Observation (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Pays-Bas (Ratification: 1973)

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.