

Article 1(1)(a) of the Convention. Discrimination based on social origin. The Committee recalls that social origin does not figure among the prohibited grounds of discrimination set out in the Equal Treatment Act, but that the Government considers that this ground is covered by article 1 of the Constitution prohibiting discrimination “on any grounds whatsoever”. It previously noted the FNV’s and CNV’s observations concerning the urgency of including “social origin” in the list of prohibited grounds of the equal treatment legislation, urging the Government to work with the Netherlands Institute of Human Rights (hereinafter “the Institute”) on this issue. The Committee notes the Government’s repeated statement, in its report, that it has no intention of including the ground of “social origin” in its national legislation since it considers it to be sufficiently covered by indirect discrimination based on one of the other grounds of discrimination such as race, nationality, religion or personal convictions, gender or civil status, covered by the Equal Treatment Act. The Government adds that as a result of an evaluation carried out in 2017 on the Equal Treatment Act, the Institute did not conclude that the Act was too narrow. The Committee takes note of this information. However, it observes that the Government did not provide information on (1) any case of discrimination on the ground of “social origin” dealt with by competent authorities, or (2) any decision interpreting article 1 of the Constitution as including discrimination on the ground of “social origin”. In order for the Committee to be in a position to assess the extent of the protection provided for by article 1 of the Constitution, the Committee again asks the Government to provide information on any administrative or judicial decisions interpreting such provision, in particular with regard to discrimination on the ground of social origin, as well as on any awareness-raising activities undertaken in that regard, in collaboration with workers, employers and their respective organizations. It further asks the Government to provide information on the number, nature and outcome of any cases of discrimination on the ground of social origin, including in connection with other grounds, dealt with by labour inspectors, the Netherlands Institute of Human Rights, the courts or any other competent authorities. Finally, the Committee asks the Government to provide information on any measures taken or envisaged in collaboration with the social partners, to prohibit expressly direct and indirect discrimination on the ground of social origin in its national legislation.

Discrimination based on sex. Pregnancy and maternity. The Committee notes the Government’s statement that a “Baby and Job” online campaign was launched to raise awareness about pregnancy discrimination against women between 20 and 36 years of age, as well as available remedies in case of pregnancy discrimination. It further takes note of the adoption of an Action Plan on Pregnancy Discrimination in 2017. The Committee however notes, from the 2019 Government’s report under the national-level review of implementation of the Beijing Declaration (Beijing+25 national report), that pregnancy discrimination remains a common obstacle to women’s participation in employment. In 2017, the Institute received 1,470 complaints or enquiries related to pregnancy discrimination, as well as 52 “requests for a ruling” in cases of alleged pregnancy discrimination. Of the 432 requests for a ruling actually investigated and adjudicated by the Institute during the year 2017, 51 involved alleged pregnancy discrimination (page 53). In that regard, the Committee notes that the FNV, the CNV and the VCP highlight that the focus of the Government’s policies for combating pregnancy discrimination should be broader as it is estimated that 52 per cent of pregnant workers are still facing some form of pregnancy discrimination. Recalling that distinctions in employment and occupation based on pregnancy or maternity are discriminatory as they can by definition only affect women, the Committee asks the Government to provide information on the proactive measures taken to ensure that women are effectively protected against pregnancy or maternity discrimination in practice. It asks the Government to continue to provide information on any awareness-raising activities of the rights of women workers linked to pregnancy and maternity implemented, targeting more particularly workers, employers and their respective organizations. The Committee further asks the Government to provide information on the number of cases of pregnancy or maternity discrimination in employment and occupation detected by or reported to labour inspectors, the Netherlands Institute for Human Rights or the courts, as well as the sanctions imposed and remedies provided.

Sexual harassment. The Committee recalls that the Labour Conditions Act refers only to sexual harassment in the context of the definition of “employment-related psychological pressure” and the obligation of the employer to adopt a policy in this regard (sections 1(3)(e)) and 3(2)). It previously noted the measures taken to raise awareness of and monitor sexual harassment at the workplace. The Committee notes the reference made by the Government to several activities undertaken for promoting a safe working culture and tackling undesirable behaviours, including sexual harassment. The Government adds that the action programme “Violence does not belong at home” also examined the role that employers can play in identifying domestic violence early and engaging in discussions about it. The Committee takes note of this information. It notes, however, the lack of information provided by the Government on the manner in which such activities specifically address both hostile environment and quid pro quo sexual harassment in the private and public sectors. Recalling that sexual harassment is a serious form of sex discrimination, the Committee notes that the FNV, the CNV and the VCP indicate that a research they carried out shows that 50 per cent of workers have experienced some form of sexual harassment at work, with women being mostly victims of the most serious forms of sexual harassment, such as unwanted touching. The research also shows that 20 per cent of workers were not familiar with the employer’s policy on sexual harassment. The Committee further notes that, in the trade unions’ view, the role of employers with respect to domestic violence is essential, as victims of domestic violence are often harassed at work, and social partners also have a role to play in that regard. With regard to its previous request, the Committee notes the Government’s reply that, the labour inspectorate has no active projects in the agricultural and green sectors and the cleaning and intermediaries sector, but that it did inspect signals from the agricultural and green sectors for undesirable behaviours and work pressure. It further notes the Government’s indication that no inspection has been carried out specifically on sexual harassment but that on average the labour inspectors received between five and ten reports alleging sexual harassment per year. If such a report arrives, the responsible employer is eligible for an active policy inspection. The Committee notes that, in its 2019 concluding observations, the United Nations Human Rights Committee expressed concern at the absence of comprehensive data collection relating to violence against women (CCPR/C/NLD/CO/5, 22 August 2019, paragraph 32). Recalling that the Convention covers both quid pro quo and hostile environment sexual harassment, the Committee again asks the Government to provide information on the specific measures taken to effectively prevent and combat all forms of sexual harassment at work, including by raising awareness of workers, employers and their respective organizations. It also asks the Government to provide information on the impact of the measures undertaken to that end, both in the public and private sectors. Finally, the Committee asks the Government to provide information on the number of complaints or cases of sexual harassment at work dealt with by labour inspectors, the Netherlands Institute for Human Rights or the courts, as well as the sanctions imposed and remedies provided.

Article 1(2). Inherent requirements of the job. The Committee recalls that section 5(2)(a) to (c) of the Equal Treatment Act allows institutions founded on religious, ideological or political principles, as well as private educational establishments, to impose requirements which, having regard to the purpose of the institution, are necessary for the fulfilment of the duty attached to the post, provided that such requirements do not lead to discrimination on the sole grounds of political opinion, race, sex, nationality, heterosexual or homosexual orientation or civil status. It previously noted that section 5(2), as amended in 2015, now requires that the organization or institution demonstrate that any occupational requirement is genuine, legitimate and justified, having regard to the organization’s ethos, and requested the Government to provide information on the application of these provisions in practice. The Committee notes the Government’s indication that no request had been received yet for an opinion on this section. The Government adds that no judicial decision has been made on the basis of these provisions. The Committee again asks the Government to take the necessary measures to ensure that exceptions to the application of the prohibition of discrimination for religion or ideology-based institutions under section 5(2)(a) of the Equal Treatment Act do not lead, in practice, to direct or indirect discrimination based on religion, political opinion or sexual orientation, and to provide information on any cases addressed by the competent authorities involving section 5(2)(a) to (c).

Articles 2 and 3. Equality of opportunity and treatment of men and women. In reply to its previous comments, where it noted the persistent prevalence of stereotypes on the roles of men and women in the family and the labour market, the Committee notes the Government’s general indication that several measures are being implemented to address gender stereotypes in education and the labour market and enhance a better conciliation of work, care and learning, in particular in the framework of the “Work and the Future” partnership. The Government adds that several measures have been taken to encourage women’s participation in employment such as (1) the extension of the duration of the paternity leave and the parental leave; and (2) awareness-raising campaigns to enhance a better conciliation between work and family responsibilities, such as the “Work and Care” campaign launched in 2019 to encourage employers, workers and their respective organizations to discuss ways to achieve a good balance between work and family responsibilities. The Committee notes, from the statistical information submitted by the Government, that the net employment rate for women increased from 51.2 per cent in 2017 to 54.5 per cent in 2018. It however notes that, in 2018, only 29 per cent of women had a full-time job. Noting the Government’s indication that the average weekly working time of women progressed slowly from 27 hours in 2015 to 28 hours in 2017, compared to 39 hours for men, the Committee notes that, in their supplementary observations, the FNV and the CNV point out that, as a result of the COVID-19 pandemic, the number of hours worked by women declined more rapidly than the number of hours worked by men; a situation which had a negative impact on the labour market position of women. In that regard, the Committee notes the Government’s indication that it has decided to undertake an Interdepartmental Policy Study (IBO) to explore the causes and effects of part-time work, as well as possible obstacles to working more or fewer hours, in order to develop relevant policy packages. As regards women’s representation in management positions, the Government states that the rate is rising too slowly as, mid-2017, women represented only 11.7 per cent of members of boards of directors and 16.2 per cent of members of supervisory boards. The Committee further notes, from the statistical information provided by the Government, that segregation of the labour market persists with women being under-represented in technical professions, while men are under-represented in healthcare. The Government indicates that market segregation is mainly due to education choices but that progress has been made as, in 2017, women represented 36.2 per cent of first-year students in mathematics, physics, information and technology (compared to 26.5 per cent in 2007) and 19.3 per cent of persons involved in technical training and vocational education (compared to 14.5 per cent in 2007). The Committee welcomes this information. It however notes that, in their observations, the FNV, the CNV and the VCP, while welcoming the efforts made by the Government to address gender stereotypes, consider that a set of comprehensive actions is needed to effectively achieve a more equal position for women in the labour market, as they are still overrepresented in the education, health care, childcare, cleaning and retail sectors. The Committee asks the Government to continue to provide information on the measures taken to effectively promote gender equality in education, employment and occupation, including by: (i) addressing gender stereotypes and occupational segregation; (ii) increasing the participation of women in decision-making positions; and (iii) enhancing opportunities for women working part time to work longer hours or engage in full-time employment, if they so wish. It asks the Government to provide information on any assessment made of the impact of such measures, as well as on any obstacles identified for women to work longer hours or full time, in particular as a result of the planned Interdepartmental Policy Study on part-time work. The Committee further asks the Government to provide statistical information on the distribution of men and women in full-time and part-time employment, disaggregated by economic sector and occupation.

Equality of opportunity and treatment of persons of African descent. Referring to its previous comments where it noted that discrimination against people of African descent in the area of access to employment remains a concern and that women of African descent suffer multiple forms of discrimination based on racial or ethnic origin, colour, socio-economic status, gender, religion and other status, the Committee notes the Government’s indication that no specific policy or measures have been developed for people of African descent who benefit from the actions implemented, in the framework of the Action Plan on Labour Market Discrimination, for all people with non-Western migration background. Referring to its observation made on the application of the Convention, the Committee asks the Government to provide information on the impact of the measures taken in the framework of the Action Plan on Labour Market Discrimination with respect to the elimination of discrimination and the promotion of equality of opportunity and treatment in employment and occupation of persons of African descent. It further asks the Government to provide information on any case of discrimination in employment and occupation against persons of African descent dealt with by the competent authorities.

Enforcement. The Committee previously noted that a special labour discrimination team had been established in the labour inspectorate in January 2015 to investigate whether policies are in place for the prevention of discrimination in the workplace. It notes the Government’s indication that, in 2018, this team visited 450 companies and in 70 to 80 per cent of cases requested the company to adopt a policy or to make some adjustments. The Government adds that in most cases, companies followed the recommendations made and an administrative fine was imposed only in one case. As regards the measures to address gaps in the functioning of the Anti-Discrimination Services (ADVs) as a result of the two studies carried out in the framework of the Action Plan on Labour Market Discrimination, the Committee notes the Government’s statement that three possible solutions have been identified, namely to: (1) enhance better cooperation between the ADVs and the local authorities; (2) strengthen the monitoring of the municipalities on whether they meet the requirements provided for under the Law establishing the system of ADVs; and (3) encourage smaller municipalities to formulate an anti-discrimination policy. The Government further indicates that meetings are being held with relevant stakeholders in that regard. The Committee notes, from the statistical information provided by the Government, that in 2018, the ADVs registered 4,320 notifications and the Front Office of the Institute received 3,168 notifications and requests on equal treatment. Furthermore, in 2018, the Institute received 510 requests for opinions on discrimination mainly on the grounds of sex and race and issued 149 opinions in almost half of which it concluded that there was an infringement of the legislation. The Committee notes that, in their additional observations, the FNV and the CNV point out the persistence of discrimination in the labour market. The Committee asks the Government to continue to provide information on the activities of the labour discrimination team of the labour inspectorate, particularly with regard to measures to prevent and address discrimination in the workplace, as well as on the number, nature and outcome of cases of discrimination in employment and occupation dealt with by labour inspectors, the Netherlands Institute for Human Rights, the courts or any other competent authorities. It further asks the Government to provide information on the measures implemented by the Government to improve the functioning of ADVs following the consultations held with different stakeholders.

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

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

The Committee also notes the observations of the Netherlands Trade Union Confederation (FNV), the National Federation of Christian Trade Unions (CNV) and the Trade Union Federation for Professionals (VCP) received on 29 August 2019, as well as the additional observations of the CNV and the FNV received on 24 September 2020, which were also transmitted by the Government.

Articles 2 and 3 of the Convention. National equality policy. The Committee previously noted the various measures implemented in the framework of the Action Plan on Labour Market Discrimination for 2014–2018, in particular in collaboration with social partners, in order to tackle discrimination in employment. It requested the Government to provide information on any evaluation made on the impact of such measures in promoting equality and addressing discrimination on the grounds set out in Article 1(1)(a) of the Convention. The Committee notes the Government’s statement, in its report, that a new Action Plan on Labour Market Discrimination for 2018–2021 is currently being implemented, building on the previous action plan. The Government indicates that: (1) the measures previously referred to are still being implemented, such as the Diversity Charter which has now been signed by 180 public and private companies; and (2) several other measures are ongoing, such as the extension of the supervision carried out by the labour inspectorate to make sure that sufficient safeguards are in place at company level to set-up a discrimination-free recruitment and selection policy. The Committee welcomes this information. Noting the Government’s statement that the results of such measures will be discussed later, the Committee notes with regret the repeated lack of information provided by the Government on the impact of the measures implemented to promote equality and address discrimination in the labour market. It further notes that, in their observations, the FNV, the CNV and the VCP support the extension of the supervision powers of the labour inspectorate which is, in their view, necessary to combat discrimination during job interviews where much of discrimination takes place, but highlight that additional measures are needed to ensure enough capacity for labour inspectors to make sure that the rules are strictly enforced and to monitor complaints on discrimination. The Committee urges the Government to provide information on the impact of the different measures implemented to promote equality of opportunity and treatment and address discrimination in employment and occupation on all the grounds covered by the Convention, in particular in recruitment and selection processes, including in the framework of the Action Plan on Labour Market Discrimination for 2018–2021. Noting that the action plan will end in 2021, it asks the Government to provide information on any new action plan or policy elaborated as a follow-up, in particular in collaboration with the social partners.

