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Legislation prohibiting discrimination. The Committee notes the amendment of the anti-discrimination legislation (now Consolidated Act No. 1349 of 16 December 2008 on Prohibition against Discrimination in the Labour Market), and Act No. 387 of 27 May 2008 on the Board of Equal Treatment. The Board of Equal Treatment became operational in 2009 and replaces the Board on Gender Equality and the Ethnic Equality Board. It can receive complaints regarding discrimination on the grounds of gender, race, colour, religion or belief, political opinion, sexual orientation, age, disability, or national, social or ethnic origin (section 17). The Committee welcomes the detailed information on case law relating to discrimination in employment and occupation. The Committee asks the Government to provide information on the application of the anti‑discrimination legislation, including relevant cases brought before the Board of Equal Treatment and the courts regarding discrimination at work.

Equality of opportunity and treatment irrespective of race, colour and national extraction. The Committee notes from the Government’s report that the employment rate of immigrants and descendants from non-Western countries has increased from 49.3 per cent in 2006 to 57 per cent in 2008. The employment rate of women from non-Western countries rose from 36 to 49 per cent between 2001 and 2008, while the employment rate among male immigrants from non-Western countries rose from 52 to 63 per cent during the same period. Given the lower employment rate among immigrants and their descendants from non-Western countries (the employment rate of native Danes in 2008 was 77 per cent), the Government considers that initiatives in this area are still needed, particularly in light of the economic crisis and its impact on the growing unemployment rate. The Committee also notes the information provided regarding the diversity programme targeting enterprises being implemented from 2006 to 2011, the initiatives by the integration team set up by the Ministry of Refugees, Immigration and Integration Affairs to improve employment especially among women of immigrant background, and the efforts in the area of vocational education and training. The Committee further notes that a new “Action Plan on Ethnic Equal Treatment and Respect for the Individual” was adopted in July 2010, which aims at engaging a multifaceted effort in combating racial discrimination, and promoting diversity and equal opportunities. The Committee asks the Government to provide further details regarding the initiatives promoting equal opportunities for men and women immigrants and their descendants from non‑Western countries, and on the activities implementing the new Action Plan on Ethnic Equal Treatment and Respect for the Individual, as well as information on the results achieved. Please continue to supply statistical information on the employment and unemployment rates, disaggregated by sex and, to the extent possible, by origin.

Discrimination based on gender. The Committee notes the explanation provided by the Government with respect to its previous comments regarding the high number of court cases concerning dismissal due to pregnancy or maternity leave, namely that the provision in the Act on Equal Treatment regarding the reversed burden of proof in cases about possible dismissal of pregnant women and employees on maternity leave has made it very difficult for employers to justify dismissal of the employee group in question. According to the Government, the option of submitting complaints to the Board of Equal Treatment has also further strengthened the employee’s legal position. The Committee notes the Government’s indication that case law on discrimination on the ground of gender is very extensive and that about 40 to 50 cases are being brought before the courts each year. The Committee asks the Government to continue to provide information on the evolving case law concerning gender discrimination in employment and occupation, with an indication of the number of cases concerning discriminatory dismissals on the basis of pregnancy and maternity leave that have been dealt with by the courts, the Board of Equal Treatment and the special Board of Dismissal in the context of the collective agreement system. Considering the high number of cases relating to dismissal on the grounds of pregnancy or maternity leave previously noted, the Committee nonetheless asks the Government to examine, in cooperation with the social partners, whether there is a need for further action to prevent and eliminate such type of discrimination.

Inherent requirements of the job. The Committee notes that, during the reporting period, no exemptions from the prohibition of discrimination in employment have been made under section 6(2) of the Act Prohibiting Discrimination in the Labour Market No. 1349 of 2008. With respect to section 5a(vi) of this Act permitting provisions in collective agreements treating persons under the age of 18 differently from persons beyond that age in respect of remuneration, employment and dismissal, the Committee notes the Government’s indication that the rationale behind this provision is to support young people’s integration in the labour market by providing them with the opportunity to gain work experience in the period before they turn 18. Parties to collective agreements should nevertheless ensure that the age limit concerned is objectively justified for a legitimate purpose. If the collective agreement does not comply with these conditions, the provisions in the Act on the prohibition against age discrimination will fully apply. The Committee asks the Government to provide copies of provisions in collective agreements treating persons under the age of 18 differently in respect of remuneration, employment and dismissal, and information on the reasons for such different treatment in the context of those agreements.

Referring to its previous comments regarding discrimination on the grounds of religion, the Committee notes the summary on law and practices concerning religious head coverings provided by the Government. Noting that the decision concerning the case in which the Supreme Court dealt with the question of women wishing to wear a headscarf at work (U2005.1265H), indicated as annexed to the report, was not received, the Committee asks the Government to provide a copy of this decision. Please continue to supply information on relevant decisions by the Board of Equal Treatment or the courts regarding religious head coverings in private and public employment.

Public employment services. With respect to the manner in which the new employment system and job centres contribute to enhancing gender equality in the labour market, the Committee notes that activities of the special equal opportunities unit have focused on strengthening knowledge and competences, as well as awareness of key persons and job centre employees regarding gender equality. The special unit has also established a network (Social and Health Think Tank) which aims to contribute to reducing gender segregation of the labour market by focusing on recruiting and retaining men in the social and health sector. The Committee asks the Government to continue to provide information on the activities of the special equal opportunities unit, including on recruiting and retaining men in the social and health sector, and in particular on the results achieved to address the gender segregation of the labour market.

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Equality of opportunity and treatment irrespective of race, colour and national extraction. The Committee notes that, according to the data provided by the Government, the employment rate of immigrants from non-Western countries slightly increased in 2006 (49.3 per cent against 46.5 in 2005). As regards women immigrants, their rate of employment also increased from 39.7 per cent in 2005 to 42.4 per cent in 2006; however, it remains lower than men immigrants’ rate of employment, amounting to approximately 57 per cent in 2006. Overall, the employment rates of both men and women immigrants remain lower than the employment rates of persons of Danish origin (about 77.3 per cent). The Committee notes that a number of initiatives have been taken with a view to promoting a greater integration of immigrants and refugees in the labour market, including training courses and upgrading of skills for the unemployed. Similar initiatives have also been taken under agreements between workers’ and employers’ organizations. The Committee requests the Government to continue to provide statistical information on unemployment rates, disaggregated by sex, and, to the extent possible, by race, colour and national extraction. The Committee also requests the Government to continue to supply information on the measures taken or envisaged to promote greater access of men and women with an immigrant background and refugees to the labour market as well as on the results achieved. The Committee further reiterates its request for information on the activities carried out by the Ethnic Equality Board and the Ethnic Data Centre.

Discrimination based on gender. The Committee notes from the information provided by the Government that a high number of gender discrimination cases brought before courts appear to relate to dismissal because of pregnancy or maternity leave. There was also an increase of cases concerning dismissal of men on parental leave. While the Committee considers the fact that such cases are being brought as an indication of the effectiveness of the legislation, it also notes that this may indicate that discrimination based on maternity and parenthood remains prevalent and would need to be addressed through specific measures, including through prevention. The Committee therefore requests the Government to provide information on any measures taken to prevent and eliminate discriminatory dismissals due to pregnancy or the taking of maternity or parental leave, including through sensitization campaigns. The Committee also requests the Government to continue to provide information on the evolving case law concerning gender discrimination in employment and occupation, including cases concerning sexual harassment.

