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

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

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

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

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

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

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

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

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

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

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