Equality of opportunity and treatment irrespective of race, colour or national extraction. Ethnic minorities. The Committee previously noted the high unemployment rates among “non-Western” persons with a migration background (persons of whom both parents were born outside the Netherlands) and the need to address discrimination against certain ethnic groups, particularly those of Moroccan and Turkish origin, with respect to access to the labour market. Referring to its previous comments concerning the generic measures taken by the Government to address discrimination, in particular in the framework of the Action Plan on Labour Discrimination, the Committee notes the Government’s statement that the main goal of the “Further integration into the labour market” programme is to evaluate the effectiveness of the various measures, instruments and policies implemented to address discrimination and improve the labour market position of all non-Western persons with a migration background, including men and women of Moroccan and Turkish origin. The Government adds that the results of the evaluation are expected in 2020–2021. The Committee further notes the Government’s indication that the position of people with a non-Western migration background improved both in education and employment. In that regard, it notes, from the statistical information forwarded by the Government, that their net employment rate increased from 57.5 per cent in 2017 to 60.5 per cent in 2018. The Committee welcomes this information. It however regrets the repeated lack of information provided by the Government on: (1) the specific measures taken to address discrimination on the basis of race, colour and national extraction against non-Western minorities; as well as (2) the assessment of the impact of the measures already implemented. In that regard, it notes that, in their observations, the FNV, the CNV and the VCP highlight the persistent discrimination of people with a non-Western migration background in education and access to employment, referring to cases where temporary work agencies accept discriminative requests from hiring companies that explicitly ask for people that do not have a migration background. The trade unions add that it is complex to assess to which extent such practices exist because of the difficulty of collecting relevant statistical information. The Committee further notes that, in its 2019 concluding observations, the Human Rights Committee expressed specific concerns about the fact that persons belonging to ethnic minority groups continue to face discrimination in the labour market (CCPR/C/NLD/CO/5, 22 August 2019, paragraph 15). It further notes that, in its 2020 report, the United Nations (UN) Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance expressed specific concern about: (1) the unemployment rate of persons with a migration background which remains two and a half times higher than that of other Netherlanders, with individuals considered to be of a second-generation non-Western migration background generally facing an even higher unemployment rate, despite superior educational qualifications; (2) the higher percentage of individuals belonging to ethnic minorities who hold a “marginal” job (defined as jobs requiring a commitment of fewer than 20 hours/week) compared with native Netherlanders; and (3) the less favourable position of ethnic minorities, in particular those of Moroccan and Turkish origin, who are particularly disadvantaged in terms of earnings. The Special Rapporteur highlighted that ethnic minorities face discrimination both during hiring and afterwards, once they are in the workplace, as well as in education. Approximately 30 per cent of second-generation Turkish and Moroccan students dropped out of school in 2016 (A/HRC/44/57/Add.2, 2 July 2020, paragraphs 69 to 75). It further notes that, in its 2019 report, the European Commission against Racism and Intolerance (ECRI) expressed similar concerns highlighting that employment gap of these groups is not narrowing, in part due to discrimination. In that regard, it notes that ECRI recommended that authorities insert indicators and measurable targets to reach for all objectives and measures of the Action Plan against Labour Market Discrimination, while continuing to focus on access to the labour market, ensure that non-discriminatory recruitment procedures are developed and implemented, and extend the competences of the labour inspectorates to the field of recruitment (CRI(2019)19, 4 June 2019, page 10 and paragraphs 74 and 77). The Committee therefore urges the Government to strengthen its efforts to effectively address discrimination and ensure equality of opportunity and treatment in education, employment and occupation for non-Western persons with a migration background, including those of Moroccan and Turkish origin. It asks the Government to provide information on the concrete measures implemented to that end, in particular in the framework of the Action Plan on Labour Discrimination, as well as on any assessment made on their impact, including by providing the results of the evaluation which are expected in 2020–2021. The Committee further asks the Government to provide information on any cases of discrimination against non-Western persons with a migration background dealt with by labour inspectors, the Netherlands Institute for Human Rights or the courts, as well as the sanctions imposed and remedies provided.

Migrant workers. The Committee notes that, in their additional observations, the FNV and the CNV express deep concern about the high number of migrant workers in agriculture, food, transport and other sectors who are particularly exposed to unsafe working conditions as a result of the COVID-19 pandemic, as they often live and work together. The trade unions further highlight that health and safety measures for migrant workers on worksites, in housing facilities or in transportation to or from work are not enforced, as they work and live without being able to respect social distancing, without hygiene precautions, and are pressed to work even with COVID-19 symptoms. This resulted in a large number of workers being infected. Furthermore, even if there is sufficient equipment, which is generally not the case, migrant workers often do not have the time to wash hands and keep materials and machines clean as a result of their workload. Referring to its 2019 direct request on the Migration for Employment Convention (Revised), 1949 (No. 97), the Committee further notes that, in its 2019 concluding observations, the UN Human Rights Committee expressed concerns at the growing number of migrant workers, particularly from Poland and Hungary, who are coerced by employment agencies to work under exploitative conditions (CCPR/C/NLD/CO/5, 22 August 2019, paragraph 26). The Committee urges the Government to take proactive measures to promote equality of opportunity and treatment for migrant men and women in employment and occupation, in particular by combating exploitation of migrant workers and ensuring safe working conditions. It asks the Government to provide information on any measures and programmes implemented to that end, in particular in order to strengthen labour inspections in sectors employing a large number of migrants, as well as on their impact. Finally, the Committee asks the Government to provide information on the number and nature of cases of discrimination against migrant workers detected by or reported to labour inspectors, the Netherlands Institute for Human Rights or the courts, as well as the sanctions imposed and remedies provided.

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.

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

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

The Committee notes the observations on the Government’s report by the Netherlands Trade Union Confederation (FNV) and the National Federation of Christian Trade Unions (CNV), received on 31 August 2016. It also notes the observations by the FNV attached to the Government’s report.

Article 1(1)(a) of the Convention. Discrimination based on social origin. The Committee recalls that under the Convention measures must be taken to address at least all the grounds listed in Article 1(1)(a) of the Convention, including social origin. The Committee notes the Government’s indication that neither the Netherlands Institute of Human Rights (hereafter the Institute) nor the courts have made a decision on the basis of this ground. The FNV and the CNV, however, observe that, while the grounds of race, identity and social origin are closely connected and prejudices are common, in criminal cases regarding discrimination it is frequently claimed that this interconnection is not apparent. Recalling that Article 1 of the Constitution prohibits discrimination on the basis of “any grounds whatsoever”, the FNV and the CNV stress the urgency of including “social origin” in the list of prohibited grounds in equal treatment legislation and urge the Government to work with the Institute on this issue. The Committee notes that no steps have yet been taken to carry out a study on direct and indirect discrimination on the basis of social origin, including in connection with other grounds, as it previously suggested. The Committee urges the Government to work with the Institute and the social partners to study the extent of direct and indirect discrimination in employment and occupation on the basis of social origin and to include the ground of social origin in the equal treatment legislation, and to report on the progress made in this regard. The Committee asks the Government to continue providing information on cases, if any, brought before the Institute or the courts regarding discrimination based on social origin, including in connection with other grounds, or judicial or administrative decisions interpreting Article 1 of the Constitution to include discrimination based on social origin.

Discrimination based on sex. Sexual harassment. The Committee recalls its previous comments in which it noted that sections 1(3)(e) and 3(2) of the Labour Conditions Act only refer to sexual harassment in the context of the definition of “psychological burden” and the obligation of the employer to adopt a policy in this regard. The Committee notes the information provided by the Government on the measures taken to monitor sexual harassment, including a self-inspection tool for employers developed by the labour inspectorate; a campaign against harassment, including sexual harassment; and a website providing information on how to recognize and address sexual harassment in the workplace. The Government also refers to specialized training for labour inspectors on labour exploitation and inspection programmes in the agricultural and green sector, and the cleaning and intermediaries sectors, paying special attention to recognizing sexual harassment in this context. While welcoming these initiatives, the Committee notes that this information fails to indicate how the different monitoring and awareness-raising activities specifically address both hostile environment and quid pro quo sexual harassment in the private and public sectors, and it asks the Government to provide detailed information in this regard. The Government is asked to include specific information on the outcome of the inspection activities in the agricultural and green sector, and the cleaning and intermediaries sectors with respect to sexual harassment.

Article 1(2). Inherent requirements of the job. The Committee previously asked the Government to provide information on the practical application of section 5(2)(a) and (b) of the Equal Treatment Act (which allows religious or ideology-based institutions and institutions founded on political principles to be exempted from the non-discrimination principle). The Committee notes that the Law of 4 July 2014 amending the Civil Code and the Equal Treatment Act inserted a new subsection (2)(a) in section 5 of the Equal Treatment Act, pursuant to which local governments are permitted to refuse to appoint civil registrars on the basis of religion or conviction where the registrars themselves treat differently certain groups based on prohibited grounds, for example where a registrar refuses to conduct a same-sex marriage on religious grounds. The Government explains that the purpose of this amendment is to ensure that officials of the Civil Registry fully implement the law and do not discriminate in the performance of their duties by refusing to fulfil certain kinds of ceremonies that are allowed under national law. With regard to measures to ensure that under the Equal Treatment Act exceptions to the application of the prohibition of discrimination do not lead to discrimination based on religion or sexual orientation in practice, the Government indicates that section 5(2) of the Equal Treatment Act was amended by the Law of 21 May 2015 and now requires that the organization or institution has to demonstrate that any occupational requirement is genuine, legitimate and justified, having regard to the organization’s ethos. This requirement may not lead to discrimination on any other ground referred to in section 1 of the Equal Treatment Act and must be proportional taking into account the presumed good faith and loyalty to the principles of the organization or institution. The Committee asks the Government to provide information on the practical application of sections 5(2)(a) and 5(2) of the Equal Treatment Act, including any decisions by the Institute or the courts demonstrating that distinctions based on the inherent requirements of the job related to religion, conviction or political opinion are interpreted restrictively within the meaning of Article 1(2) of the Convention, and do not lead to discrimination based on religion, political opinion or sexual orientation in practice.

Article 2. Equality of opportunity and treatment for men and women. The Committee notes the information provided by the Government on the measures taken to improve employment opportunities for working parents, including: (i) fiscal incentives aimed at investing in affordable childcare; (ii) measures to improve the quality of childcare facilities; (iii) amendments to the Work and Care Act, 2015, to make leave more flexible, remove administrative impediments and broaden the scope of leave arrangements; and (iv) the entry into force in 2016 of the Act on Flexible Work, which grants employees the right to change their total working hours or working time, or to request a change of workplace. The Government further provides statistics which indicate that a lower employment rate of mothers with young children (75.9 per cent compared to 93 per cent of fathers), especially of single mothers (59.5 per cent compared to 75.5 per cent of single fathers). The Committee further notes that, according to the most recent Emancipation Monitor 2016, published by the Netherlands Institute for Social Research, the share of women with a secondary senior vocational, university or applied sciences or university qualification who are in full-time employment is lower than that of men, and that almost three quarters of working women have a part-time job. Nearly six out of ten women working part time give household and caring responsibilities as the most important reasons for not working longer hours. With respect to measures to assist workers with family responsibilities, the Committee refers to its comments on the Workers with Family Responsibilities Convention, 1981 (No. 156). The Emancipation Monitor further indicates that, while gender segregation is decreasing, in 2015 almost half of working women were employed in the civil service or the care sector (compared to only 17 per cent of working men), and that only 3 per cent of all working women are employed as managers (compared to 8 per cent of working men). Part of this difference appears to be due to part-time work and fewer management roles in sectors where many women are employed. The Committee notes the Monitor’s assessment that progress has been slower than initially expected, which may be due to the impact of two economic crises, but also to prevailing stereotypical views of the roles of men and women, leading to stereotyping and assumptions about women’s ambitions and qualities; part-time work is still very much embedded in many institutions (for example, school hours, maternity leave and the expectation of formal childcare provision, etc.). The Committee asks the Government to identify the specific steps taken to address prevailing stereotypes of the roles of men and women in the family and the labour market which can lead to stereotyping and assumptions about women’s ambitions and preferences with respect to full-time and part-time work. The Committee also asks the Government to evaluate whether the steps taken to improve the opportunities for women working part time to work longer hours or engage in full-time employment, if they so wish, are achieving their aims, and to report on the progress made. The Committee further asks the Government to identify the specific steps taken to increase women’s representation in management positions, including in a wider variety of sectors and occupations, and to provide relevant statistics, disaggregated by sex and employment type.

Equality of opportunity and treatment of persons of African descent. The Committee notes the report of the Working Group of Experts on People of African Descent on its mission to the Netherlands (26 June–4 July 2014) which indicates that poverty is the main challenge faced by people of African descent in the Netherlands, compounded by wage gaps, high unemployment, lack of political participation and the lack of effective national institutions to address the situation. Discrimination against people of African descent in the area of access to employment remains a concern and women of African descent suffer compounded discrimination based on racial or ethnic origin, skin colour, socio-economic status, gender, religion and other status. The Working Group also noted the very low percentage of people of African descent among public employees, in particular in senior positions (A/HRC/30/56/Add.1, 20 July 2015, paragraphs 30, 53, 56–58, 60 and 80). The Committee asks the Government to identify the specific measures taken or envisaged, including under the Action Plan on Labour Market Discrimination, to eliminate discrimination against men and women of African descent and to promote their equality of opportunity and treatment in employment and occupation, including through positive measures addressing their specific needs, particularly with respect to access to employment and wages.

Enforcement. The Committee notes that a special labour discrimination team was established in the labour inspectorate in January 2015 to investigate whether policies are in place on the prevention of discrimination in the workplace and to require employers to draw up such a policy, where there is none. Risk areas and indications of possible discrimination identified by the Institute and the Anti Discrimination Services (ADVs) are taken into account in the selection of workplaces for investigation. The Government reports that in 2015 the team visited 80 companies and that 200 company visits were planned for 2016. The Government adds that in 80 to 90 per cent of the visits the inspection team imposed a “requirement to comply” on companies not meeting the statutory duty to implement an anti-discrimination policy. In the case of inadequate improvement after re-inspection, an administrative fine can be imposed. The Committee notes that, during the period 2013–16, the labour inspectorate received 66 complaints or reports of discrimination in the workplace (an average of 16 a year). Regarding measures to address gaps in the functioning of the ADVs, the Government indicates that in its advice of 2014 the Social and Economic Council stressed the importance of victims of discrimination being able to report to the ADVs, the Institute or the police, because this could result in greater insight into the nature and extent of discrimination and allow it to be tackled effectively. The Government reports that under the Action Plan on Labour Market Discrimination a working group has been established to draw up quality guidelines for the ADVs, which has resulted in further studies on the possibility of strengthening their performance (Action J). A “guideline on discrimination” to increase public willingness to report on discrimination has also been developed and published on the dedicated website for questions, advice and complaints regarding discrimination (Action O). The Committee welcomes these measures and asks the Government to provide information on the outcome of the activities of the labour discrimination team in the labour inspectorate, including the number of companies that have adopted a workplace policy or taken remedial action after having received a “requirement to comply”, or which have been fined for non compliance. The Committee also asks the Government to provide the results of the studies on strengthening the performance of ADVs (Action J), and any follow-up action taken, as well as information on the number and nature of the complaints submitted to the ADVs, the Institute or the courts regarding non compliance with the legislative provisions on equality and non-discrimination.