Inherent requirements of the job. The Committee recalls that, under section 6(2) of the Act Prohibiting Discrimination in Employment, enterprises may be granted exemptions from the prohibition of discrimination in employment under certain circumstances. The Committee notes from the Government’s report that during the reporting period two such exemptions were granted, including to a slaughterhouse wishing to fill two vacancies as halal butchers specifically with two Muslim men, on the consideration that this was a necessary condition for exporting to Muslim countries. The Committee requests the Government to continue to provide information regarding any exemptions granted in accordance with section 6(2) of the Act Prohibiting Discrimination in Employment, specifying the reasons for according such exemptions.

The Committee also notes from the Government’s report that Act No. 240 of 27 March 2006 provides for an exemption from the principle of equal treatment in relation to the ground of age in that it permits provisions in collective agreements treating persons under the age of 18 differently from persons beyond that age in respect of remuneration. The Committee recalls that under the Convention distinctions are not deemed to be discriminatory if they are based on inherent requirements of the job and that Paragraph 2(b) of Recommendation No. 111 provides that “all persons should, without discrimination, enjoy equality of opportunity and treatment in respect of … remuneration for work of equal value”. The Committee requests the Government to provide detailed information on the manner and extent to which collective agreements provide for differential treatment of person under 18 years of age, and on the reasons for such differential treatment.

The Committee further notes from the Government’s report that the Supreme Court dealt with a case involving a Muslim women who wanted to wear a headscarf at work. According to the report, the Supreme Court found that the company regulations, which banned any kind of head coverings and required neutral appearance in respect to workers in a supermarket chain, were legitimate and did not constitute indirect discrimination on the ground of religion. The Committee requests the Government to provide the text of the decision with its next report. It also requests the Government to provide a summary of national law and practice concerning religious head coverings in private and public employment, including the Government’s own analysis regarding this issue in the light of its obligations under the Convention.

Public employment services. The Committee notes the entry into force of a new employment system and new job centres on 1 January 2007 mainstreaming the principle of equal opportunity at work. A special equal opportunities unit has been established to support the process of mainstreaming equality issues, including through provision of guidance, dissemination of information, development of new methods to enhance equal opportunities for women and men in the labour market, and monitoring and supporting the activities of job centres. The Committee requests the Government to supply detailed information on the manner in which the new employment system and job centres contribute to enhancing gender equality in the labour market. In this regard, the Committee requests the Government to provide information on the activities carried out by the special equal opportunities unit and on how progress is monitored.

Enforcement. The Committee thanks the Government for providing detailed information on the evolving case law concerning discrimination in employment and occupation. The Committee further notes that in 2007 a Bill was tabled providing for the establishment of a Board on Equal Treatment which would be charged with the task of examining cases of discrimination in the labour market on the grounds of gender, race, skin colour, religion or belief, political opinion, sexual orientation, age, disability and national, social or ethnic origin. The Committee understands that this Board will replace the various administrative bodies currently dealing with gender equality and ethnic discrimination. The Committee requests the Government to continue to provide information on judicial and administrative decisions concerning discrimination at work. The Committee also requests the Government to provide information on the developments concerning the adoption of the Bill establishing the Board on Equal Treatment.

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1. Article 1 of the Convention. Legislative developments. The Committee notes with interest that the Act on equal treatment of men and women concerning access to employment and maternity leave (as amended up to Notification No. 734 of 28 June 2006) has been amended with respect to the burden of proof in gender discrimination cases. Section 16a of the Act provides that, where the claimant shows facts from which it may be assumed that there has been direct or indirect discrimination, it shall be for the respondent to prove that there has been no breach of the principle of equal treatment. The Committee also notes with interest the adoption of the Gender Equality Act, which establishes a Gender Equality Board, mandated to examine sex discrimination complaints under the Equal Pay Act and the Gender Equality Act. The Committee requests the Government to provide information regarding the practical application of the new provisions. The Committee also requests the Government to provide additional information on any cases of gender discrimination examined by the Gender Equality Board, including the outcome of such cases.

2. Article 1(1)(b). Additional grounds of discrimination. The Committee notes with interest the Government’s statement that it intended to introduce age and disability as additional prohibited grounds of discrimination under the Act prohibiting discrimination in employment. The Committee understands that such amendments have since been adopted, pursuant to Notification No. 756 of 30 June 2004, and that section 1 of the Act now prohibits discrimination on the following grounds: race, colour, religion or belief, political opinion, sexual orientation, age, disability, national extraction, and social or ethnic origin. The Committee welcomes the protection provided regarding the additional grounds of discrimination, and requests the Government to provide information on the practical application of the amendments.

3. Article 1(2). Inherent requirements of the job. The Committee recalls its previous comments concerning section 6(2) of the Act prohibiting discrimination in employment (Act No. 459 of 1996), under which enterprises may be granted exemptions from the prohibition of discrimination in employment for reasons of political or religious opinion. It notes the Government’s statement that no further exemptions have been requested or granted. It also notes the Government’s statement that the Ministry of Employment considers that the principle of proportionality should be used in connection with the evaluation of specific cases, with the loyalty obligation viewed in relation to the tasks to be performed. The Committee asks the Government to continue providing information regarding any exemptions obtained under section 6(2) of the Act prohibiting discrimination in employment, indicating the reasons for granting such exemption.

4. The Committee notes further the Government’s statement that it is possible for an employer to present a request to the competent Ministry to obtain an exemption from the Act prohibiting discrimination in employment if it is of decisive importance to the enterprise or the training/education course that the person in question be of a certain race, political opinion, sexual orientation, national extraction, social or ethnic origin or has a certain colour or belongs to a certain religion. It notes that the Ministry of Employment shall have the opportunity to express its opinion in this context. The Committee requests the Government to provide information regarding the number of exemptions that have been requested and those obtained, and the nature of such exemptions.

5. Article 2. Discrimination based on race, colour and national extraction. The Committee notes with interest the adoption of the Ethnic Equal Treatment Act (Act No. 374 of 28 May 2003) aimed at preventing discrimination and promoting equal treatment of all, irrespective of race or ethnic origin. The Committee understands that the Integration Act (Act No. 643 of 2001) was also recently amended (by Notification No. 902 of 31 July 2006). The Committee requests the Government to provide information on the practical application of the Ethnic Equal Treatment Act and the amendments to the Integration Act in addressing discrimination based on race, colour and national extraction.

6. The Committee notes from the statistical information available that the unemployment rate in 2002 for persons of Danish origin was 5.2 per cent (5 per cent in 2000) and has slightly decreased for people with other ethnic backgrounds to 11.5 per cent, compared with 13.3 per cent in 2000. It also notes that the unemployment rate of descendants of persons with ethnic backgrounds (persons born in Denmark of whom neither of the parents are Danish citizens born in Denmark) was 7.4 per cent (7.3 per cent for men and 7.6 per cent for women), compared with 11.5 per cent for migrants (11.1 per cent for men and 12.1 per cent for women). The Committee also notes that to improve the statistical base of information, a guide concerning employers documenting their staff composition is being prepared, in cooperation with the Institute of Human Rights. The Committee requests the Government to provide a copy of the guide to employers on documenting their staff composition, and asks the Government to continue to provide the available statistical information on unemployment rates, disaggregated by sex and, to the extent possible, by race, colour and national extraction.