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

The Committee notes the observations by the Netherlands Trade Union Confederation (FNV) and the National Federation of Christian Trade Unions (CNV) received on 31 August 2016.

Articles 2 and 3 of the Convention. National equality policy. The Committee notes the Action Plan on Labour Market Discrimination in 2014, which was adopted following the advice provided by the Social and Economic Council “Discrimination doesn’t work!” (published in 2014). The Plan, which was updated in 2016, emphasizes the collective responsibility of government, workers’ and employers’ organizations, and other social actors, in addressing labour market discrimination. It includes generic measures to combat discrimination in five tracks (enforcement; reporting; knowledge and awareness; diversity policy; and research), and additional measures targeting specific groups. The Committee notes the information provided by the Government on various measures taken to implement the Action Plan on Labour Market Discrimination, including: the Diversity Charter launched by the Labour Foundation in July 2015 to support employers and workers in the public and private sectors, and signed by more than 65 public and private companies; the labour anti-discrimination campaign in 2016 which focused on selection and recruitment, and which included a toolkit for employers; a Guide to improve public willingness to report on discrimination; the anti-discrimination team within the labour inspectorate; and a model agreement for hiring flexible labour, which includes a termination clause where a company receives a criminal conviction for employment-related discrimination. The Committee notes that while acknowledging that the Government has worked closely with the social partners to develop and support programmes to tackle discrimination in the labour market, the FNV and the CNV emphasize the need to demonstrate that the measures adopted meet their objective. Noting that progress reports on the implementation of the Action Plan on Labour Discrimination are being presented to Parliament at regular intervals, the Committee trusts that such reporting includes an evaluation as to whether the measures taken have produced effective results in achieving both formal and substantive equality in employment and occupation and in eliminating discrimination on the grounds listed in the Convention, and asks the Government to provide information in this regard.

Equality of opportunity and treatment of ethnic minorities in employment and occupation. The Committee recalls its previous comments in which it noted the high unemployment rates among “non-Western” persons with a migration background (persons of whom both parents were born outside the Netherlands) and the need to address discrimination against certain ethnic groups, particularly those of Moroccan and Turkish origin, with respect to access to the labour market. Measures were needed to address the unexplained difference in the unemployment rates between non-Western minorities and native Dutch, to set specific targets in the context of specific programmes aimed at eliminating discrimination on the basis of race, colour and national extraction, and to assess the effectiveness of these programmes. The Committee notes from the Annual Report on Integration 2016 (Statistics Netherlands) that one in three employed persons with a non-Western background work under flexible contracts compared to one in five native Dutch workers. While the unemployment rate among non-Western persons with a migration background, especially among Turkish and Moroccan women, declined in 2016 to 13.2 per cent (down from 16.5 per cent in 2014), it is higher among second generation migrants. Youth unemployment among persons with a non-Western background is particularly high (22 per cent compared to 9 per cent for native Dutch youngsters). Among the more highly educated with a non-Western background, unemployment rates are two or three times higher than educated native Dutch people. The Government has further provided data showing that non-Western persons with a migration background represented only 5 per cent of the employees in the public sector in 2015 (as compared to 8.5 per cent Western persons with a migration background and 86.5 per cent native Dutch). The Committee notes the observations by FNV and CNV that young persons of non-Dutch background, in particular of Moroccan, Turkish and Caribbean origin, still have difficulties in entering the labour market, and that discrimination in recruitment against people with a non-Dutch sounding last name continues to be a concern. In this regard, the Committee notes from the Government’s report and information published by the Netherlands Institute for Human Rights (the Institute, hereafter) the relatively high number of cases received by equality and human rights bodies concerned with discrimination based on race (which includes colour, and national and ethnic origin). In 2015, 43 per cent of the complaints received by the Anti-Discrimination Services (ADVs) concerned racial discrimination, and decisions by the Institute relating to such discrimination increased from 10 per cent in 2014 to 23 per cent in 2016.

With regard to specific measures taken to address discrimination against persons with a non-Western background, the Government indicates that the Action Plan on Labour Discrimination contains various measures that focus on specific groups, including non-Western migrants. Generic measures include the launching of the Diversity Charter, the anti-discrimination campaign and the improvement of reporting and registration of incidences of discrimination to the (ADVs) and the Institute. In addition, the “Inclusive Government” Programme aims to promote inclusive organizations particularly in the areas of youth, employment, education, health care, welfare and the judiciary. The Government further reports that addressing discrimination is an integral part of the strategy on youth unemployment that has a specific focus on persons with low qualifications or with a non-Western background. Policies will concentrate on career orientation, cooperation and the active involvement of employers, and 75 employers have signed a “work agreement” to this end. Regarding diversity policies in the public sector, the Government refers to the relevance of the “Inclusive Government” programme, the Diversity Charter, and research on, and the sharing of, good practices on cultural diversity. While welcoming the ongoing efforts taken by the Government to address discrimination in the labour market, the Committee notes the observations by FNV and CNV that the impact of the measures adopted remains unclear and that the Government should monitor whether targets are reached in practice. While welcoming the information provided by the Government on the measures adopted in the context of a generic approach towards discrimination, the Committee notes the scant information in the Government’s report on any specific measures taken to address discrimination on the basis of race, colour and national extraction against non-Western minorities, or on whether measures to promote their equality of opportunity and treatment in the labour market in practice have reached the expected results. In these circumstances and noting the rise in cases of racial discrimination reported to the Institute and the ADVs and the observations communicated by the FNV and the CNV, the Committee asks the Government to evaluate the effectiveness of the programmes to eliminate discrimination and promote equal opportunity in training, skill development and employment of ethnic minorities, in particular of non-Western persons with a migration background, and to provide detailed information in this regard. The Committee also asks the Government to continue to assess the root causes of systemic and structural discrimination against minority groups, and to report on the measures taken and the results achieved to address the unexplained difference in employment between native Dutch and non-Western minorities, in particular men and women of Moroccan and Turkish origin.

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

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

The Committee notes the communication of the Netherlands Trade Union Confederation (FNV), dated 20 August 2013.

Article 1 of the Convention. Discrimination based on social origin. The Committee notes that the Government reiterates that social origin is covered by article 1 of the Constitution prohibiting discrimination based “on any grounds whatsoever”. The Government also states that the Equal Treatment Commission – the mandate and functions of which have been incorporated in the Netherlands Institute for Human Rights (CRM) established by Law of 6 December 2011 – is competent to handle all cases of direct and indirect discrimination based on any of the grounds mentioned in article 1 of the Constitution. Recalling that under the Convention, measures must be taken to address at least all the grounds listed in Article 1(1)(a) of the Convention, the Committee asks the Government to undertake a study on direct and indirect discrimination that occurs on the basis of social origin in employment and occupation, including in connection with other grounds, and to provide detailed information on the outcome thereof. Please provide information on the decisions of the CRM and the courts specifically addressing direct and indirect discrimination in employment and occupation on the basis of social origin in the context of article 1 of the Constitution.

Sexual harassment. The Committee recalls that the Labour Conditions Act refers only to sexual harassment in the context of the definition of “psychological burden” and the obligation of the employer to adopt a policy in this regard (section 1(3)(e)) and section 3(2)). It notes that the Government provides information on the programme on “Aggression and violence” carried out from 2009 to 2012 to ensure compliance with the legislation, which contributed to the implementation of a policy on aggression and violence in a great number of sectors, organizations and enterprises. However, the information does not specify whether this also included specific inspection activities to monitor sexual harassment in the workplace. The Committee asks the Government to ensure that monitoring activities adequately address both quid pro quo and hostile environment sexual harassment in the private and public sectors, and to provide the results of inspection activities in this regard. Please continue to provide information on any measures taken or envisaged to raise awareness on sexual harassment among employers and workers, and their organizations.

Article 1(2). Inherent requirements of the job. The Committee notes that section 5(2)(a) to (c) of the Equal Treatment Act allows institutions founded on religious, ideological or political principles, as well as private educational establishments, to impose requirements which, having regard to the purpose of the institution, are necessary for the fulfilment of the duty attached to the post, provided that such requirements do not lead to discrimination on the sole grounds of political opinion, race, sex, nationality, heterosexual or homosexual orientation or civil status. The Committee notes the Government’s statement that “new officers of civil status who are conscientious objectors would not be appointed.” The Committee recalls that FVN had previously expressed concern that lesbian, gay, bisexual and transgender workers in these institutions would continue to be vulnerable to discriminatory treatment under section 5(2)(a). The Committee asks the Government to clarify the reasons for excluding new officers of civil status who are conscientious objectors from being appointed, and to provide information on the practical application of section 5(2)(b) of the Equal Treatment Act in this regard. The Committee also asks the Government to take the necessary measures to ensure that under the Equal Treatment Act, exceptions to the application of the prohibition of discrimination for religion- or philosophy-based institutions under section 5(2)(a) do not lead to direct or indirect discrimination based on religion or sexual orientation, in practice, and to provide information on any cases addressed by the CRM involving section 5(2)(a) to (c).

Equality between men and women. The Committee recalls the differences in the employment rates of men and women and the national context in which the overall majority of male workers continue to work full time while female workers usually work part time (84 per cent of the male workers are employed more than 35 hours a week compared to 29 per cent of women). The Committee notes the reply of the Government that the participation rate of female workers is among the highest in Europe while at the same time a large proportion of this group work only part time. The Government nonetheless considers that the trend is positive and younger generations of female workers tend to work more hours, also after children are born. The Committee notes that the FNV disagrees with the Government’s analysis and considers that the substantial reduction in government subsidies for childcare has greatly increased the costs of formal childcare facilities for many parents. According to the FNV, the Government’s investment in full day-care arrangements for children is lagging behind, the increase in the participation of women in the labour market and the number of working hours of women working part time stagnating and the number of working hours for single parents decreasing. The Committee asks the Government to indicate the measures taken or envisaged to improve the opportunities for both parents, and in particular women, to engage in full-time employment, including by investing in affordable full day-care arrangements. Please continue to provide up-to-date statistics disaggregated by sex and origin on full-time and part-time employment of men and women, including their distribution in the various economic sectors and occupations, including higher level posts, in the public and private sectors.

Enforcement. The Committee notes that 54 per cent of the complaints received by the Equal Treatment Commission in 2011 related to employment and that 16 per cent concerned gender, while race, religion and nationality accounted, respectively, for 13 per cent, 7 per cent and 4 per cent. It further notes that in 2011 Anti-Discrimination Services (ADVs) received a high number of discrimination reports with race being the most commonly reported reason for discrimination (45.7 per cent) in almost all the records of provincial ADVs. The Government further indicates that in the case of a complaint the labour inspection service will investigate if there is a policy to prevent and combat discrimination as required by sections 1(3)(e) and 3(2) of the Labour Conditions Act, and may impose an administrative fine. According to the Government, all municipalities have met the obligations to grant citizens access to ADVs, and the results of the evaluation of the Municipal Anti-discrimination Provisions Act, undertaken in 2012, pointed to the absence of knowledge and expertise in municipalities; the lack of willingness to report discrimination of citizens resulting in under-representation of complaints and numbers on discrimination in general; the high costs for municipalities; and the inefficient coordination of the registration of complaints. The Committee asks the Government to provide information on the measures taken, and results achieved, to address the gaps identified by the evaluation of the ADVs, and any recommendations made by the SER to improve cooperation between ADVs and social partners in addressing discrimination in the workplace. Please continue to provide information on the number and nature of complaints regarding discrimination received by the ADVs, the CRM and the courts, as well as on activities of the labour inspection services to monitor compliance by employers with section 3(2) of the Labour Conditions Act, particularly with regard to measures to prevent and reduce discrimination in the workplace.

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

Articles 2 and 3. National policy to promote equality of opportunity and treatment of ethnic minorities. The Committee notes the statistics provided by the Government on the active population in 2011 according to economic activity, level of education, sex and origin, and recalls its previous observation in which it noted the precarious labour force participation of “non-Western” minorities, particularly workers of Turkish and Moroccan origin. It also recalls that uncertainty remained about the actual impact of the various measures taken to address discrimination against them and achieve genuine equality in employment and occupation. The Committee notes the Government’s indication that during the period 2007–10 the unemployment rates of ethnic minorities were 2.8 per cent higher than for native Dutch and are increasing under the influence of the economic recession. Particularly immigrants of Moroccan and Antillean origin continue to be over-represented among the unemployed and differences exist not only between but also within ethnic groups, particularly between men and women of Turkish origin. According to the Government part of the unemployment rate can be explained by the lower educational levels of immigrants compared to native Dutch and when differences are assessed with respect to educational level, age, employment history, job experience, gender, household composition and degree of urbanization, only 16 per cent of the difference remains unexplained. On the other hand, for Moroccans the variables explained only just over half of the differences (The Netherlands Institute for Social Research (2012), Annual Integration Report 2011). Research findings also suggest that discrimination is primarily related to access to the labour market and that discriminatory differences in earnings and level of occupation are virtually absent for those already in employment. In this connection, the Committee recalls the target of a 50 per cent increase in the proportion of people of ethnic minorities employed in the public sector and notes the Government’s statement that additional support for diversity policies in the public sector, and to private sector employers, has ended. The Government indicates that it is the task of the social partners to make arrangements about working conditions within the existing legal framework and that the Social Economic Council (SER) has been asked to provide advice on labour market discrimination by the end of 2013; no further action will be taken by the Government until the advice is published. In light of the above, the Committee asks the Government to provide detailed information on the SER advice on labour market discrimination, which it hopes will include an evaluation of the various projects and programmes undertaken to eliminate discrimination in employment and occupation against certain ethnic minority groups, in particular workers of Moroccan and Turkish origin, and to promote their equality of opportunity and treatment in the labour market. In this connection, the Committee also asks the Government to indicate all the measures taken to address unexplained differences in employment between native Dutch and “non-Western” minorities, and to set specific targets in the context of projects and programmes aimed at eliminating discrimination on the basis of race, colour and national extraction, and to measure the effectiveness of these programmes. Please indicate the reasons for ending support to diversity policies in the public sector and provide statistical data on the actual employment of ethnic minorities in the public sector as compared to 2008 (when the latest data were provided), as well as in the private sector.

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

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

The Committee notes the communication of the Netherlands Trade Union Federation (FNV).

Legislative developments. The Committee notes that pursuant to section 3(2) of the Labour Conditions Act, amended in 2009, employers should adopt a policy to prevent or reduce psychosocial burden in the workplace. Section 1(2)(e) of the Act defines psychosocial burden as covering direct and indirect discrimination, including sexual harassment, aggression and violence, mobbing and work stress. The Committee asks the Government to provide information on the practical application of sections 1(2)(e) and 3(2) of the Labour Conditions Act, particularly with regard to measures by employers to prevent and reduce discrimination in the workplace.