7. The Committee notes that the Government commends the social partners for their continuous work aimed at changing attitudes on the labour market. The Committee notes the wide range of measures that continue to be undertaken by all parties concerned. With respect to the major reform of the integration and labour market fields in 2002 and 2003, the Committee notes that, after their three-year integration period, refugees and migrants are now covered by general employment measures and that the special measures previously applied expired at the end of 2003. The Committee further notes that with the aim of changing attitudes and strengthening contact between ethnic minority groups and enterprises, funds have been allocated to establish special placement units in the regions where there is a concentration of refugees and migrants, and that the trial period for this project has been extended until 2006. With respect to making use of migrants’ and refugees’ qualifications and competences, the Committee notes that the Government envisaged the establishment of a special clarification of competence units. The Committee also notes the role of collective agreements in promoting the integration of workers from ethnic minorities, as described in the Government’s report. The Committee requests the Government to continue to provide information on promotional measures undertaken or envisaged to assist the integration of migrants and refugees in Denmark and to provide information on results obtained. Please also provide information on activities carried out by the Ethnic Equality Board and the Ethnic Data Centre.

8. Part III of the report form. Authorities. The Committee notes with interest the establishment in 2002 of the Institute for International Studies and Human Rights, which is mandated to assist victims of discrimination. It also notes that the Ethnic Equal Treatment Act is under the competence of the Ministry of Refugees, Immigrants and Integration. The Committee requests the Government to provide additional information in its next report on measures taken or envisaged by the Institute of International Studies and Human Rights to promote equal treatment and opportunities in employment and occupation, and to provide detailed information on its activities undertaken to assist victims of discrimination. It also asks the Government to provide information on measures taken or envisaged by the Ministry of Refugees, Immigrants and Integration with respect to promoting equal opportunity and treatment of ethnic minorities in employment and occupation.

9. Part IV of the report form. Case law. The Committee notes the Government’s statement that, during the reporting period, there was extensive case law on sexual discrimination and, since its last report in 2001, it is aware of 45 court decisions concerning discrimination in relation to pregnancy and maternity leave and six concerning sexual harassment. It also notes the Government’s statement that the Ministry of Employment is aware of some cases based on the Act prohibiting discrimination in respect of employment which have been brought up in civil courts but that all cases have been settled and the Ministry has no specific information on the contents of the cases. The Committee requests the Government to continue providing information regarding the case law concerning discrimination in employment and occupation.

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

1. In relation to section 6(2) of the Act prohibiting discrimination in respect of employment (Act No. 459 of 1996), under which enterprises may be granted exemptions from the prohibition of discrimination in employment for reasons of political or religious opinion, the Committee notes the Government’s statement that another two exemptions have been granted since its last report. It notes that the Copenhagen employment service has obtained exemption for the employment of a number of ethnic consultants to promote the integration of ethnic minorities in the labour market in view of their knowledge of the networks and cultures of minority groups. The Committee also notes that the Documentation and Advice Centre on Racial Discrimination in Denmark (DCR), an NGO combating discrimination against ethnic minorities, has been granted an exemption to emphasize the importance of advertising for and employing people with backgrounds other than Danish. In this respect, the Committee notes the Government’s statement that the principle of proportionality should apply. The Committee requests the Government to continue providing information concerning exemptions granted under section 6(2) of the Act prohibiting discrimination in respect of employment.

2. The Committee notes with interest the copies of judicial decisions under the Act prohibiting discrimination in respect of employment (No. 459 of 1996) provided by the Government. It notes the case in which the Eastern Division of the Danish High Court (decision of 5 April 2001, case No. B-0877-00) decided that unjustified dismissal from vocational training constituted indirect discrimination and granted compensation. The Committee also notes that reference was made in this decision to the Convention, the UN Convention on the Elimination of Racial Discrimination, and the European Convention on Human Rights. The Committee also notes the ruling of the Western Division of the Danish High Court of 25 October 2000 (case No. B-1274-99) that unjustified dismissal from employment constituted indirect discrimination of religious freedom. The Committee further notes the Government’s statement that the case law on sex discrimination is very extensive and that there are an increasing number of cases involving pregnancy and maternity leave, as well as sexual harassment. It notes the Government’s statement that since its last report in 1999 it is aware of 30 court decisions concerning discrimination in relation to pregnancy and maternity leave and seven on sexual harassment. The Committee requests the Government to continue to provide information concerning case law concerning discrimination.

3. The Committee notes the consolidation of the Act on the Integration of Aliens in Denmark (Act No. 643 of 28 June 2001). It notes the two reports issued in January and February 2000 by the tripartite committee on the integration of immigrants and refugees into the labour market and their recommendations to improve the employment of ethnic minorities, to make use of immigrants’ and refugees’ qualifications and competences, improving the availability of vocational training, language courses, and labour market guidance for young foreign nationals, language courses, and to carry out research and analysis of the situation of foreign nationals in the labour market. It also notes the other initiatives adopted, such as the bridge-builder scheme adopted in 2000, which is a three-year pilot project to promote the incentives of private employers to recruit unemployed persons with ethnic backgrounds other than Danish. It also notes that at the beginning of 2000 the Government decided that special resources would be allocated to ensure that the above unemployed persons are offered teaching in Danish at a very early stage of their unemployment so that the lack of language skills does not prevent them from obtaining a job or participating in ordinary activation programmes. The Committee further notes the project launched in 2001 for increased registration and clarification documentation of the skills of unemployed ethnic minorities and the special education initiative in the public employment services with a view to training the staff in the field in the integration of refugees and immigrants. The Committee requests the Government to provide information on the measures taken to address and eliminate discrimination of immigrants and refugees and their families in employment and occupation on the basis of race, national extraction, colour and religion.

4. The Committee notes the Government’s statement that an Ethnic Equality Board and an Ethnic Data Centre were established in 2000. The Committee requests the Government to provide more detailed information with its next report on the activities carried out by the above Board and Centre with a view to promoting the employment opportunities of persons with different ethnic origins.

5. In relation to National Labour Market Authority Circular No. 6/98 of 29 October 1998 issuing guidelines on placement activities for unemployed persons who belong to an ethnic minority, the Committee notes that the National Labour Market Authorities holds a hearing of the employment service every year to examine whether there are cases of enterprises not wishing to employ persons from ethnic minority groups or which are responsible for discrimination in any other way. The Committee notes the Government’s statement that between March 2000 and February 2001 there were 23 such cases in total, and that in 21 of these cases the employment service entered into dialogue with the enterprise concerned which changed its requirements, and that there were only two cases in which the employment service has broken off cooperation with enterprises. The Committee therefore requests the Government to provide information with its next report on the action taken when cooperation is broken off in such cases.