Sexual harassment. The Committee notes that the Ministry of Social Affairs and Employment is running a three-year programme (2010–12) for monitoring undesirable conduct and discrimination in nineteen sectors with public responsibilities but that no complaints about sexual harassment have been received. The Government also indicates that a National Working Conditions Survey is held every two years, covering also harassment and discrimination. The survey results indicate that unwanted sexual attention on the part of managers had occurred for 1.8 per cent of the 22,025 respondents and was four times more common in the hospitality sector than in construction. On the other hand, unwanted sexual attention had occurred on the part of customers for 4.8 per cent of the respondents with the highest scores in healthcare and welfare sectors. Harassment had occurred on the part of managers and colleagues for 10.7 per cent of the respondents while harassment on the part of customers had occurred for 18.9 per cent of the respondents. The healthcare and welfare sectors and public administrators scored highly. The Committee notes that FNV, referring to section 3(2) of the Labour Conditions Act, requests the Government to monitor closely the effect of the Labour Conditions Act on sexual harassment and to consider amending the legislation to reinsert a definition of sexual harassment. The Committee asks the Government to ensure that monitoring activities adequately cover sexual harassment in the private and public sectors and to continue to provide information on the results achieved of the three year programme (2010–12) and the National Working Conditions Survey with respect to sexual harassment in employment and occupation. Please also indicate whether any consideration is being given to reinsert a definition of sexual harassment in the Labour Conditions Act and provide information on measures taken or envisaged, and the results achieved, to raise awareness on sexual harassment among employers and managers.

Discrimination based on sexual orientation. The Committee notes the Government’s statement that the legislative proposal to amend the Equal Treatment Act with a view to bringing it in line with the European Council Directives would be submitted to the House of Representatives in late 2010, and that the exception regarding religion and philosophical institutions, including schools, in section 5(2)(1) will be maintained but more closely aligned to the European Equal Treatment Directive. The Committee notes that FNV is against maintaining section 5(2)(a) of the Act which provides that the prohibition of discrimination does not affect the freedom of religion and philosophical institutions, including schools, to impose specific requirements for the exercise of a specific function, provided that these requirements do not lead to discrimination based solely on political opinion, race, sex, nationality, sexual orientation or civil status. FNV considers that lesbian, gay, bisexual and transgender (LGBT) workers in these institutions will continue to be vulnerable to discriminatory treatment and states that the right to be protected from discrimination should also apply to LGBT workers. The Committee draws the Government’s attention to the need to ensure that any distinctions based on the inherent requirements of the job within the meaning of Article 1(2) of the Convention should be interpreted restrictively, and asks the Government to take the necessary measures to ensure that under the new equal treatment legislation exceptions to the application of the prohibition of discrimination for religion or philosophy-based institutions will not lead to direct or indirect discrimination based on sexual orientation, in law or in practice.

Equality between men and women. The Committee notes that statistics for the year 2009 concerning all workers (native workers, western minorities and non-western minorities) indicate an employment rate for women of 59.7 per cent compared to 74.7 per cent for men. Around 9 per cent of women are self employed (compared to 15.8 per cent for men), and more women (8.6 per cent) than men (6.2 per cent) are in flexible employment. The Committee also notes that the overall majority of male workers continue to work full time while female workers usually work part-time (84 per cent of the male workers are employed more than 35 hours a week compared to only 29 per cent of women). Native Dutch women have less full time employment than women from western and non-western minorities. Regarding part-time work, 53 per cent of female workers compared to 13 per cent of male workers are employed between 20 to 34 hours a week, while 19 per cent of female workers are employed 12 to 19 hours a week (compared to only 3 per cent of the male workers). While the share of full-time working non-western men is 6 per cent lower than for native men (79 per cent against 85 per cent) the share of full-time working non-western women, particularly Surinamese women, is 10 per cent higher than for native women (38 per cent against 28 per cent). The Committee asks the Government to indicate the underlying factors for the persistent high proportion of female part time workers, especially native Dutch women and the higher share of full-time working non-western women. Please also continue to provide statistical data disaggregated by sex and origin on the employment of men and women, including data on the distribution of men and women in the various sectors of the economy and occupations, including higher level posts, in the public and private sectors.

Diversity policies. The Committee notes the Government’s statement that the National Diversity Management Framework (Div) provides practical support to employers introducing diversity management and the Government has taken an exemplary role in setting a target of 50 per cent increase in the proportion of people from ethnic minorities working in the public sector in four years’ time. However, while the share of immigrants employed in the public sector rose slightly in 2007 and 2008, developments have been mixed and additional measures have been taken. The Committee asks the Government to provide information on the results achieved regarding the target of a 50 per cent increase in the proportion of people from ethnic minorities employed in the public sector, and to provide statistical data on their actual employment in the public sector compared to 2008. Please also provide information on the support given on diversity policies to private sector employers.

Enforcement. The Committee notes that most complaints received in 2008 by the Equal Treatment Commission concerned age (25 per cent) followed by race (17 per cent), gender (13 per cent), handicap/chronic illness (12 per cent), religion (8 per cent), and nationality (6 per cent). The majority of the complaints (58 per cent) concerned employment followed by supply and access to goods and services (22.5 per cent). The Committee also notes the adoption of the Act of 25 June 2009 on municipal anti-discrimination services (ADVs) decentralizing the anti discrimination services, including their funding, and requires all local authorities to grant access to these services to all citizens. ADVs should provide independent assistance to persons who submit complaints regarding discrimination under the equal treatment legislation and register these complaints. The Committee notes that FNV states in this regard that a clear source of financing of ADVs depends on the decisions and the political composition of the local government, and that absence of a legislative provision linking ADVs to the social partners results in the lack of a concrete approach to addressing discrimination in the workplace. The Committee asks the Government to provide information on the services provided by the various ADVs regarding complaints of discrimination, and to indicate any obstacles encountered by these services in carrying out their tasks, and any positive results achieved as to the effective enforcement of the equal treatment legislation. The Government is also requested to provide information on any steps taken to encourage cooperation between ADVs and social partners in addressing discrimination in the workplace. Please continue to provide information on the number and nature of complaints regarding discrimination received by the ADVs, the ETC and the courts, and any follow up given.

Non-discrimination and integration of migrant workers. The Committee previously requested information on the measures taken to monitor the application of the Civic Integration (Abroad) Act, 2006 and the Civic Integration Act 2006 and to ensure that the requirement of the integration certification was not leading to discriminatory treatment and stigmatization by employers and the population based on any of the grounds set out in the Convention. The Committee notes the Government’s indication that the impact of civic integration on employment is not being monitored but that efforts are being made to ensure that, by the end of 2010, as many civic integration programmes as possible are available in combination with programmes aimed at participation in the labour market (dual trajectory). The objective is that 80 per cent of the civic integration programmes will be part of the dual trajectory. The Committee asks the Government to provide information on the results achieved regarding the objective of having 80 per cent civic integration programmes as part of the dual trajectory and their impact on the employment situation of ethnic minorities, particularly newcomers and persons residing in the country for a long time, originating from outside the European Union, the European Economic Area and Switzerland.

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

The Committee notes the communication of the Netherlands Trade Union Federation (FNV).

Discrimination based on social origin. The Committee recalls that social origin does not figure among the prohibited grounds of discrimination set out in the Equal Treatment Act and that the Government considers that this ground is covered by article 1 of the Constitution prohibiting discrimination “on any grounds whatsoever”. The Government also indicated previously that discrimination based on social origin was sufficiently covered by indirect discrimination based on other grounds such as race, nationality, religion or personal convictions, gender or civil status, covered by the Equal Treatment Act. The Committee also noted, however, that an explicit inclusion of social origin in the equal treatment legislation would lighten the burden of proof for persons alleging direct discrimination on the basis of social origin. The Committee notes the Government’s statement that since the Netherlands is a party to Protocol No. 12 of the European Convention on Human Rights and the International Covenant on Civil and Political Rights, the express prohibition of discrimination based on social origin contained in these instruments has been incorporated into Dutch law, thereby removing the need for its explicit inclusion in the Equal Treatment Act. The Committee asks the Government to examine the prevalence of direct and indirect discrimination based on social origin in employment and occupation, including whether effective complaints mechanisms and legal remedies exist to address it and to provide specific information in this regard. Please also indicate whether the Equal Treatment Commission (ETC) is competent to handle cases of direct and indirect discrimination based on social origin in employment and occupation and, if so, provide information on any cases handled by the ETC and the courts addressing discrimination based on this ground.

Equality of opportunity and treatment (ethnic minorities). The Committee previously noted that the Government was undertaking a number of projects and initiatives aimed at removing impediments faced by “non-Western minorities” in the labour market but that, despite positive trends, the labour force participation of non-Western minorities continued to be precarious and that discrimination inhibited their access to the labour market and their ability to secure permanent employment. In this context, the FNV had indicated that clear government policies and measures to eliminate discrimination were lacking and had requested data on the quality and sectors of employment with a view to assessing the effectiveness of the measures taken.

The Committee welcomes the detailed statistics provided by the Government on the quality and level of employment of non-Western minorities and native Dutch in 2009. It notes that according to the data the unemployment rate of non Western minorities continued to be 7 per cent higher than that of native persons, and for men and women belonging to non-Western minorities, the gap with male and female native persons was 7.8 and 6.1 per cent respectively, with Moroccan men and Turkish women having the highest unemployment gap. The employment rate of non-Western minorities was 14.4 per cent lower than native persons (54.7 per cent against 69.1 per cent) and their share in flexible jobs was 7.4 per cent higher than for native persons. The number of Turks and Antilleans/Arubans working in flexible jobs was particularly high (16.8 and 17 per cent respectively) with almost 22 per cent of the employed Turkish women working in a flexible job (against 8 per cent of the employed native women). The share of non-Western minorities working on an elementary or lower occupational level was 47 per cent compared to 28 per cent for native workers, with the highest gap for Turkish and Moroccan workers (55 per cent) and lowest for Surinamese workers (38 per cent). The Committee notes that the share of non-Western minorities aged 15–64 years with an educational level not higher than the International Standard Classification of Education (ISCED) level 2 was 49 per cent compared to 30 per cent for native Dutch. About 60 per cent of the Turks and Moroccans had an educational level not higher than ISCED level 2. Turkish and Moroccan women had the highest education gap. With regard to sectors of economic activity, almost 20 per cent of the workers of non-Western origin are in the hotel and catering industry – with an over-representation of “other non Western minorities”, whereas Moroccans and Turks are over-represented respectively in the business sector (temporary employment agencies) and manufacturing, except construction.

The Committee notes the Government’s statement that some of the obstacles faced by non-Western minorities are directly related to their origin including discrimination and a below average command of the national language. The Government also states that the employment gap between non-Western minorities and native Dutch grew in 2009 and that factors behind the unemployment of people from ethnic minorities include poorer educational qualifications, inadequate knowledge of the language, traditional male–female roles and demographics (many young people have flexible employment contracts). The Committee notes that the Government continues to take various initiatives targeting young people and women from ethnic minorities, as well as refugees. It notes the employment plans for vulnerable young people in large cities, the creation of promotional teams to improve the image of young persons among employers and the Youth Unemployment Action Plan set up in 2009 to lessen the effects of the economic crisis, and which includes explicit activities for young people from ethnic minorities. With regard to ethnic minority women, the Committee notes the initiatives involving local authorities to improve employment participation of women belonging to ethnic minorities, including the “1001 Kracht” (1001 Power) approach designed to encourage women in this group to participate more actively in society and the labour market through voluntary work, the pilot schemes to encourage women from ethnic minorities to move from voluntary work to work, and a Guide based on these initiatives developed in 2008, as the basis of training courses with and for 23 local authorities. The Government also provides information on the projects aimed at assisting refugees in finding employment (Refugees job offensive and securing jobs offensive (2010–11)) and the “status-holders project”. The Committee notes that the FNV, while acknowledging the measures taken during the period 2008–10 to increase the employment of young people from ethnic minorities, considers that specific targets are often lacking as well as instruments to measure the effectiveness of the programmes.

The Committee asks the Government to provide detailed information, including statistics disaggregated by sex, on the results achieved of the various measures to improve the employment situation of non-Western minorities, and in particular workers of Turkish and Moroccan origin, and to address the underlying causes of the high unemployment rates of these groups. Please also indicate any measures taken or envisaged to seek cooperation with the social partners to set specific targets in the context of projects and programmes aimed at eliminating discrimination on the basis of race, colour and national extraction, and to measure the effectiveness of these programmes.

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

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

The Committee notes the communications from the Trade Union Federation for Professional and Managerial Staff (MHP), dated 27 August 2008, and the Netherlands Trade Union Confederation (FNV), dated 29 August 2008, concerning the application of the Convention, which have been sent to the Government for its comments thereon.

Legislative developments. The Committee notes that there are no new developments in relation to the consolidation of the equal treatment legislation. The Committee further notes with interest that, following the amendment of the Civil Code and the Equal Opportunities Act, sexual harassment is now a prohibited form of sex discrimination. The definitions in these Acts and in the Working Conditions Act have been harmonized.  The Committee also notes that a proposal to include “discrimination” under the notion psychosocial burden (PSA) in the Working Conditions Act is under preparation.  The Government states that by introducing discrimination in the Working Conditions Act, the Labour Inspectorate is given a role in enforcement. The Committee further notes from the information provided by the MHP that the social partners in the Labour Foundation are preparing national recommendations concerning harassment and violence at work. The Committee asks the Government to keep it informed of the status of the proposed amendments of the Working Conditions Act, and on any other measures taken to ensure that employers translate their policy on sexual harassment into practice. Please also provide information on the number of complaints handled by the Equal Treatment Commission and the courts concerning sexual harassment, the sanctions imposed and remedies provided.

Integration and non-discrimination of migrant workers. The Committee notes that, in the context of Dutch immigration and integration policy, a number of legislative measures have been taken with the aim of promoting the civic integration of migrant workers, such as the Civic Integration (Abroad) Act 2005 and the Civic Integration Act 2006. Under the legislation, newcomers, prior and subsequent to their arrival in the Netherlands, but also persons who have resided in the Netherlands for a long time have to follow compulsory integration courses and undergo a compulsory integration exam within a certain limit of time and for which they have to pay. Dutch citizens and citizens from the European Union, the European Economic Area and Switzerland are excluded from the obligations. The Committee notes from the report of the European Commission Against Racism and Intolerance (ECRI) on the Netherlands that “concerns have been expressed that the requirement to pass the integration exam may result in exclusion and discrimination, for instance by employers and service providers, as they may feel authorized to demand integration certificates from persons seeking employment or services”. The ECRI also highlights concerns expressed by civil society that “the measures have been taken to punish and stigmatize immigrants rather than to improve their position in society” (CRI (2008)3, 12 February 2008, page 10). While the Committee considers that measures to promote the social and economic integration of migrant workers certainly contribute to the achievement of equality of opportunity and treatment of ethnic minorities, including immigrants, care should be taken that such measures do not directly or indirectly discriminate against certain ethnic minority groups with respect to their access to employment and occupation within the meaning of Article 1 of the Convention. The Committee therefore asks the Government to provide information on the measures taken, including studies, to monitor the impact of the Civic Integration (Abroad) Act 2005 and the Civic Integration Act 2006 on the employment position of ethnic minorities and to ensure that the requirement of the integration certification is not leading to any discriminatory treatment or stigmatization by employers and the population on the basis of the grounds enumerated in the Convention.

National policy with respect to equality of treatment between men and women and national minorities. Further to its observation, the Committee notes that the Government’s report does not include any particular data on the employment of men and women in various occupations and sectors of employment. The Committee reiterates its request to the Government to provide statistical information, disaggregated by sex and origin, on the employment of men and women in the various sectors and occupations, and their access to high-level posts.