6. The Committee notes the statistical information on the unemployment rates for immigrants. It notes that the unemployment rate in 2000 for persons of Danish origin was 5 per cent, compared to 13.3 per cent for people with other ethnic backgrounds. The Committee notes that the unemployment rate of descendants of persons with ethnic backgrounds (persons born in Denmark of whom neither of the parents are Danish citizens born in Denmark) was 7.5 per cent, compared with 13.9 per cent for their parents. However, it notes the Government’s statement that the labour force participation of such descendants is relatively low which may explain their comparatively low unemployment rate. The Committee requests the Government to continue providing statistical information with its next report on the labour market situation of both female and male immigrants and refugees.

7. The Committee notes the statistical information provided by the Government and its statement that the unemployment rate for women is decreasing. It notes that the unemployment rate for women was 7 per cent in 1999 and 6.7 per cent in 2001, compared with 8.7 per cent in 1998. The Committee requests the Government to continue to provide statistical information on the situation of men and women in the labour market including their participation rates in various occupations and levels of decision-making.

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The Committee notes with interest the adoption on 30 May 2000 of the Act on equality between men and women (Act No. 388 of 2000), as amended by Act No. 396 of 6 June 2002. It notes that the purpose of the Act is to promote gender equality and to combat direct and indirect sex discrimination, and sexual harassment. It notes that section 2(1) of the Act states that every employer, authority or organization shall treat men and women equally in the public administration and in occupation and general activities. The Committee notes the establishment of the Danish Equal Opportunities Board, and the Equal Opportunities Knowledge Centre, in which the principal labour market organizations are represented. The Danish Equal Opportunities Board is competent to examine complaints under this Act, as well as complaints concerning discrimination made under: the Act on equal remuneration for men and women (Act No. 983 of 20 November 2001); the Act on equal treatment between men and women as regards access to employment and maternity leave (Act No. 895 of 10 October 2001); and the Act on equal treatment between men and women in relation to occupational social security schemes (Act No. 775 of 29 August 2001).

The Committee welcomes these initiatives to improve the legislative, administrative and enforcement framework to combat gender discrimination and promote gender equality and requests the Government to provide information on the impact of these initiatives to improve the position of women in the labour market and eliminate discrimination. It looks forward to receiving information on similar measures taken to address ethnic and racial discrimination

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

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

The Committee notes the information in the Government’s report, and the attached documentation. As many of the documents were in Danish, and it was not possible to have them all translated, the following comments are raised on the basis of a preliminary consideration of some of the documents only.

1. The Committee notes the information regarding Act No. 459 of 1996 which prohibits direct and indirect discrimination on the grounds of race, colour, religion, political opinion, sexual orientation, national extraction or social or ethnic origin. It also notes with interest the judicial decisions brought under the Act relating to discrimination on race, religion and gender (sexual harassment, pregnancy, and equal pay), and that one of the cases also invokes the Convention (Case No. B 2732 97 of 21 October 1998). The Committee further notes that one of the cases involves sexual orientation, a ground covered by Act No. 459 of 1996, and one which the Government indicates is under consideration to be established as a prohibited ground of discrimination under Article 1, paragraph 1(b), of the Convention. The Committee requests the Government to continue to provide information on the implementation of the Act, relevant judicial decisions and measures to expand the coverage of the Convention to cover other grounds as provided for under the Act.

2. The Committee notes that section 6 of Act No. 459 includes an exception to the non-discrimination principle whereby enterprises created for the express objective of promoting a particular political opinion or religious belief have the right to require its employees to share that same political opinion or religion. It also notes that permission of the Ministry of Labour is required for exemption from the Act’s prohibition from discrimination and that the Ministry assesses requests for permission on the "principle of proportionality". The Committee also notes that such exemptions are determined on the basis of the importance of the position to the enterprise, and that the Ministry of Labour strives to ensure a uniform application of the exception. The Committee requests the Government to provide in future reports information on any exemptions granted under this provision of the Act.

3. The Committee notes from the information provided with the Government’s report that the rate of unemployment for women was consistently higher than that of men during 1993-99, e.g. 7 per cent and 5.3 per cent respectively for 1999. It notes also that this is the same for women from ethnic minority communities, in particular among women coming from Africa and Asia. Noting the measures taken to strengthen the participation of women in the labour force, including women from different ethnic backgrounds, the Committee asks the Government to continue to provide information on these activities and their impact.

4. The Committee notes from the Government’s report on Ethnic Discrimination in the Labour Market (Ministry of Labour, July 1997) that "unemployment among foreign nationals is disproportionately high" compared with the rest of the national population, and it notes the statistical information attesting to this fact. It notes with interest the various measures taken and planned to combat ethnic discrimination in the labour market, in particular the action plan drawn up by the "barrier committee" composed of representatives of the social partners, relevant ministries and the Council of Immigrants; the network of ethnic consultants, educational and vocational guidance, language training courses; the inter-ministerial working group on ethnic discrimination in the labour market and the Board for Ethnic Equality. The Committee also notes the measures to increase recruitment of ethnic minorities to the police force and the "ice-breaker scheme" to facilitate the access of persons with higher educational qualifications from different racial backgrounds to the Danish labour market, among other such efforts. The Committee requests the Government to provide further information in its next report on the results of the above measures and any other initiatives to combat ethnic discrimination in the labour market, including relevant statistical information.

5. The Committee notes that the National Labour Market Authority’s Circular No. 6/98 of 29 October 1998 on guidelines for placement activities for unemployed ethnic minority workers replaces Circular No. 14/95 of 13 November. It also notes that where an employer lists discriminatory requirements in a job order specification sent to the Public Employment Service (PES), and that these requirements are not essential to the performance of the job, then the Public Employment Service has to try and persuade the employer to withdraw the discriminatory requirements. The Committee notes further that if this fails, it must then inform the employer in writing that it can no longer refer any applicants to that specific employer, and that it can also report the employer to the police. It requests the Government to provide information on the number of such notifications, their results and whether this has led to any prosecutions.

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The Committee notes the information in the Government’s report, and the attached documentation. As many of the documents were in Danish, and it was not possible to have them all translated, the following comments are raised on the basis of a preliminary consideration of some of the documents only.

1.  The Committee notes the information regarding Act No. 459 of 1996 which prohibits direct and indirect discrimination on the grounds of race, colour, religion, political opinion, sexual orientation, national extraction or social or ethnic origin. It also notes with interest the judicial decisions brought under the Act relating to discrimination on race, religion and gender (sexual harassment, pregnancy, and equal pay), and that one of the cases also invokes the Convention (Case No. B-2732-97 of 21 October 1998). The Committee further notes that one of the cases involves sexual orientation, a ground covered by Act No. 459 of 1996, and one which the Government indicates is under consideration to be established as a prohibited ground of discrimination under Article 1, paragraph 1(b), of the Convention. The Committee requests the Government to continue to provide information on the implementation of the Act, relevant judicial decisions and measures to expand the coverage of the Convention to cover other grounds as provided for under the Act.

2.  The Committee notes that section 6 of Act No. 459 includes an exception to the non-discrimination principle whereby enterprises created for the express objective of promoting a particular political opinion or religious belief have the right to require its employees to share that same political opinion or religion. It also notes that permission of the Ministry of Labour is required for exemption from the Act’s prohibition from discrimination and that the Ministry assesses requests for permission on the "principle of proportionality". The Committee also notes that such exemptions are determined on the basis of the importance of the position to the enterprise, and that the Ministry of Labour strives to ensure a uniform application of the exception. The Committee requests the Government to provide in future reports information on any exemptions granted under this provision of the Act.

3.  The Committee notes from the information provided with the Government’s report that the rate of unemployment for women was consistently higher than that of men during 1993-99, e.g. 7 per cent and 5.3 per cent respectively for 1999. It notes also that this is the same for women from ethnic minority communities, in particular among women coming from Africa and Asia. Noting the measures taken to strengthen the participation of women in the labour force, including women from different ethnic backgrounds, the Committee asks the Government to continue to provide information on these activities and their impact.

4.  The Committee notes from the Government’s report on Ethnic Discrimination in the Labour Market (Ministry of Labour, July 1997) that "unemployment among foreign nationals is disproportionately high" compared with the rest of the national population, and it notes the statistical information attesting to this fact. It notes with interest the various measures taken and planned to combat ethnic discrimination in the labour market, in particular the action plan drawn up by the "barrier committee" composed of representatives of the social partners, relevant ministries and the Council of Immigrants; the network of ethnic consultants, educational and vocational guidance, language training courses; the inter-ministerial working group on ethnic discrimination in the labour market and the Board for Ethnic Equality. The Committee also notes the measures to increase recruitment of ethnic minorities to the police force and the "ice-breaker scheme" to facilitate the access of persons with higher educational qualifications from different racial backgrounds to the Danish labour market, among other such efforts. The Committee requests the Government to provide further information in its next report on the results of the above measures and any other initiatives to combat ethnic discrimination in the labour market, including relevant statistical information.

5.  The Committee notes that the National Labour Market Authority’s Circular No. 6/98 of 29 October 1998 on guidelines for placement activities for unemployed ethnic minority workers replaces Circular No. 14/95 of 13 November. It also notes that where an employer lists discriminatory requirements in a job order specification sent to the Public Employment Service (PES), and that these requirements are not essential to the performance of the job, then the Public Employment Service has to try and persuade the employer to withdraw the discriminatory requirements. The Committee notes further that if this fails, it must then inform the employer in writing that it can no longer refer any applicants to that specific employer, and that it can also report the employer to the police. It requests the Government to provide information on the number of such notifications, their results and whether this has led to any prosecutions.

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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 entry into force on 1 July 1996 of Act No. 459 of 1996 concerning the prohibition of discrimination on the labour market. It notes that the Act contains, inter alia, a specific prohibition against direct and indirect discrimination based on the seven grounds laid down in the Convention (section 1), prohibition of discrimination with regard to recruitment, dismissal, change of contract, promotion and conditions of work and pay (section 2), as well with regard to access to vocational training (section 3), and provides for compensation and fines for violations of the Act (sections 7 and 8). Bearing in mind the Government's statement that this law is so new that it is premature to evaluate its effect, the Committee requests the Government to provide information on any evaluation conducted on the impact of the new law and to inform it of the results. In addition, the Committee requests the Government to provide information on any complaints lodged under the new Act and their outcomes. Noting that the Act also prohibits discrimination on the basis of sexual orientation, the Committee also requests the Government to indicate whether it intends to determine, following the procedure laid down in under Article 1, paragraph 1(b), of the Convention, "sexual orientation" as one of the grounds of prohibited discrimination under the Convention.

2. The Committee notes that a 1995 circular, laying down placement guidelines for unemployed persons who belong to an ethnic minority group in connection with the handling of job offers in the public employment service. The circular stipulates that the public employment service cannot assist in filling a concrete job order when an employer lays down overt or covert discriminatory requirements. The service must inform the employer in writing where the employer sets forth discriminatory job requirements. It requests the Government to provide information on the number of such notifications and the possibilities available to prosecute the employer in such cases.

3. The Committee notes the information provided on the effectiveness of the 18 initiatives undertaken by the Ministries of Labour and Education since 1994 within the framework of the action plan to break down barriers to ethnic minorities' access to the labour market, as well as the activities undertaken by the Ministry of Labour to combat ethnic discrimination in employment and those of the inter-ministerial working group on ethnic discrimination. Noting the Government's statement that the action plan has led to the establishment of a sound foundation of experience on which future initiatives will be built, the Committee requests the Government to inform it of future initiatives and their results if implemented.

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1. The Committee notes with interest the entry into force on 1 July 1996 of Act No. 459 of 1996 concerning the prohibition of discrimination on the labour market. It notes that the Act contains, inter alia, a specific prohibition against direct and indirect discrimination based on the seven grounds laid down in the Convention (section 1), prohibition of discrimination with regard to recruitment, dismissal, change of contract, promotion and conditions of work and pay (section 2), as well with regard to access to vocational training (section 3), and provides for compensation and fines for violations of the Act (sections 7 and 8). Bearing in mind the Government's statement that this law is so new that it is premature to evaluate its effect, the Committee requests the Government to provide information on any evaluation conducted on the impact of the new law and to inform it of the results. In addition, the Committee requests the Government to provide information on any complaints lodged under the new Act and their outcomes. Noting that the Act also prohibits discrimination on the basis of sexual orientation, the Committee also requests the Government to indicate whether it intends to determine, following the procedure laid down in under Article 1, paragraph 1(b), of the Convention, "sexual orientation" as one of the grounds of prohibited discrimination under the Convention.

2. The Committee notes that a 1995 circular, laying down placement guidelines for unemployed persons who belong to an ethnic minority group in connection with the handling of job offers in the public employment service. The circular stipulates that the public employment service cannot assist in filling a concrete job order when an employer lays down overt or covert discriminatory requirements. The service must inform the employer in writing where the employer sets forth discriminatory job requirements. It requests the Government to provide information on the number of such notifications and the possibilities available to prosecute the employer in such cases.

3. The Committee notes the information provided on the effectiveness of the 18 initiatives undertaken by the Ministries of Labour and Education since 1994 within the framework of the action plan to break down barriers to ethnic minorities' access to the labour market, as well as the activities undertaken by the Ministry of Labour to combat ethnic discrimination in employment and those of the inter-ministerial working group on ethnic discrimination. Noting the Government's statement that the action plan has led to the establishment of a sound foundation of experience on which future initiatives will be built, the Committee requests the Government to inform it of future initiatives and their results if implemented.

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1. The Committee notes with interest the entry into force on 1 August 1997 of Act No. 286 of 1996 concerning the use of health information in the labour market. It notes that the Act contains, inter alia, a general prohibition of unjustified use of information on the status of health of an employee for the purpose of limiting the employee's possibility to obtain or maintain employment (section 1), the conditions in which an employer may request and require information (sections 2 to 5), the extent of the employee's obligation to provide information (sections 6 and 7), and provides for compensation and fines for violations of the Act (sections 12 to 14). The Committee would be grateful if the Government would indicate whether it has given consideration to the possibility of determining, following the procedure available in Article 1, paragraph 1(b), of the Convention, "state of health" as a further ground of prohibited discrimination under the Convention.