Enforcement. The Committee notes the information provided by the Government on the evaluation of the Equal Treatment Act indicating that more could be done to foster public understanding of the Act, especially targeting ethnic minorities. Professionals of anti-discrimination bureaux and lawyers sometimes have difficulties in applying the notions of direct and indirect discrimination or with the decisions of the Equal Treatment Commission. Noting that the Government’s response to the evaluation by the researchers will be presented to Parliament in the near future, the Committee asks the Government to keep it informed of any further measures taken in follow-up to any recommendations made with respect to the effective enforcement of the Equal Treatment Act.

 

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

The Committee notes the communications from the Trade Union Confederation of Middle and Higher Level Employees Union (MHP), dated 27 August 2008, and the Netherlands Trade Union Confederation (FNV), dated 29 August 2008, concerning the application of the Convention, which have been sent to the Government for its comments thereon.

Legislative protection against discrimination. Social origin

The Committee recalls that the equal treatment legislation omits the ground of “social origin” and that according to the Government “social origin” is covered by the wording of article 1 of the Constitution which prohibits discrimination “on any grounds whatsoever”. The Committee notes the Government’s statement that it has no intention of including the ground of social origin in the national legislation since it considers it to be sufficiently covered by indirect discrimination based on one of the other grounds of discrimination such as race, nationality, religion or personal convictions, gender or civil status, covered by the Equal Treatment Act. The Committee notes that the MHP disagrees with this position and considers that addressing discrimination on the basis of social origin through indirect discrimination based on the abovementioned grounds is problematic. The explicit inclusion of the ground of social origin in the equal treatment legislation would lighten the burden of proof for persons alleging direct discrimination on the basis of social origin. The Committee recalls that the Convention covers both direct and indirect discrimination based on social origin. It also recalls that, where legislative measures are taken to give effect to the principle contained in the Convention, they should include all the grounds contained in Article 1(1)(a) of the Convention. The Committee therefore requests the Government to consider amending the legislation to explicitly include social origin as a prohibited ground of discrimination and to provide information on any progress in this regard.

Discrimination on the basis of race, colour, national extraction and religion

The Committee recalls its previous observation in which it noted that uncertainty remained about the actual impact of the various measures taken by the Government on achieving genuine equality of ethnic minorities in employment and vocational training. Employment data continued to show a mainly negative trend as to the employment and education of men, and particularly women, belonging to ethnic minorities, including immigrant women of Turkish and Moroccan origin. The Committee had therefore requested the Government to increase its efforts to address discrimination against ethnic minority groups, particularly women, and to indicate the extent to which the measures taken had an impact on increasing their access to employment and occupation.

The Committee notes that the Government continues to undertake a number of projects and initiatives, including research, aimed at removing impediments faced by ethnic minorities when entering and advancing in the labour market. It notes that in April 2008 the Labour Foundation presented to the Government a “Declaration on promoting diversity inside and outside the company” addressed to policy-makers, workers’ and employers’ and minority organizations, and continued to call upon the social partners to fight discrimination at work and promote equal opportunities for ethnic minorities. Activities have also been organized in the context of the “European Year of Equal Opportunities for All!”. In addition, new legislation on municipal anti-discrimination facilities (ADVs) is being proposed requiring municipalities to provide accessible anti-discrimination services to assist local residents in handling their complaints. The Committee notes the Government’s indication that, while unemployment among non-Western minorities remains high, some positive trends can be noted. The Government refers to the statistics on the labour market position of “non-Western minorities”, including young people, for 2007, showing that between 2006 and 2007 the labour force participation of non-Western minorities increased by 5.9 per cent as compared to 1.2 per cent for native Dutch; it was the greatest for women belonging to non-Western minorities. The figures also show that the decline in unemployment was markedly greater for non-Western minorities, particularly women. With respect to migrant youth, the Government indicates that the Youth Unemployment Task Force was disbanded in 2007 because it had reached the target set of 40,000 young people finding jobs.

The Committee notes that the FNV, while welcoming the increase in the labour force participation of non-Western minorities, disagrees with the Government’s overall positive analysis of the abovementioned statistics. According to the FNV, clear government policies and measures to stimulate labour participation of non-Western minorities are lacking, especially in light of the results of the “Monitor on discrimination against non-Western minorities on the labour market” (“Discrimination Monitor”) (2007), which show that the labour force participation of non-Western minorities is precarious. The Committee notes that the FNV further highlights the lack of additional data in the Government’s report on the sectors and the quality of employment of non-Western minorities and the differences with native Dutch. Such data are needed to assess whether the measures taken by the Government to eliminate discrimination in the labour market of non-Western minorities are effective and sufficient to address inequalities. Finally, the FNV raises concerns about the very high unemployment rate of young people from ethnic backgrounds (in January 2008, this was 15 per cent against 6 per cent for native Dutch). According to the FNV, the drop in the unemployment rate of young people from ethnic backgrounds is mainly due to economic growth rather than specific measures taken by the Government. The FNV is therefore disappointed that the Government has not followed up on the measures proposed by the Social Economic Council in a report published in 2006 and that the Youth Unemployment Task Force has been disbanded.

The Committee notes from the above that the existence of discrimination and inequality of non-Western minorities in the labour market is widely recognized and documented. It notes from the results of “Discrimination Monitor” (2007) that discrimination against non-Western minorities, and in particular persons of Moroccan origin, impedes their access to the labour market and their ability to secure permanent employment. Non-Western minority jobseekers deal with discrimination by avoiding certain companies or sectors, not providing information on their birth in their application or removing headscarves at work. Furthermore, the figures provided by the Government also show that in 2007 the net labour participation for non-Western minorities was only 51.8 per cent as compared to 68.1 per cent for native Dutch. The unemployment rate of non-Western minority women and men in 2007 also remained as high as 11.4 per cent and 9.9 per cent, respectively, as compared to 5 per cent and 2.8 per cent for native Dutch women and men, respectively. The Committee further notes that complaints submitted to the Equal Treatment Committee in 2006 and 2007 concerning racial and religious discrimination mostly related to discrimination in job selection due to wearing of the headscarf, language requirements and colour of skin. In light of the above and considering that the information by the Government remains general as to the outcomes of the measures taken with respect to the elimination of or decrease in discrimination in employment and occupation of certain ethnic minority groups, the Committee asks the Government to provide information on the following:

(i)    the policies adopted and measures taken, and their impact, to stimulate the labour participation of non-Western minorities, in particular young persons and women, in a wide range of occupations and sectors of employment;

(ii)   statistical data, disaggregated by sex, on the quality of employment of non-Western minorities and the sectors and occupations in which they are employed, indicating any differences with native Dutch;

(iii) the status of the new legislation on municipal ADVs and information on the number and nature of complaints filed which relate to discrimination based on race, colour, religion and national extraction with the courts and the Equal Treatment Commission.

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

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

Legislative developments

1. Article 1 of the Convention. Legislative protection against discrimination. The Committee notes the Government’s statement that the term “race” referred to in Act No. 119 of 21 February 2004 amending the Equal Treatment Act as well as other Acts, must be broadly interpreted in accordance with the International Convention on the Elimination of All Forms of Racial Discrimination, to also include skin colour, and origin or national or ethnic descent. The Committee further notes the Government’s explanation that article 1 of the Constitution prohibits discrimination “on any other grounds whatsoever”, and that the ground of social origin is covered by this wording. The Committee asks the Government to indicate whether it has any intention of including social origin as a ground of discrimination under the equal treatment legislation as this would strengthen the application of the Convention. The Committee would also appreciate receiving information on how article 1 of the Constitution can be used in practice by individuals with respect to complaints of social origin discrimination against individual employers, as well as information on the practical application of the equal treatment legislation, in particular, the number of complaints of discrimination based on race, colour or national extraction received by the relevant authorities, disaggregated by sex, and judicial or administrative decisions on such complaints.

2. Article 1(1)(b). Additional grounds of discrimination. The Committee notes the Government’s statement that the grounds of age and disability or chronic illness fall within the scope of the Convention in accordance with Article 1(1)(b) of the Convention. The Committee further notes that a Bill is being prepared to integrate the Equal Treatment of (Handicapped and Chronically Ill People) Act and the Equal Treatment in Employment (Age Discrimination) Act and the Equal Treatment (Men and Women) Act into the Equal Treatment Act. The Government indicates that the Bill was expected to be sent to the Council of State for advice in May 2006. The Committee asks the Government to keep it informed of any further developments with respect to the consolidation of the equal treatment legislation and to send copies of the consolidated Act, once it is adopted.

3. Sexual harassment. The Committee notes that in January 2006 new draft legislation was submitted to the Lower House including provisions concerning sexual harassment. The draft legislation makes intimidation and sexual harassment a form of unlawful discrimination, extends the employee’s legal protection, prohibits the prejudicial treatment of an employee who is subject to intimidation or sexual harassment, and provides for the shifting of the burden of proof. The Government hopes that the new draft legislation on sexual harassment will soon become law. The Committee further notes that the 2004 evaluation of the Working Conditions Act highlighted a positive trend with respect to compliance by employers of their legal obligations to address sexual harassment at work and that the number of codes of conduct had increased. At the same time, however, sexual harassment appeared to remain widespread, while fewer complaints of sexual harassment were submitted to employers. The study concludes that more needs to be done to translate policy on sexual harassment into practice and to raise awareness of employers and workers. The Committee notes that following the evaluation, a study and a handbook on good practices has been prepared which was to be presented at a conference in 2006. With respect to cases of sexual harassment dealt with by the labour inspectorate, the Committee notes that these will be monitored through the National Survey on Working Conditions, the findings of which were to be available in June 2006. The Committee asks the Government to keep the Committee informed of any developments in the adoption of the Bill on sexual harassment, and to provide copies of the National Survey on Working Conditions 2006, the study and the handbook on good practices as well as information on their use and impact. Please also provide information on any other measures taken to ensure that employers also translate their sexual harassment policy into practice.

National policy with respect to equality of opportunity and treatment between men and women and of ethnic minorities

4. Article. 2. Equality of treatment between men and women with respect to part-time work. The Committee recalls its comments on equality of treatment with respect to part-time work. The Committee refers to its comments on Equal Remuneration Convention, 1951 (No. 100), and the Workers with Family Responsibilities Convention, 1981 (No. 156), and asks the Government to indicate in its next report the measures taken or contemplated to address the underlying reasons for the over-representation of women in part-time employment.

5. Access to employment and occupation, including higher level posts. Further to its observation in which it noted the establishment of the Steering Group on Migrant Women and Employment, the Committee notes that the Government’s report does not include any further information on whether any steps have been taken to evaluate previous and present measures to promote equality in employment and occupation of women and ethnic minorities, including measures to promote their access into higher level posts. The Committee asks the Government to include in its next report updated information, including statistics disaggregated by sex and ethnic origin, on the employment of women and men, in the various sectors and occupations, as well as an evaluation as to whether previous measures have had an impact on improving the labour market situation of women, especially women belonging to ethnic minorities.

6. Article 3(e). Observance of the national policy by placement agencies. The Committee notes that the Work and Income Inspectorate (IWI) has undertaken a study of the non-discrimination code of the Centre for Work and Income (CWI), and that an internal audit led to a new guide on age policy and a new non-discrimination code. The Government, however, does not have any information on its operation in practice or the impact of the non-discrimination code (CWI 2005). According to the CWI, no use has yet been made of the provisions of the code. The Committee asks the Government to continue to monitor the use and impact of the non-discrimination codes developed by the CWI in order to be able to ensure that the national policy on equality is observed by placement agencies, and to keep the Committee informed of any results achieved in this regard.

Enforcement

7. Equal Treatment Commission. The Committee notes the information provided in the Government’s report on the rulings on complaints relating to discrimination handled by the Equal Treatment Commission in 2004 and 2005. The Committee further notes that the Government’s response to the evaluation report of the ETC of June 2005 “Making the Difference” will be submitted to the Lower House and that a second evaluation is currently being carried out focusing on the effectiveness of the legislation, the results of which were expected to be available in June 2006. Furthermore, the Committee notes that the Evaluating the Equal Treatment Act came into effect in November 2005 and expands the power of the ETC to carry out studies on its own initiative. While noting these developments, the Committee hopes that the Government’s response to the abovementioned evaluation report of the ETC will include follow-up to the other recommendations made in the report to improve the application and enforcement of the Equal Treatment Act. The Committee asks the Government to provide information on the outcome of its own evaluations as well as the response to the follow-up of the recommendations in the ETC report “Making the Difference”.

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

The Committee notes the comments attached to the Government’s report of the Trade Union Confederation Middle Categories and Senior Staff Unions (MHP) of 17 August 2006 and the Confederation of Netherlands Industry and Employers (VNO–NCW) of 13 July 2006 concerning the application of the Convention.

1. Discrimination on the basis of colour, race, national extraction and religion. The Committee recalls its previous observation in which it had noted the rapidly deteriorating labour market position of men and women from ethnic minorities and the apparent decline in efforts to eliminate employment discrimination of ethnic minorities despite the fact that discrimination on the grounds of colour, race and national extraction were more prevalent. Moreover, the expression of negative views concerning the presence of ethnic minorities in society, particularly Muslims, had apparently also increased.  The Committee notes the statistics provided by the Government confirming previous figures that the employment rate of ethnic minorities systematically declined between 2001 (49.7 per cent) and 2005 (46.9 per cent) and the unemployment rate almost doubled during that same period (from 8.9 to 16.4 per cent). The Government indicates that a positive trend should nevertheless be noted with respect to first-generation Surinamese and second-generation Antilleans who, even in times of low economic activity, managed to maintain their position in the labour market. The Committee further notes that the Government acknowledges that labour participation of migrant women is still lagging behind that of women of Dutch origin and that participation is particularly low among Turkish and Moroccan women and women from the so-called new ethnic minority groups (e.g. from former Yugoslavia, Somalia, Islamic Republic of Iran and Afghanistan). The Committee notes that in its recent concluding observations the Committee on the Elimination of Discrimination Against Women (CEDAW) expressed similar concerns that racism persisted in the Netherlands and that particularly immigrant, refugee and minority women suffered from multiple forms of discrimination with respect to their access to education and employment. The CEDAW also expressed concerns that gender stereotypes about migrant women and women belonging to ethnic minorities were reflected in their position in the labour market (CEDAW/C/NLD/CO/4, 2 February 2007, paragraphs 15 and 27).

2. The Committee notes that the Government continues to take various measures involving the social partners and minority organizations, to combat discrimination in the labour market on the grounds of race and ethnic origin. In particular, a Task Force on Youth Employment was set up to generate 40,000 jobs for young people and in this context work is being done to counter the negative images of and discrimination against ethnic minorities in the labour market. In addition, projects have been financed with the aim of empowering migrant youth and preparing them for the labour market, and a Steering Group on Migrant Women and Employment will operate until the end of 2007 with the aim of encouraging more migrant women to go to work.  The Committee notes further that the Government’s report includes very general information on a Broad Initiative on Social Cohesion and agreements reached at the Employment Summit in 2005 between the Government and the social partners on the issue of migrant labour participation. The Government also states that the Labour Foundation has made recommendations to parties to collective agreements and companies to pursue a policy on minorities and to combat discrimination in recruitment and selection. The Committee notes that, according to the VNO–NCW, these were the most important achievements over the past few years. With respect to other initiatives taken by the Government, such as guidelines for psychological tests relevant to ethnic minorities for use in job application processes, awareness-raising campaigns on discrimination and research conducted on the removal of impediments to ethnic minorities in the labour market, the Committee notes that the VNO–NCW questions the impact of these measures; it indicates that issues such as early school leaving and language deficiencies as well as levels of qualifications should also be taken into account when presenting the situation of ethnic minorities. The Committee further notes the comments of the MHP stating that due to a change in policy, the post of State Secretary for Equal Opportunity disappeared as did the special attention devoted to equal opportunity policy in the general policy of the Ministry of Social Affairs and Employment. As a result, a number of specific measures with the objective of  promoting the participation of women in the labour market have been discontinued.