2. 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 matter raised in its previous request, which reads as follows:

It also notes the information supplied by the Government in response to its previous direct request on the remedial procedures available for workers alleging discrimination on the grounds of race, national extraction, political opinion or social origin. The Government states that it considers the current legislative mechanisms related to discrimination in employment to be inadequate. Noting that the Government has initiated a process to introduce new legislation in this field, based on the principles of the Convention, by spring 1996, the Committee asks the Government to keep it informed of developments in this regard and to supply a copy of the new Act, once adopted.

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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. In its previous comments, the Committee noted that Act No. 244 of 19 April 1989 (enacted as Consolidation Act No. 686 of 11 October 1990) revised the Equal Treatment Act, 1978, by consolidating the legislation on maternity leave (Consolidation Act No. 101 of 6 March 1987) and the legislation on equal treatment of men and women in employment (Consolidation Act No. 572 of 28 August 1986) and empowering the Equal Opportunities Council to examine, on request or at its own initiative, all matters falling under the Equal Treatment Act. The Committee notes with interest the information provided by the Government on the number of cases brought before the Council concerning dismissals in connection with pregnancy and maternity, recruitment, promotion, training and terms of employment. The Committee would be grateful if the Government would continue supplying information in this regard, including copies of recent decisions rendered by the Equal Opportunities Council, within the field of the Convention.

2. The Committee further notes that, pursuant to section 4 of Act No. 427 of 13 June 1990 on equality between men and women in connection with appointments to certain boards in state administration authorities, all ministries are required to report to the Prime Minister every third year on developments in equal representation of both sexes on these boards. The Committee notes that the first report to the Prime Minister is due by the end of 1993 and hopes that the Government will provide a copy of this report.

3. The Committee is grateful to the Government for providing a copy of the legislation concerning protection against dismissal due to organizational matters (Act No. 285 of 9 June 1982 and Consolidation Act No. 443 of 13 June 1990).

4. The Committee notes with interest the information provided by the Government concerning the National Action Plan for Equality in the public sector. The Committee is grateful to the Government for providing the report submitted to Parliament on the progress achieved in the implementation of the Plan for Equality by the ministries for 1987-90, and requests the Government to continue supplying information on any measures to further implement the Action Plan, including statistical data and Parliament's evaluations of the Plan. The Committee also requests the Government to provide further information on measures being taken or contemplated, and the results achieved, by the Equal Opportunities Council to promote equality of opportunity and treatment in employment and occupation.

5. In its previous comments, the Committee noted from the Government's report the information on the measures available to private sector workers who allege discrimination on the basis of race, which include the right to bring proceedings under the relevant provisions of the Penal Code. The Committee also noted the Government's indication that collective agreements are considered the most effective means of ensuring compliance with the principle of non-discrimination on the basis of race or other grounds, and that workers who consider that their rights under collective agreements have been violated may bring action before the Industrial Court. The Committee notes the Government's further indication in its latest report that the collective agreements it has knowledge of do not contain express clauses on protection against discrimination in employment and occupation on account of race, national extraction, political opinion or social origin. The Committee therefore requests the Government to provide full information on the remedial procedures available for and actually used by workers alleging discrimination on any of the above grounds. The Committee would also be grateful if the Government would supply in its next report copies of judicial decisions and authoritative interpretations which concern discriminatory practices under the relevant legislation, including any recent decisions issued by the Industrial Court which concern collective agreements containing terms expressly prohibiting discrimination in employment and occupation on the basis of race, national extraction, political opinion or social origin.

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1. The Committee notes with interest the Government's replies to its previous direct request concerning the implementation of the law against sex-based discrimination in employment, in particular the statistics demonstrating the improving situation of women on the boards of state administration authorities.

2. It also notes the information supplied by the Government in response to its previous direct request on the remedial procedures available for workers alleging discrimination on the grounds of race, national extraction, political opinion or social origin. The Government states that it considers the current legislative mechanisms related to discrimination in employment to be inadequate. Noting that the Government has initiated a process to introduce new legislation in this field, based on the principles of the Convention, by spring 1996, the Committee asks the Government to keep it informed of developments in this regard and to supply a copy of the new Act, once adopted.

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

1. In its previous comments, the Committee noted that Act No. 244 of 19 April 1989 (enacted as Consolidation Act No. 686 of 11 October 1990) revised the Equal Treatment Act, 1978, by consolidating the legislation on maternity leave (Consolidation Act No. 101 of 6 March 1987) and the legislation on equal treatment of men and women in employment (Consolidation Act No. 572 of 28 August 1986) and empowering the Equal Opportunities Council to examine, on request or at its own initiative, all matters falling under the Equal Treatment Act. The Committee notes with interest the information provided by the Government on the number of cases brought before the Council concerning dismissals in connection with pregnancy and maternity, recruitment, promotion, training and terms of employment. The Committee would be grateful if the Government would continue supplying information in this regard, including copies of recent decisions rendered by the Equal Opportunities Council, within the field of the Convention.

2. The Committee further notes that, pursuant to section 4 of Act No. 427 of 13 June 1990 on equality between men and women in connection with appointments to certain boards in state administration authorities, all ministries are required to report to the Prime Minister every third year on developments in equal representation of both sexes on these boards. The Committee notes that the first report to the Prime Minister is due by the end of 1993 and hopes that the Government will provide a copy of this report.

3. The Committee is grateful to the Government for providing a copy of the legislation concerning protection against dismissal due to organizational matters (Act No. 285 of 9 June 1982 and Consolidation Act No. 443 of 13 June 1990).

4. The Committee notes with interest the information provided by the Government concerning the National Action Plan for Equality in the public sector. The Committee is grateful to the Government for providing the report submitted to Parliament on the progress achieved in the implementation of the Plan for Equality by the ministries for 1987-90, and requests the Government to continue supplying information on any measures to further implement the Action Plan, including statistical data and Parliament's evaluations of the Plan. The Committee also requests the Government to provide further information on measures being taken or contemplated, and the results achieved, by the Equal Opportunities Council to promote equality of opportunity and treatment in employment and occupation.

5. In its previous comments, the Committee noted from the Government's report the information on the measures available to private sector workers who allege discrimination on the basis of race, which include the right to bring proceedings under the relevant provisions of the Penal Code. The Committee also noted the Government's indication that collective agreements are considered the most effective means of ensuring compliance with the principle of non-discrimination on the basis of race or other grounds, and that workers who consider that their rights under collective agreements have been violated may bring action before the Industrial Court. The Committee notes the Government's further indication in its latest report that the collective agreements it has knowledge of do not contain express clauses on protection against discrimination in employment and occupation on account of race, national extraction, political opinion or social origin. The Committee therefore requests the Government to provide full information on the remedial procedures available for and actually used by workers alleging discrimination on any of the above grounds. The Committee would also be grateful if the Government would supply in its next report copies of judicial decisions and authoritative interpretations which concern discriminatory practices under the relevant legislation, including any recent decisions issued by the Industrial Court which concern collective agreements containing terms expressly prohibiting discrimination in employment and occupation on the basis of race, national extraction, political opinion or social origin.

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The Committee has taken note of the information supplied by the Government in reply to its previous observation concerning the implementation of Act No. 408 of 23 June 1988, establishing the Danish International Ships' Register.

The Committee notes that, in a communication dated 15 April 1992, the Danish Confederation of Professional Associations (AC) observed that Act No. 929 of 27 December 1991 on Employment Opportunities for Unemployed Members of the Workforce, which introduced a provision limiting the maximum wage of persons employed in the public sector as part of the employment opportunity scheme, imposes differential treatment between workers performing work of equal value in the public and the private sectors respectively. According to this organization, this amounted to discrimination in the sense of Convention No. 111. In its reply, the Government states that any infringement of the Convention must be based on the criteria listed in Article 1, paragraph 1(a), of the Convention; none of these criteria has a bearing on the facts of this case and Denmark has not specified any additional criteria under Article 1, paragraph 1(b), of the Convention. The Committee notes that the distinctions established by Act No. 929 of 27 December 1991 do not appear to be based on the grounds covered by Article 1, paragraph 1, of the Convention and are therefore not covered by the Convention.

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The Committee notes the information contained in the Government's report and attached documentation in reply to its previous direct request.

1. The Committee notes that Act No. 244 of 19 April 1990 revises the Equal Treatment Act 1978 by (i) consolidating into a single Act the legislation on maternity leave (Consolidation Act No. 101 of 6 March 1987) and the legislation on equal treatment of men and women in employment (Consolidation Act No. 572 of 28 August 1986); (ii) strengthening the position of the Equal Opportunities Council by empowering the Council to examine, on request or at its own initiative, all matters falling under the Equal Treatment Act. The Committee also notes that, pursuant to Act No. 157 of April 1985 on equality between men and women in connection with the appointment of members to public committees, Act No. 427 of 13 June 1990 has been enacted to ensure equality between men and women in connection with appointments in certain boards in state administration authorities. The Committee would be grateful if the Government would continue to provide information concerning measures taken pursuant to these various enactments. It also requests the Government to provide copies of the legislation referred to by the Government concerning protection against dismissal due to organisational measures (Act No. 285 of 9 June 1989 and the amending Act No. 347 of 29 May 1990).

2. The Committee notes that the Equal Opportunities Council gave high priority in 1989 to projects concerning women and management, women at work, equal opportunities in primary schools and men's role in the equality process, and, in this connection, produced books, brochures and videos to better disseminate information on equality. The Committee requests the Government to continue to supply information on the measures taken by the Council to promote equality, together with details on any evaluation done of its programmes. It also requests the Government to provide information on any measures to further implement the National Action Plan for Equality, including in particular the report to be submitted to Parliament concerning the implementation of equality by the ministries for 1987-90.

3. The Committee notes the information provided by the Government concerning the measures available to private sector workers who allege discrimination on the basis of race, which include the right to bring proceedings under the relevant provisions of the Penal Code. The Committee notes, however, that collective agreements are considered the most effective means of ensuring compliance with the principle of non-discrimination, as concerns race or other grounds, and that workers who consider that their rights under collective agreements have been violated may bring action before the Industrial Court. The Committee requests the Government to indicate whether specific provision is made in collective agreements to protect against discrimination in employment and occupation on the grounds of race, national extraction, political opinion or social origin.

4. Information provided by the Government concerning equal pay for men and women will be considered by the Committee under Convention No. 100.

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In its previous observation following comments made by the Federation of Danish Trade Unions (LO), the Danish Seamen's Union and the Federation of Danish Public Servants' and Salaried Employees' Organisations (FTF), the Committee had raised the question of the compatibility with the Convention of section 10 of the Act on the Danish International Ships Register of 23 June 1988. By virtue of this provision, Danish wage-earner organisations can conclude collective agreements concerning employment on board ships registered in the Danish International Ships Register only for persons resident in Denmark and for persons put on the same footing as residents under international agreements; and foreign wage-earner organisations may conclude parallel agreements for persons of their own nationalities. Pursuant to this law, collective agreements providing for lower wage rates than those set by collective agreements applicable to seamen resident in Denmark, were concluded with shipping organisations from the Philippines and Singapore for nationals of those countries.

The Committee takes note of the discussions which took place concerning this subject at the Conference Committee in 1989. It also takes note of the information contained in the last report of the Government as well as the comments of 9 January 1991 submitted by the Danish Seamen's Union and the reply of the Government. The Committee observes that, to the extent that the distinctions made under section 10 of the Act of 23 June 1988, between persons employed to work on ships registered in the Danish International Ships Register, are based on criteria of residence and of nationality, which are not among the explicit grounds set out in the Convention, such distinctions are not covered by the Convention. However, since the Convention requires the protection of foreign nationals against any form of discrimination, based not on their foreign nationality but on any of the grounds provided for in Article 1, paragraph 1(a), of the Convention, the Committee would be grateful if the Government would supply full information, including the text of collective agreements covering ships registered in the Danish International Ships Register, to enable the Committee to ascertain that beyond residence and nationality, no discrimination is involved, not even indirectly, on any of the grounds prohibited by the Convention.

On the general problem of International Ship Registry, the Committee refers to paragraphs 56 and 57 of its General Report.

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The Committee notes the Government's report for the period ending 30 June 1988. It notes in particular (1) that an exemption from the Equal Treatment Act has been granted so that special consideration may be paid to sex in connection with filling posts when candidates have the same professional and personal qualifications, and that permission has been given to allow advertisement of executive posts to state that women are encouraged to apply; (2) that in order to promote genuine equality the Government published on 4 December 1986 a National Action Plan for equality between men and women which envisages improvements in women's educational training and employment opportunities and sees unemployment as the most important equality problem; and (3) that an equality consultant has been attached to each regional public employment service in Denmark. The Committee also notes with interest that the Danish Parliament has adopted Act No. 238 of 20 April 1988 on equality between men and women.

The Committee requests the Government to provide a copy of Law No. 238 of 20 April 1988 on equality between men and women, and details on its application in practice. It also requests the Government to provide more detailed information on the practical application of the National Action Plan published on 4 December 1986, and to include with a future report the Prime Minister's forthcoming report to the Danish Parliament on work to implement the National Action Plan.

The Committee also asks that the Government provide statistical data indicating the numbers of racial minority group members in the active population as well as their characteristics in regard to such criteria as average wage levels, types of jobs held, etc., particularly in relationship to similar statistics for non-minority racial groups. The Committee asks the Government to indicate what recourse a worker in the private sector may have if he or she believes he or she is, in his or her field of employment or occupation, discriminated against on the basis of race. In this regard, the Committee asks what substantive legal provision such a worker might rely upon in seeking a remedy to such discrimination and what procedural avenues may be available to him or her. The Committee asks the Government to provide full information on measures taken or contemplated to promote a policy of eliminating any discrimination on the basis of race, national extraction, political opinion or social origin in private sector employment and occupation.

Lastly, the Government is asked to provide statistical information on trends in the levels of remuneration received by women as compared to that received by men throughout the public and private sectors over the past 10 years. If trends suggest a growing gap between the remuneration of men and women, the Committee asks the Government to indicate what measures have been taken to promote and, where applicable, ensure equal opportunity in employment and occupation with respect to remuneration.