3. The Committee appreciates the information provided by the Government on the abovementioned initiatives to address discrimination on the basis of race and national extraction, but remains uncertain about the actual impact and effectiveness of these measures in achieving genuine equality of ethnic minorities in employment and vocational training. The information provided is general as to the contents and outcomes of the initiatives and research undertaken, agreements reached and recommendations made, as well as their follow-up. In view of the fact that, in spite of these measures, employment data continue to show a mainly negative trend as to the employment and education of men and particularly women belonging to ethnic minorities, the Committee reiterates its request to the Government to increase its efforts, in collaboration with employers’ and workers’ organizations, to address discrimination in employment and occupation on the basis of race, colour, ethnic origin or religion. The Committee asks the Government in particular: (1) to provide information demonstrating whether and to what extent measures such as the Broad Initiative on Social Cohesion, the Task Force on Youth Employment, the Steering Group on Migrant Women and Employment, as well as the guidelines on psychological tests and awareness-raising campaigns have had an impact on increasing the access of ethnic minority groups, and particularly women, in employment and occupation; (2) to provide more detailed information on the contents of the agreements reached on migrant labour participation and the recommendations made by the Labour Foundation, as well as on the research conducted on the removal of impediments to ethnic minorities in the labour market, and the specific follow-up given to these initiatives; and (3) to continue to provide statistical data, disaggregated by sex and origin on the employment and training situation of ethnic minorities. Please also provide information on any other measures taken, and their impact, on decreasing discrimination in hiring and promoting access to employment and training of men and women belonging to ethnic minorities.

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

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

Legislative developments

1. Article 1 of the Convention. Protection against discrimination. The Committee notes the adoption of Act No. 119 of 21 February 2004 amending the Equal Treatment Act and other Acts of 2004, in order to implement Directive 2000/43/EC of 29 June 2000 implementing the Principle of Equal Treatment between Persons Irrespective of Racial or Ethnic Origin and Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation. It notes with interest that the amended legislation provides for additional protection against direct and indirect discrimination as well as harassment and provides protection against victimisation in the case of discrimination complaints. The Committee notes, however, that, in amending the Act, the Government has not taken the opportunity to include explicitly as prohibited grounds of discrimination national extraction, colour and social origin set forth in Article 1(1)(a) of the Convention; section 2(3) of the Act instead refers to "persons belonging to a certain ethnic or cultural minority group" in the context of special measures. The Committee asks the Government: (a) to clarify in its next report whether the term "race" is intended to cover "national extraction and colour"; and (b) to provide information in its next report on how protection is ensured in law and in practice on the ground of social origin.

2. Article 1(1)(b). Additional grounds of discrimination. The Committee notes the adoption of the Act of 17 December 2003 providing for equal treatment irrespective of age in employment, occupation and vocational training (Equal Treatment in Employment (Age Discrimination) Act), and the Equal Treatment on the Grounds of Disability or Chronic Illness Act of 3 April 2003. Noting also the advice issued by the Equal Treatment Commission (ETC) in August 2005 on a draft bill to consolidate the various equal treatment Acts, the Committee asks the Government: (a) to indicate in its next report whether it intends to apply the provisions of the Convention to the grounds of age and disability in accordance with Article 1(1)(b) of the Convention; and (b) to keep it informed of any further developments with regard to the proposed consolidation of the equal treatment legislation.

3. Sexual harassment. The Committee notes that the Working Conditions Act, which was to be evaluated in 2004, provides a broad definition of sexual harassment and obliges the employer to implement a policy to protect against sexual harassment, violence and aggression. It also notes that the Government intends to include a provision on sexual harassment in the Equal Treatment of Men and Women Act. Furthermore, the Committee notes that while, the Labour Inspectorate has the responsibility to monitor compliance with the Working Conditions Act, according to the Netherlands Trade Union Confederation (FNV), sexual harassment is not always included in inspections. The FNV also refers to major research on harassment that is expected to be published by the Government. The Committee asks the Government to keep it informed of the abovementioned legislative developments and the findings of the research on harassment, and to continue to provide information on the practical application of the relevant legislation and on the number of sexual harassment cases recorded by the labour inspectorate, the ETC and the courts, and how the complaints were dealt with.

National policy with respect to equality of opportunity and treatment between men and women of ethnic minorities

4. Article 2. Equality of opportunity and treatment with respect to part-time employment. With reference to its previous comments regarding the distinctions made in collective agreements between part-time workers and full-time workers and the disproportionate representation of women in part-time work, the Committee notes that the Government continues to draw the attention of the social partners to the provisions of the Equal Treatment (Working Hours) Act and the possibility to seek the advice of ETC on this matter. While noting from the Government’s report on Convention No. 100 that the ETC has found it significant that most of the employers, government authorities and collective agreements negotiators seeking an opinion from the ETC have followed its advice to comply with the Act, the Committee also notes from the latest survey of the Labour Inspectorate on the Labour Market Situation in 2002 that distinctions, some of which are not permitted under the Equal Treatment (Working Hours) Act, continue to exist. The Committee asks the Government to continue to provide information on efforts made to eliminate distinctions in collective agreements and to indicate in its next report any other measures it is taking to address the underlying causes of the disproportionate representation of women in part-time work. Please also refer to the Committee’s comments on Convention No. 100.

5. Access to employment and occupation, including higher level posts. Further to its observation, the Committee notes the statistical information for the year 2003 provided in the Government’s report indicating that while, compared to 1997, the employment rate for women and ethnic minorities has significantly improved, their employment rate remains lower than the average employment rate by 10 and 17 percentage points respectively. The employment rate of ethnic minority women is 26 percentage points lower than the average, while for older women and older ethnic minorities it is 30 and 31 percentage points respectively. The employment rate of young ethnic minority members (15-24 years of age) is even 36 percentage points lower than the average. At the same time, the Committee notes that the greatest increase in the participation of women workers has been in the sectors with the lowest share of women workers, notably construction, public and road transport, and oil and chemistry. In its previous comments, the Committee had noted the various government initiatives to promote equality of ethnic minorities and to increase the number of women in decision-making posts and in new technologies, and had requested information on the implementation and impact of these initiatives. The Committee notes in this regard the information provided by the FNV that "Toplink" has closed down and that the governmental subsidy to Opportunity in Business has been discontinued. The FNV also indicates that hardly any results-oriented reports about the fight against discrimination can be delivered, and that yet another committee for participation among women and ethnic minorities has taken duty. Noting the absence of any further information in the Government’s report on these initiatives, the Committee encourages the Government to undertake a results-oriented analysis of the various measures it has taken since the Committee’s last comments in 2001 to promote equality of opportunity and treatment of women and ethnic minorities, including the 2003 Action Plan on Emancipation and Integration of Women and Girls from Ethnic Minorities and the Integration Task Force. It hopes that the next Government’s report will contain full information in this regard.

6. Article 3(e). Observance of the national policy by placement services. The Committee notes that, following the entry into force in 2002 of the Act on Implementation Structure for Work and Income (SUWI), responsibilities for the reintegration of the unemployed into the labour market has been transferred to the municipalities and the Implementation Unit for Workers Insurances (UWV). The Committee notes with interest that section 22 of the SUWI provides that the Centre for Work and Income (CWI), in fulfilling its duties, ensures that discrimination does not take place in the placement of unemployed persons, and to this end has established a non-discrimination code. The Committee notes in this regard implementing Regulation of 22 February 2005 establishing the Non-discrimination Code CWI of 2005 (replacing the 2002 Code) which protects against direct and indirect discrimination by the CWI staff and its clients in the registration of and the vacancies for the unemployed on the basis of religion, belief, nationality, race, sex, sexual orientation, age or disability. Complaints regarding discrimination notified by the CWI staff, by the employer or jobseeker, can be submitted to the CWI or the ETC. The Committee asks the Government to provide information on the application in practice and the impact of the SUWI and the Non-Discrimination Code of 2005 and also refers to its comments in points 1 and 2 of this direct request with respect to the prohibited grounds of discrimination covered by the legislation concerned.

Enforcement

7. Equal Treatment Commission. The Committee notes the information provided by the Government and the FNV on the number and nature of complaints relating to discrimination handled by the ETC and the courts. The Committee further notes that the recent report of the ETC "Making the Difference: Evaluation of the Equal Treatment Act and the Activities of the ETC. 1999-2004" confirms the limitations on the capacity of the ETC to exercise its powers proactively. It notes that the report contains recommendations to the ETC and the Government to improve the application and enforcement of the Act, such as measures to increase the awareness of the Act and the existing complaints procedures; to investigate the situations in which victimization is most prevalent; to examine why many of the ETC opinions relating to sex discrimination are not being followed; to play a more directing role in order to ensure continuity and strengthen the existing infrastructure to combat discrimination. The Committee asks the Government to continue to provide information on the complaints brought before the ETC and the courts and to provide information on the follow-up to the recommendations set out in the ETC report.

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

The Committee notes the information in the Government’s report and the extensive documentation attached. It also notes the comments and additional information supplied by the Netherlands Trade Union Confederation (FNV) in its communication dated 25 November 2004.

1. Discrimination on the basis of colour, race, national extraction and religion. The Committee notes that the Employment Minorities (Promotion) Act, 1998, which required employers to report on the ratio of ethnic minority employees and on the measures to achieve a greater proportional representation of ethnic minorities in their enterprise, expired in January 2004. In its previous comments, the Committee had noted the broad support for this Act and the increase in the number of reports filed by employers. It had also noted the various measures taken by the Government to follow up on the recommendations arising from the evaluation of the Act such as the "benchmarking tool" of public employment services, and the action taken against employers who did not fulfil their obligations prescribed by the Act. The Committee notes that, as a follow-up to the Act, the Government created the National Network on Diversity (DIV) to raise awareness among employers about the benefits of an enterprise (personnel) policy focusing on diversity, and that it is considering the voluntary registration by employers of the ratio of ethnic minorities. The Committee notes that the FNV, along with other organizations, attempted to prevent the expiration of the Act. The FNV maintains that information on the participation of ethnic minorities in employment and other areas has been more difficult to obtain since the expiration of the Act and that the "benchmarking tool" has not had any positive results. According to the FNV, the Government has not taken enough measures to promote non-discriminatory personnel and recruitment policies despite the fact that discrimination on the grounds of colour, race and national extraction is more prevalent. Different treatment persists with respect to access to employment, and unemployment of ethnic minorities, especially the young, has risen quite sharply during the recent economic recession. The national equality focal point within the Equal Treatment Commission (ETC) no longer exists and the capacity of the ETC to exercise its powers proactively is hampered by limited legal possibilities. The FNV also regrets that no information has been supplied about the unemployment situation of women of Moroccan origin, whose employment situation, as indicated in the Committee’s previous comments, was particularly grim. It maintains that, although the Government published an Action Plan on Emancipation and Integration of Women and Girls from Ethnic Minorities in 2003, most of the specific measures and finances for target groups such as unemployed women from ethnic minorities have been discontinued.

2. The Committee notes that the Annual Reports of the Social and Cultural Planning Office on Ethnic Minorities and on Integration, published in October 2003 and September 2005, respectively, express similar concerns with respect to the weakened position of ethnic minorities in society and the labour market. The 2003 Annual Report on Ethnic Minorities points to the diminishing attention in labour market policy to the situation of ethnic minorities and mentions that with the expiration of the abovementioned Act employers are no longer actively encouraged to increase the proportion of ethnic minorities in their enterprise. Therefore, special measures targeting ethnic minorities are still necessary and require an adequate registration of the number of ethnic minority members in the labour market. The 2005 Annual Report on Integration confirms the sharp increase in the unemployment rate of ethnic minorities from 9 per cent in 2001 to 16 per cent in 2004, with youth unemployment (15-24 years of age) among ethnic minorities even rising to 23 per cent. It states that the weakened economy "wiped out many of the gains made by ethnic minorities between 1995 and 2001". The Annual Report further indicates that the proportion of ethnic minority members employed in occupations at the lowest end of the occupational ladder and under flexible contracts is still relatively high. Furthermore, the number of subsidized contracts, under which many female and older ethnic minorities are employed, is decreasing and having a concomitant impact on the job security of these workers. The Report concludes by expressing concern over the increased negative view concerning the presence of ethnic minorities in society, particularly Muslims.

3. The Committee notes from the Government’s most recent periodical report under the United Nations Covenant on Economic, Social and Cultural Rights that the Government recognizes that ethnic minorities should not be disproportionately affected by the downturn in the labour market. It notes the range of past and present measures presented in the report to address race discrimination and to increase access to training and education of ethnic minority employees to improve their career opportunities and promote sustainable employability, including those under the European EQUAL Programme (E/1994/104/Add.30, 23 August 2005, pages 9-25). While welcoming these measures by the Government and the measures referred to in paragraph 1 of this observation, the Committee notes with concern the rapidly deteriorating labour market position of men and women from ethnic minorities and the apparent decline in efforts to eliminate employment discrimination of ethnic minorities. It therefore hopes that the Government will make every effort to ensure that past gains with respect to equality of ethnic minorities in employment and vocational training are not lost or put at risk. It asks the Government to step up its measures to address discrimination in employment and occupation on the basis of race, colour, ethnic origin or religion and to take active steps, along with the employers’ and workers’ organizations, to promote a climate of tolerance among the different ethnic groups in society. The Committee hopes that the Government’s next report will contain information, including up-to-date statistics disaggregated by sex and ethnic origin, on the measures taken and the practical results obtained to put an end to discrimination in hiring and to promote access of both male and female ethnic minority members to employment and training, including by the DIV.

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

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

Further to its observation, the Committee notes the detailed information provided in the Government’s report and the attached documentation.

1. Discrimination on the basis of sex. Referring to its previous comments related to the distinctions made in collective agreements between full-time and part-time workers and the disproportionate representation of women in part-time work, the Committee notes the information contained in the Government’s report, including the indication that three collective agreements excluded 3,557 part timers working less than 12 hours a week, out of which 2,710 were women, and that other collective agreements partly exclude 77,332 such part-time workers, out of which 60,123 were women. The Committee notes that the Labour Foundation considered that threshold provisions for part timers were inappropriate and recommended that they should be adjusted or revised where possible. Noting that the Government has alerted collective agreement negotiators to the possibility of letting the Equal Treatment Commission assess draft agreements and of seeking relevant advice from the Commission, the Committee requests the Government to keep it informed of further developments concerning these matter, including any activities of the Equal Treatment Commission in this regard. Please also refer to the Committee’s comments under Convention No. 100.