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The Committee has noted the Government's report on the application of the Convention, as well as comments alleging violation of the Convention, made by the Federation of Danish Trade Unions (LO) by letter of 19 August 1988, the Danish Seamen's Union by letters of 7 September and 7 October 1988, and the Federation of Danish Public Servants' and Salaried Employees' Organisations (FTF) by letter of 7 November 1988. The Committee also has noted the Government's reply to these comments, sent in January 1989, and the conclusions reached by the Committee on Freedom of Association in Case No. 1470 (262nd report of the Committee on Freedom of Association approved by the Governing Body at its 242nd Session, February-March 1989).

In its communication of 19 August 1988, the LO considers in particular that subsections 2 and 3 of section 10 of the Act on the Danish International Ships Register, adopted on 23 June 1988, violate the Convention.

Section 10 reads as follows:

(1) Collective agreements on wage and working conditions for employees on vessels in this register shall explicitly state that they shall be applicable for such employment only.

(2) Collective agreements as mentioned in subsection (1) which have been concluded by a Danish trade union organisation may only comprise persons who are considered to be residents of Denmark, or who by virtue of incurred international obligations shall be put on an equal footing with Danish citizens.

(3) Collective agreements as mentioned in subsection (1) which have been concluded by a foreign trade union organisation, may only comprise persons who are members of the organisation concerned, or persons who are citizens in the country where the trade union organisation is domiciled, in so far as they are not members of another organisation with which an agreement as mentioned in subsection (1) has been concluded.

(4) The Industrial Court Act shall also be applicable in cases to which a foreign trade union organisation is a party.

According to the LO, it follows from subsection 2 of section 10 that Danish wage-earner organisations can only conclude agreements for persons domiciled in Denmark. It follows from subsection 3 of section 10 that foreign wage-earner organisations may conclude parallel agreements for their own nationalities. A Danish ship registered in the Danish International Register may then for example conclude three agreements, one for Danes, one for Poles and one for Filipinos.

In its communication of 7 September 1988, the Danish Seamen's Union quotes the Minister of Industry indicating, in his written introduction of the Bill to the Danish Parliament, that "The establishment of a Danish International Ships Register will enable Danish shipowners to employ foreign crews on the wage terms applying in the native countries of those crews".

According to the same communication, the Act prevents the Danish Seamen's Union from entering into collective agreements for a significant part of its own members. The Danish Seamen's Union claims that now about 400 of its members annually cannot be embraced by the agreements entered into by it, either because - notwithstanding that they are Danish citizens - they have no residence in Denmark, or because - despite the fact that they may have been sailing on Danish ships for several years - they are not included in the circle of persons towards whom Denmark has international obligations as is required under section 10(2). The Danish Seamen's Union points out that the Act of 23 June 1988 substantially curtailed the scope of the merchant shipping agreements applying until then, because 82 per cent (measured in terms of gross register tonnage) of the Danish merchant navy was transferred to the Danish International Ships Register and thus withheld from the provisions of the agreements hitherto in force.

In its communication dated 7 October 1988, the Danish Seamen's Union states that, after the adoption of section 10 of the Act, the largest association of shipowners (the Danish Shipowners Association) has now concluded collective agreements with shipping organisations from the Philippines and Singapore. Under these agreements, the employers agree to pay hourly wages to able-bodied seamen from these two countries at the rate of 20 kroner and 27 kroner respectively. By comparison, the employers are obliged to pay Danish seamen 54 Kroner per hour. It adds that other terms of wages and employment have been correspondingly depreciated for seamen from the Philippines and Singapore.

In its reply to these comments, the Government has expressed the view that the Act on the Danish International Ships Register contains no discriminatory provisions, and no discrimination takes place due to race, religion, sex, national origin, etc. Employment on board ships registered in the Danish International Ships Register is open to anybody. All seamen are covered by Danish legislation and have a right to organise and conclude collective agreements. All persons employed on board a ship flying the Danish flag thus have the same basic rights. In this connection, the Government observes that the alternative to ships registered in the Danish International Ships Register is ships flying a flag of convenience.

According to the Government, the fact that all persons residing in Denmark - irrespective of their race, sex, nationality, etc. - may be covered by Danish collective agreements is not in conflict with the Convention. Danish citizens who have their residence abroad are in the same manner outside the field of application of Danish collective agreements. As regards the agreements with organisations from the Philippines and Singapore mentioned by the Danish Seamen's Union, the Government indicates that these are agreements concluded following voluntary negotiations, and that this has nothing to do with discrimination.

According to the Government, the Act to set up the Danish International Ships Register was necessary to preserve jobs on board Danish ships on Danish terms of employment; the Act, which lays down general guide-lines in a new and very special field, is based on the assumption that this field is regulated by conclusion of collective agreements, and the Government considers that developments have confirmed that the field is regulated by collective agreements which do not entail actual deterioration in the living standard and employment opportunities for seamen.

The Committee takes due note of these indications. Referring to the explanations provided in paragraphs 17 to 18 and 36 to 37 of its 1988 General Survey on Equality in Employment and Occupation, the Committee observes that, while the Convention applies to all persons, whether or not they are citizens or residents of the ratifying country, distinctions made in employment and occupation on the basis of citizenship or residence are not necessarily relevant to one of the seven grounds of discrimination referred to in Article 1, paragraph 1(a), of the Convention. The relevance of such distinctions to the prohibited grounds of discrimination must be examined in the light of their concrete consequences.

In the present case, one effect of section 10, subsections 2 and 3, of the Act on the Danish International Ships Register is that non-resident seamen from the Philippines and Singapore on board Danish ships, whether or not they are members of Danish trade unions, and although Danish legislation continues to apply to them, stand deprived of the benefits of collective agreements concluded by Danish trade unions. As a further direct consequence from this, section 10, subsections 2 and 3, of the Act makes room for separate collective agreements providing for differences in wage rates between Filipino and Singaporean seafarers on board Danish ships. These differences in treatment are not based on differences regarding Danish citizenship or residence; they establish a discrimination among non-resident non-citizens on the basis of their national origin and are therefore incompatible with the Convention.

As regards the voluntary nature of different collective agreements providing for different wage rates, the Government remains responsible for a discrimination in employment which follows from its legislative interference in the free collective bargaining of Danish trade unions on board Danish ships. In this connection, the Committee refers to its comments under C. 98.

Moreover, as regards the provision in section 10, subsection 2, of the Act according to which Danish trade unions may bargain on behalf of non-resident non-citizens only where by virtue of incurred international obligations these shall be put on an equal footing with Danish citizens, the Committee refers to paragraph 18 of its aforementioned General Survey of 1988, where it pointed out that reciprocity stipulations governing the application to foreign seafarers of the anti-discrimination provisions in maritime legislation are not in accordance with the Convention.

The Committee hopes that the Government will re-examine section 10 of the Act on the Danish International Ships Register in the light of the Convention as well as of the principles of freedom of association and collective bargaining, and that it will indicate measures taken or contemplated to bring national law and practice again into conformity with the Convention in this regard.