2. The Committee notes that the recent evaluation of the Equal Treatment Act has shown that the objective of equal treatment enjoys broad public support, but that many people are not aware of the Act’s details. The Government points to the necessity of making the Equal Treatment Act and the Equal Treatment Commission better known and of further promoting compliance with the Act. In this respect, the Committee notes the various information booklets on equality submitted by the Government and the Commission’s intention to exercise its powers proactively in the next few years by providing advice, public information, policy follow-up and independent research. Noting that the Equal Treatment Commission has endorsed the establishment of a national equality focal point with a mandate to raise awareness and to give advice, the Committee requests the Government to continue to provide information on the measures taken or envisaged to promote the acceptance and observance of the principles of equality of opportunity and treatment in employment and occupation.

3. The Committee notes the information provided in regard to women’s participation in the labour market. The Committee notes from the report that the women’s share in high-ranking jobs has been growing very slowly, the current average proportion for all sectors being 18 per cent. The Committee notes that, while the ratio of women to men in middle-ranking jobs is 13 to 37, many more men are moving up to the top rank, in particular in the private sector. The Committee notes the information provided on "Opportunities in Business" (OIB) and "Toplink", both encouraging improved participation of women in the private sector. It also notes the implementation of the "Axis 1998" programme and the targets set by the Government, according to which the number of women in the ICT-sector should increase from 10 to 15 per cent in 2004 and to 30 per cent in 2010. The Committee hopes that the Government will take positive action to increase the number of women in decision-making positions and in new technologies. It invites the Government to continue to supply information on the achievements and activities of its initiatives to enhance women’s participation in the labour force, including the OIBs "Balance meter: Facts and figures about the role of women in the various sectors of the Dutch labour market" and the planned network of high-profile equal opportunity pioneers which is to work with Dutch business to promote equality.

4. Discrimination on the grounds of colour, race and national extraction. The Committee notes that an evaluation of the Employment of Minorities (Promotion) Act took place in 2000, showing broad support for the Act’s objectives and that the number of reports filed by employers on the ratio of ethnic minorities on their staff and on measures they propose to achieve a greater proportional representation of minorities in their enterprise, as required under article 5 of the Act, has increased in recent years. According to the Government, the Act is helping to increase awareness of the problems of ethnic minorities in the labour market and on how employers could help remedy them. According to the Government, the Act had a minor, but favourable impact on essential changes in enterprises’ personnel and recruitment policies. The evaluation further found that in enterprises complying with the Act, the proportion of minorities was increasing faster, although this was not a significant trend. The Committee also notes from the report that no direct impact on the labour market position of minorities could be identified so far and that, in 2001, the Government consulted with social partners on the issue of ethnic minorities and on how to improve compliance with the Act. The Government is requested to keep the Committee informed of the outcome and follow-up to these consultations. Noting the various measures devised on the basis of the recommendations arising from the 2000 evaluation of the Act, the Committee requests the Government to provide further details concerning the "benchmarking tool" of the public employment services to compare enterprises’ compliance with the Act. Noting that the public employment services website will publish a list of enterprises that have not complied with the Act, the Committee asks the Government to continue to provide information on the action taken, pursuant to section 10 of the Act, against employers that do not fulfil their obligations prescribed by the Act. Recalling the importance of addressing discriminatory practices in the context of recruitment processes, the Committee requests the Government to provide information on measures taken or planned to further promote non-discriminatory personnel and recruitment policies and their implementation.

5. The Committee notes that the recommendations elaborated by the Joint Ethnic Minorities and Labour Market Task Force established by the Ministry of Social Affairs and Employment and of the Interior were included in the "Policy document on labour market policy for ethnic minorities: Action Plan 2000-01", which was welcomed by the Dutch House of Representatives in June 2000. The action plan calls for additional efforts by the concerned ministries, professional organizations, social benefit agencies, enterprises and other relevant actors in areas such as employment creation, improvement of intercultural management, public information, training, social assistance, and youth employment. The Committee notes with interest the creation of an integration task force charged with improving the integration and employment of refugees and the establishment of a committee for labour participation among women from ethnic minority groups. The Committee requests the Government to keep it informed on the implementation of the abovementioned initiatives and the results achieved.

6. Recalling the previous comments submitted by the Netherlands Trade Union Federation (FNS), concerning the need to earmark funds to reduce unemployment of ethnic minorities, the Committee notes the statistical information provided by the Government on the employment situation of ethnic minorities. It notes that the overall unemployment rate for men and women of ethnic minorities has decreased from 20 per cent to 14 per cent between 1997 and 1999, while in the same period unemployment rate for the native Dutch population decreased from 5 per cent to 3 per cent. Noting that there remains an overall difference of 11 per cent in the unemployment rate of ethnic minorities and native Dutch workers, the Committee observes with some concern that the unemployment rate of 18 per cent for Moroccans in 1999 (1997: 21 per cent) remains particularly high compared to the native Dutch population, but also relatively high compared to other ethnic groups. Moroccan women are the only group for whom the employment situation has worsened between 1997 and 1999. Noting the Government’s explanation that this is to due to the low educational attainment of Moroccan women, the Committee requests the Government to continue to provide information on the measures taken to promote equal job opportunities and employment of Moroccan women and other ethnic minority women.

7. Enforcement of legislation. The Committee notes from the Equal Treatment Commission’s annual report for 1999 that the number of complaints filed decreased substantially from 1998 to 2000 (from 346 to 232 complaints filed). The Committee observes further that the largest share of cases dealt with by the Commission relate to discrimination in recruitment and selection and that complaints against sex discrimination are mainly brought by women, while complainants in cases of racial discrimination were mainly male. Regarding the problem of persons withdrawing their complaints lodged with the Equal Treatment Commission because of fear of retaliation, the Committee notes the Government’s indication that protection from such consequences is afforded by section 8(1) of the Equal Treatment Act which provides that if an employer terminates an employee’s employment in contravention on the grounds that the employee has invoked section 5, either at law or otherwise, such termination shall be invalid. While considering that that measure provides some protection against reprisals, the Committee notes that section 8(1) does not appear to provide protection in cases involving other forms of harmful consequences than dismissal, or to cover other persons than the actual complainant, such as witnesses. Noting the Government’s intention to incorporate a provision specifically about victimization into equal treatment legislation, the Committee requests the Government to keep it informed of this matter in its next report. The Committee asks the Government to continue to provide information on the functioning, activities, and recommendations of the Equal Treatment Commission, including explanations for and action taken against the decline in the number of complaints filed with the Commission, as well as information concerning follow-up to its conclusions. With reference to its previous direct request, the Committee once again requests the Government to provide information on the action taken by government institutions to give adequate follow-up to the Commission’s recommendations.

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

The Committee notes new section 6(a) of the Equal Opportunities Act concerning the burden of proof. The section provides that, when a person, who considers himself or herself to be wronged because a distinction within the meaning of the Act is made or will be made, establishes facts from which such a distinction may be presumed, it shall be for the respondent to prove that the Act has not been violated. It further notes that section 7:648 of the Civil Code, which prohibits discrimination against women, also has been amended accordingly. The Committee looks forward to receiving information on the implementation of the amended legislation and its impact on enforcement.

The Committee is raising related and other points on the application of the Convention in a request directly addressed to the Government.

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

Further to its observation, the Committee notes the detailed information provided in the Government's report and the attached documentation. It also notes the comments submitted by the Netherlands Trade Union Federation (FNV).

1. Discrimination on the basis of sex. As regards the implementation of the Equal Treatment (Working Hours) Act of 1996, the Committee notes the findings of the study undertaken by the Labour Inspectorate of the Ministry of Social Affairs and Employment concerning distinctions made in collective agreements between full-time and part-time workers. The study found that a number of collective agreements excluded part-time workers who work less than a certain number of hours (12 to 23 hours) a week or excluded this category of workers from receiving certain employment-related benefits. The Government states that excluding part-time workers wholly or partly from collective agreements does not contravene the Equal Treatment (Working Hours) Act, given that parties to such agreements have the possibility to set alternative conditions of employment for part-time workers, provided that reasons for doing so are in the interest of equal treatment. Noting that the United Nations Committee on Economic, Social and Cultural Rights in its concluding observations of 16 June 1998 (E/C.12/1/Add.25) expressed concern on the disproportionate representation of women in part-time work, the Committee requests the Government to provide an indication of the number of men and women working part time who are excluded by collective agreements and to supply information on any alternative conditions of employment set for these workers. The Committee also requests the Government to keep it informed of any views expressed and action taken by the Joint Industrial Labour Council in this regard which have a bearing on the application of the Convention. The Committee notes the information on the decisions handed down by the Commission on Equal Treatment on the implementation of the above Act and encourages the Government to continue to provide such information in future reports.

2. The Committee notes that an interdepartmental working party representing the ministries most closely involved has been instructed to seek more effective ways of tackling public information activities on the issues of equal treatment and that a booklet is being prepared on equal treatment standards of conduct in the selection and recruitment of staff. The Committee also notes that the final results of an ongoing evaluation covering the Equal Treatment Act, the Equal Treatment (Working Hours) Act and the Equal Treatment of Men and Women Act, to examine ways of streamlining legislation on equal treatment, are expected in 1999. The Committee requests the Government to supply information on the findings of the study and to provide a copy of the booklet on equal treatment standards of conduct in the selection and recruitment of staff.

3. The Committee notes the information provided in the Government's report on the results of the Women and Technology Action Plan (1995-98). It notes that a wider ranging campaign called "Axis 1998" has been launched as a follow-up, and requests the Government to provide information on its achievements. The Committee also requests the Government to indicate the impact the campaign "Opportunity in Business" has had on promoting equal opportunity and treatment for women and men in jobs in trade and industry, and to provide copies of diversity plans and objectives formulated by employers, if available.

4. Discrimination on the grounds of colour, race and national extraction. The Committee notes from the statistics provided by the Government that, while unemployment amongst ethnic minorities fell from 26 per cent in 1994 to 20 per cent in 1997, it is still four times higher than among people of Dutch extraction. According to the Government, the discrepancy of the employment rate between persons of Turkish and Moroccan extraction and those of Dutch extraction is still 25 per cent, unlike persons of Surinamese background for which the discrepancy is only 5 per cent. The Committee also notes from the statistics provided that the net employment rate of Turkish and Moroccan women, although increasing, remains particularly low, especially for single mothers with more than two children. The Government further indicates that Moroccan and Turkish women tend to be engaged in unskilled and semi-skilled jobs, although in 1998 the number of Turkish and Moroccan women who had moved up from unskilled to semi-skilled increased. Further in this connection, the Committee notes that the Fair Employment of Ethnic Minorities Act of 1994 has been amended and re-launched as the Employment of Minorities (Promotion) Act which came into effect on 1 January 1998. According to the Government, the Act aims to make the provisions of the 1994 Act more effective by eliminating some of its administrative procedures. Noting that under section 5 of the new Act, employers are required to publish annual reports on the ratio of ethnic minorities on their staff and on the measures they propose to take to achieve a greater proportional representation of minorities in their enterprise, the Committee requests the Government to provide further details on the impact of the Act on achieving greater equality for ethnic minorities in employment and occupation, as well as to provide information on the action taken, pursuant to section 10 of the Act, against employers who do not fulfil their obligations prescribed by the Act. Noting further that in 1998 a task force was established jointly by the Ministries of Social Affairs and Employment and of the Interior to promote the employment of ethnic minorities by coordinating the demand and the supply sides of the labour market and to foster best practice both in individual companies and in industrial sectors, the Committee requests the Government to supply information on the recommendations of this task force and their follow-up.

5. While noting the initiatives taken by the Government to improve employment opportunities for ethnic minorities, the Committee also notes the comment submitted by the Netherlands Trade Union Federation (FNV) that the Government's employment policy goal to halve the unemployment rate differences between persons of Dutch origin and those of ethnic minorities before the year 2003 cannot possibly be realized without substantial and earmarked budget provisions and without specific measures for black migrant and refugee women. The Committee requests the Government to indicate the impact of measures taken to promote job opportunities for ethnic minorities, and in particular for men and women of Turkish and Moroccan origin.

6. Enforcement of legislation. The Committee notes from the Equal Treatment Commission's annual reports for 1997 and 1998 that the number of complaints filed rose steadily up to 1998 after which it slightly decreased, and that the majority of the complaints continue to relate to discrimination based on sex (35.2 per cent) and nationality and race (32.5 per cent). As regards the nature of the conclusions handed down by the Equal Treatment Commission, the Committee notes an increase in the conclusions handed down in relation to discrimination based on sex (42.1 per cent in 1997 and 45.5 per cent in 1998), while conclusions handed down in relation to race decreased from 21.6 per cent in 1997 and 17.5 per cent in 1998. While noting that the Equal Treatment Commission has not yet lodged any cases in court on its own initiative, the Committee also notes the Commission's explanation that it has not always a complete picture of the extent to which its decisions are complied with since it is dependent on the parties concerned to provide information in this regard, but that such information is generally submitted by the parties. The Equal Treatment Commission also found that, overall, its function of providing for an accessible settlement of disputes and to be an alternative for court action has been satisfactory, and that only in very few instances cases have been brought to court after a decision of the Commission. The Commission's annual reports also indicate the specific follow-up action given by the Commission to ensure that its recommendations and conclusions are complied with, including the fact that in one case concerning equal pay, the Commission had started legal proceedings with a view to obtaining relevant information from the employer. The Committee notes this information and requests the Government to continue to provide similar information in future reports. The Committee notes, however, with some concern that certain complaints filed in 1997 which were declared receivable did not end in a decision by the Commission due to the withdrawal by complainants of their case for fear of negative consequences. The Committee requests the Government to indicate the action taken or envisaged to ensure that adequate protection exists for those complainants who fear reprisals. Noting further from the 1997 annual report that the Commission regrets that the Government does not always put into practice its own diversity policy and that there is also a lack of adequate follow-up to the decisions of the Commission by the different government institutions and bodies, the Committee requests the Government to provide information on the action taken by the different government institutions to give adequate follow-up to the Commission's recommendations.

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

1. The Committee notes with interest the amendment of the Equal Treatment Act on Men and Women, in particular its section 12(b) which prohibits discrimination between men and women as regards the categories of persons eligible for pension benefits and the implementation of pension schemes. The Committee further notes that section 646 of Chapter 7 of the Civil Code has been amended accordingly and prohibits employers from discriminating between men and women as regards entering into employment contracts, training, terms and conditions of employment, promotion, and termination of employment contracts. It also notes that, according to section 12(b)(2) of the above Act, provisions which stipulate the interruption of pension entitlements during the period of maternity leave are, pursuant to section 7/646 of the Civil Code, in contravention of the prohibition of unequal treatment of men and women. The Committee looks forward to receiving information on the implementation of the amended legislation.

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

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

1. Discrimination on the ground of sex. The Committee notes with interest from the Government's reports the entry into force on 1 November 1996 of the Equal Treatment (Working Hours) Act. The Act prohibits discrimination between employees on the ground of difference in the number of hours of work, in the conditions under which the labour contract is concluded, continued or terminated, unless such discrimination is justified in an objective manner. According to the Government, the Act provides a way of challenging inequality of treatment on the ground of holding part-time employment, which is simpler than challenging indirect discrimination on the grounds of sex, and is therefore of particular relevance to women given the fact that they are more likely to work part time. The Committee notes that the Equal Treatment Commission, which is responsible for supervising compliance with the General Equal Treatment Act of 1994, is also responsible for supervising compliance with the new Act. It looks forward to receiving information on the implementation of the new Act.

2. With reference to its previous direct request, the Committee notes the information provided on the composition and functioning of the new Equal Treatment Commission, including the power to accompany its findings with recommendations to the party found guilty of discriminatory acts. The Government states that the aim of issuing such recommendations is to show that there are ways in which the guilty party can act in accordance with the law, without losing sight of the different interests of the parties involved. According to section 15 of the General Equal Treatment Act, the Commission also has the power to request a binding judgement from the courts on whether a particular action is a contravention of the relevant legislation, and the Government states that this can be done, for instance, when the Commission's findings are ignored. The Committee notes that, according to the Government reports, the Commission's annual reports for the 1994-96 period show that the Commission regularly uses its power to issue recommendations while it has not as yet used its power to lodge a case in court. Noting the statistics provided by the Government on the large increase in the number of conclusions issued (70 per cent up in 1996 over 1995) most of which relate to sex discrimination, the Committee asks the Government to provide copies of the annual reports of the Commission so as to enable it to ascertain whether the fact that no cases have been brought to court means that the Commission's conclusions and recommendations are followed in all cases or, rather, that it has not done so for other reasons lying within its discretion.

3. The Committee notes from the Government's reports that an investigation into the effectiveness of the Equal Treatment Act of Men and Women (which exists alongside the General Equal Treatment Act because of its specific character concerning equal pay as implementation legislation of European Community Directives) was completed on behalf of the Ministry of Social Affairs and Employment in December 1995. On the basis of the findings of the investigation, the Government indicates that it intends to take measures, inter alia, to improve the clarity of the existing public information materials and the effectiveness of public information activities in order to increase knowledge and understanding of the legislation, and undertake a study to examine the potential for streamlining the statutory provisions now spread over different Acts. The Committee requests the Government to keep it informed in this respect and provide it with copies of any proposals for amendment or new legislation resulting from these processes.

4. In its previous direct request the Committee had noted the positive action implemented by the Government in favour of employment of women, including the financial assistance scheme designed to assist certain bodies with the necessary expenditure for taking measures concerning women's employment which has worked well in the non-profit sector and in local authorities. Noting that the Women and Technology Consultancy should by now have published its report on the results of approaches made to technical companies encouraging them to use the scheme, the Committee again requests the Government to send information on these findings with its next report.

5. Discrimination on the grounds of colour, race and national extraction. Finally, the Committee notes that the Government's report is silent on one point on which it asked to be kept informed and must therefore repeat part of its previous direct request which read as follows:

The Committee notes that the Netherlands Trade Union Confederation (FNV) commented in favour of the adoption, in 1994, of the Act promoting a proportional employment share for ethnic minorities ("allochtonen" in Dutch) which the Government says obliges employers to produce annual reports on the composition of their workforce and their equality plans for the future. In its report, the Government notes the criticisms made by the Netherlands Employers' Federation (RCO) on this Act of which the Committee has not received details. Noting the information given regarding other measures designed to combat discrimination against ethnic minorities on the labour market, the Committee requests the Government to supplement this information by indicating the level and categories of jobs which have thus been provided, as well as the national extraction of the beneficiaries, and to supply information on the pilot projects established following the policy of career development for women belonging to ethnic minorities.

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

1. The Committee notes the Government's report and the information supplied in reply to its earlier comments on training for girls and women. It also notes the entry into force on 1 September 1994 of the General Equal Treatment Act which prohibits both direct and indirect discrimination on the basis of religion, philosophy of life, political convictions, race, sex, nationality, hetero- or homosexuality and marital status.

2. The Committee notes that the Netherlands Trade Union Confederation (FNV) commented in favour of the adoption, in 1994, of the Act promoting a proportional employment share for ethnic minorities ("allochtonen" in Dutch) which the Government says obliges employers to produce annual reports on the composition of their workforce and their equality plans for the future. In its report, the Government notes the criticisms made by the Netherlands Employers' Federation (RCO) on this Act of which the Committee has not received details. Noting the information given regarding other measures designed to combat discrimination against ethnic minorities on the labour market, the Committee requests the Government to supplement this information by indicating the level and categories of jobs which have thus been provided, as well as the national extraction of the beneficiaries, and to supply information on the pilot projects established following the policy of career development for women belonging to ethnic minorities.

3. With regard to the activities of the Commission on Equal Treatment for Men and Women in Employment, the Committee notes the figures for 1992 indicating that of 72 rulings made by the Commission, 48 related to direct discrimination and 11 to indirect discrimination, while in 13 cases, the Commission concluded that the law had not been infringed. The Committee also notes that following the adoption of the above-mentioned General Equal Treatment Act in 1994 and the Act on Equal Treatment of Men and Women, this Commission has been replaced by a new Commission with more extensive powers. The Government indicates, in particular, that the new Commission can bring cases before the courts with a view to having the behaviour in question declared illegal if it is in breach of the two above-mentioned laws, and of having its effects redressed. The new Commission may also, in giving rulings in cases submitted to it, address its recommendations directly to the perpetrators of the discriminatory behaviour in question. The Committee would be grateful if the Government would send with its next report copies of the instruments relating to the composition and powers of the new Commission.

4. The Government refers to the publication of a first report prepared subsequent to an investigation begun in 1993, by order of the Ministry of Social Affairs and Employment, to analyse the effect in jurisprudence of the legislation on equal treatment of men and women. The Committee welcomes the positive aspects reported by the Government on this subject; it would be grateful if the Government would send it a copy of the report as well as a copy of the second report relating to the effect of the relevant legislation on employers' behaviour and the possible adaptation of the legislation or other appropriate action.

5. On the question of development of women's employment in government service, the Committee observes that implementation of government policy has not resulted in reaching the objectives set for the period 1990-95, particularly for employment in senior posts. In fact, the overall development relates essentially to jobs in the lower categories while the proportion of women employed in the intermediate category remains stagnant. The Government reports on various activities aimed at improving the situation, and especially a study, initiated by the Ministry of Home Affairs, on whether the appointment of women to technical, financial and computing jobs is in accordance with the relevant supply in the labour market. The Committee requests the Government to send information on the conclusions of this study and also requests it to send with its next reports relevant excerpts from the six-monthly parliamentary reports it mentions concerning the Government's policy in favour of employing women in governmental service.

6. On the question of positive action by the Government in favour of employment of women in other sectors, the Committee notes with interest the detailed information concerning the financial assistance scheme designed to assist certain bodies with the necessary expenditure for developing measures concerning women's employment. It notes that, while the scheme has not met with the expected success in the business sector and large firms, it has worked well in the non-profit sector and in local authorities. The Government emphasizes the important role played by collective labour agreements in this respect in companies that have made use of the financial assistance scheme to conduct an affirmative action policy. Noting that the Women and Technology Consultancy should by now have published its report on the results of approaches made to technical companies encouraging them to apply for subsidies and on the assessment of what form of support these companies need, the Committee requests the Government to send information on these findings with its next report.

7. The Committee notes that the distinctions made under the Bills relating to equality of treatment between men and women will be permitted only in so far as they are made in favour of women. It also notes that adoption of these Bills has been deferred with a view to their being re-examined in the light of recent relevant jurisprudence of the European Court of Justice. The Committee hopes that its comments will be taken into account in these texts and requests the Government to send it copies as soon as they are published.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Referring to its previous direct requests, the Committee notes the information provided by the Government in its report and the attached documentation.

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

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

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

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

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

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

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

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

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

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

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

The Committee notes the information provided by the Government in its report and attached documentation.

1. The Committee notes with interest that, as a result of increased publicity, the first year of operation of the Reparation Act saw a substantial increase in the number of requests for advice made to the Commission on Equal Treatment for Men and Women in Employment. The Committee would be grateful if the Government would continue to furnish information concerning the activities of the Commission. Noting that the majority of these requests concerned group action, the Committee requests the Government to provide details on any cases in which this action is instituted, pursuant to section 20(a) of the above-mentioned Act.

2. The Committee notes with interest that an amendment to the Stevedores Act, which lifted the ban on women working as stevedores, was due to come into force in 1991; and that amendments would accordingly be made to the relevant safety and working-time provisions governing stevedores.

3. The Committee notes from the statistics provided by the Government that between 1986 and 1988 the participation of women increased slightly in central Government (from 24.4. to 25.7 per cent) in local government (28.3 to 30.5 per cent) and in the police service (5.8 to 6.7 per cent); and remained stable in education (at 44.7 per cent). The Committee recalls that in an earlier report (for the period July 1984 to June 1986) the Government referred to parliamentary proposals to increase women's employment rate in the public service which were being discussed between the Government and representatives of civil servants. The Committee requests the Government to indicate whether these proposals were pursued or whether consideration is being given to other measures to promote the employment and retention of women in the public sector.

4. The Committee notes with interest the measures taken - in particular by the National Office for the Prevention of Racial Discrimination (LBR) - to combat racial discrimination in the labour market which include: an examination of the personnel policies of municipalities, with a view to encouraging them to bring the number of immigrants they employ into proportion with the number of immigrants in the population of the municipality; advice and assistance to municipalities in this regard; a study on the position of immigrants in small- and medium-sized companies which indicated that immigrants are strongly under-represented in the workforce; and, in collaboration with the Netherlands Institute of Psychologists, setting up a procedure to screen the 20 psychological tests most commonly used in selection procedures for jobs and training courses for cultural bias and culture-specific or racists items.

The Committee also notes that, pursuant to the submission to Parliament of the plan "The Employment of Ethnic Minorities", various measures have been taken to facilitate the access to employment of minority groups viz: the target figure for the so-called 1,000-job plan for Moluccans, which was raised to 1,200, is expected to be reached by October 1991; a positive action plan has been introduced by the police corps and a similar plan, with target figures of 1 per cent for the intake of regulars into the different services of the armed forces, was expected to come into force after parliamentary debate.

The Committee would be grateful if the Government would continue to provide information on the results of these various initiatives and to furnish any relevant documentation, including a copy, when available, of the Code of Conduct aimed at eliminating racial discrimination by employment agencies (ABU-Code).

5. Further to its previous comment, the Committee notes with interest that for the period May 1988 to July 1990, 83 organisations availed themselves of the subsidy scheme established to pay for certain expenses in drawing up positive action programmes for women in disadvantaged situations. The Committee requests the Government to provide further information on the outcome of the scheme, in particular by furnishing a copy of the final evaluation report expected to be published at the end of 1993.

6. The Committee notes with interest that the Directorate General for Manpower Services has introduced various initiatives to increase the participation of girls and women at technical vocational training centres, including the development of information activities specifically aimed at women, part-time training, the provision of facilities such as child care, guidance on the special problems faced by women, and the requirement that, in 1989, a minimum of 10 per cent of places be reserved for women in these training centres. The Committee requests the Government to continue to provide information on the participation of women and girls in these courses, particularly in respect of those leading to occupations traditionally exercised by men.

7. The Committee requests the Government to provide, when enacted, a copy of the legislation supplementing the Criminal Code with provisions dealing with discrimination on the grounds of race, religion and belief, sex and sexual orientation, together with any information concerning measures for implementation.

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

The Committee notes the information supplied by the Government in its report in reply to its previous direct request. It also notes the report to the United Nations Human Rights Committee under Article 40 of the International Covenant on Civil and Political Rights (UN document CCPR/C/42/add.6, 1988).

1. The Committee notes with interest the Act on Equal Treatment of Men and Women, of 27 April 1989, which consolidates earlier legislation on equality of men and women, and on equal remuneration for women and men, and which provides for a single Commission on equal treatment of men and women at work. The Committee notes in particular that section 14 of the Act enables works councils and legal persons to petition the Commission on equal treatment of men and women at work. It hopes that the next report will provide information on the activities of the new Commission on equal treatment of men and women, including the number of requests made by works councils and legal persons, and on the results achieved through the recommendations made by that Commission in the promotion of equality of opportunity and treatment.

In this connection the Committee notes the statistical information, for the years 1983 through 1987, provided in the Government's report regarding numbers of requests for recommendations from the Commission on equal treatment of men and women. It requests the Government to indicate the reasons for the sharp diminution of such requests in 1987.

2. The Committee notes the subvention scheme established to pay for certain expenses in drawing up positive action programmes for women in disadvantaged situations. It requests the Government to indicate the progress achieved by means of that scheme.

The Committee further notes that the preparation of a brochure for works councils on equal treatment and positive action was awaiting the adoption of the new legislation on equal treatment of men and women at work. Following the adoption of that legislation, it hopes that the Government can provide information on the activities of works councils regarding equal treatment with its next report.

3. The Committee notes the information provided by the Government concerning amendments to labour legislation protective of women. In particular, the Government states that there are no further restrictions on women performing night work in industry, and that a proposed amendment to the Factories Act of 1919 would eliminate all other provisions which make a distinction by sex has been submitted to the Council of State. It also notes that a proposal to amend the Stevedores Act, to lift the ban on women working as stevedores, was submitted to the Second Chamber on 4 May 1988. Please continue to supply information on further progress in this connection. (In this connection the Committee wishes to draw the Government's attention to paragraphs 142 to 145 of its 1988 General Survey on Equality in Employment and Occupation.)

4. In its previous direct request, the Committee had noted parliamentary proposals to increase the number of women in the public service. It again requests the Government to supply information on the progress achieved in this respect.

5. The Committee also hopes that the next report will provide the information requested in its previous direct request on the participation of women and girls in vocational and professional training courses, in particular in relation to education which leads to occupations which are traditionally exercised by men.

6. The Committee notes that a Bill supplementing the Criminal Code was brought before Parliament in September 1987. The purpose of the Bill was to tighten up the provisions dealing with discrimination on the grounds of race, religion and belief, by adding sex and sexual orientation to the grounds on which discrimination is prohibited (sections 137(c)-(e), 429ter and quater).

The amendment also proposed broadening the scope of the prohibition of discrimination to apply to all forms of discrimination by any person, in the exercise of his or her "profession, business or public office". Please indicate whether the Bill has been adopted, and provide information on its practical effect.

7. The Committee notes with interest a series of measures which have been adopted to facilitate the access of ethnic minorities to employment, such as the repeal of the Act of 4 June 1858 regulating the appointment of aliens in the public administration, and the submission of the plan "The Employment of Ethnic Minorities" to Parliament, under which temporary, complementary individual training courses will be organised for minority groups. The Committee requests the Government to continue to supply information on the measures taken to promote equality of opportunity and treatment for ethnic minorities, and on the progress achieved. Please indicate in particular whether the number of members of minority groups employed in the public service has increased as a result of the state legislation, and the results achieved by the above-mentioned plan.

8. The Committee has noted that the National Anti-racial Discrimination Agency has given priority to combating racism on the job market; that a study it conducted among private employment agencies had shown that the agencies investigated practised discrimination on the grounds of race, to the disadvantage of persons from ethnic minorities; and that the Agency and the Association of Employment Agencies have jointly drawn up a Code of Conduct aimed at eliminating racial discrimination by the agencies. Please provide a copy of this Code of Conduct and of any other similar Code adopted, and provide information on the practical effects of such Codes.