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

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

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

Article 1 of the Convention. Basic human rights of all migrant workers. Recalling the Government’s obligation under Article 1 of the Convention to respect the basic human rights of all migrant workers, regardless of their legal status in the country, the Committee requests the Government to provide information on the measures taken to ensure the effective application of this provision.

Articles 2, 3 and 6. Measures to detect illegal employment of migrants and irregular migration. The Committee notes from the Government’s report that police authorities and some supervisory bodies, including the Norwegian Labour Inspection Authority, are closely cooperating with a view to combating the illegal employment of workers. The Committee also notes that Act No. 66 of 2006 introduced a new section 11a into the Aliens Act No. 64 of 1988, pursuant to which the Norwegian Labour Inspection Authority is now charged with the task of monitoring the release of work permits and reporting to the immigration authorities any irregularities detected. The Committee notes that the National Police Directorate and the Norwegian Labour Inspection Authority have emphasized that the supervisory and control measures must not only be directed at the individual workers, but also towards any persons who are responsible for organizing illegal immigration and employment, and the exploitation of workers. The Committee requests the Government to provide information on the results of the monitoring activities carried out by the police and Labour Inspection Authority, notably information, disaggregated by sex and nationality, of  the number of migrants illegally employed in the country and subjected to abusive conditions as well as the nature of their employment, of the infringements detected and penalties imposed. Please also indicate how employers’ and workers’ organizations are being consulted and given the possibility to supply information in the context of these monitoring mechanisms.

Sanctions. The Committee notes the amendments to section 47 of the Aliens Act of 1988 providing for sanctions against, in particular, those who engage in an organized activity with a view to assisting foreign nationals to enter unlawfully into the realm or any other state and those who wilfully or in a grossly negligent manner employ irregular workers. The Directorate of Migration can bring legal charges against persons who wilfully or grossly negligently employ foreign nationals who do not hold the necessary work permits. The Committee further notes however the Government’s statement that, should an employer repeatedly fail to provide migrant workers with the working conditions and/or remuneration set out in the work permit, the Directorate of Migration may deny work permits for foreigners intending to work for this employer. The Committee requests the Government to: (a) supply information on the application of the sanctions contemplated in section 47 of the Aliens Act, 1988; (b) indicate how it is ensured that migrant workers are protected in practice against any violations of the conditions of employment and remuneration established in their work permits, whether any legal proceedings have been brought against employers who did not respect the remuneration or working conditions set out in the work permit.

Article 9(3). Cost of expulsion. The Committee recalls the Norwegian Federation of Trade Unions (LO) comments regarding the need to start a legislative process so that the legislation concerning the costs of repatriation in case of expulsion of migrant workers is brought line with the Convention. The Committee notes the Government’s confirmation that under Norwegian law workers who are being expelled are required to cover “their own expenses to the extent they are able”. The Government adds that migrant workers with a valid work permit can not be expelled because of lack of employment, except as a penalty where they committed an offence which is punishable with imprisonment for a term exceeding one year. The Committee wishes to draw the Government’s attention to the following: (a) if the migrant worker is in an irregular situation for reasons which cannot be attributed to him or her, the cost of his or her return, as well as the return of family members, including transport costs, should not fall upon the migrant; and (b) if, on the contrary, the migrant worker is in an irregular situation for reasons which can be attributed to him or her, only the costs of expulsion may not fall upon the migrant (see paragraph 310 of the 1999 General Survey on migrant workers). With respect to expenses that migrant workers who are in an irregular situation for reasons attributed to them and who are being expelled have to pay, the Committee asks the Government to specify what is included under “own expenses” and to clarify what criteria is used to determine “to the extent they are able”.

Articles 10 to 12. Equality of opportunity and treatment. The Committee notes from the Government’s report under the Migration for Employment Convention (Revised), 1949 (No. 97) the Government’s commitment to promote an inclusive society without discrimination and with equal opportunities for immigrants and nationals. It notes with interest the Action Plan for Integration and Social Inclusion of the Immigrant Population, which was implemented in 2007 and which encompasses a broad number of measures related to four main areas, i.e. employment; childhood; education and language; and gender equality and participation. Among these measures, the Committee notes in particular the training programmes providing migrant workers with basic competence in order to promote their access to the labour market; the “New Chance” programme designed for migrant workers temporarily unemployed; the Introduction Programme aimed at providing newly arrived immigrants with basic skills in the Norwegian language; the positive measures directed at fostering the recruitment of persons with immigrant background in the state administration; the establishment of a permanent interpreter including in the legal and the health systems; and awareness-raising activities against racism and discrimination. At the same time, the Committee notes from the Second Opinion on Norway of the Council of Europe’s Advisory Committee charged with monitoring the application of the Framework Convention for the Protection of Minorities that there continue to be instances of intolerance and discrimination against persons with immigrant backgrounds, particularly on the labour market (ACFC/OP/II(2006)006, 16 November 2006, paragraph 18). The Committee also refers to the communication submitted by the Confederation of Professionals (UNIO) under the Migration for Employment Convention (Revised), 1949 (No. 97) questioning the impact of the measures taken with a view to integrating migrant workers into Norwegian society. The Committee requests the Government to provide detailed information on the impact of the Action Plan for Integration and Social Inclusion of the Immigrant Population in giving effect to the promotion of equality of opportunity and treatment between nationals and migrant workers lawfully in the country. The Committee also refers to its comments of 2007 addressed to the Government under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Women migrant workers. The Committee notes the findings of the Study on Gender and Migration, published by Statistics Norway in 2008, indicating that the employment rate of immigrant women is 10 per cent lower than that of men, with the gender gap the widest with respect to African and Asian employees. Immigrant men also enter the labour market more quickly than immigrant women and many non-western immigrants remain outside the labour force. The Committee further notes the concerns expressed by the UN Committee on the Elimination of Discrimination against Women about the multiple discrimination faced in the country by migrant women with respect to access to education, employment and health care and exposure to violence (CEDAW A/58/38 (Part I), paragraph 413, 20 March 2003). The Committee notes that the Government recognizes that double discrimination is a genuine problem for women with immigrant backgrounds and therefore intends to launch labour market measures designed specifically to increase their participation in working life and society in general. The Committee encourages the Government in its efforts to promote equality of opportunity and treatment for women migrant workers and requests it to supply full information on the impact of the measures taken under the Action Plan on the employment situation of immigrant women, as well as on any other measures taken or envisaged to promote equal opportunities for them in the labour market and to eliminate discrimination against them.

Article 12(a) and (e). Cooperation with employers’ and workers’ organizations. The Committee notes that a working group encompassing members of employers’ and workers’ organizations as well as representatives from public authorities was set up under the Action Plan with the mandate to assess strategies and measures aimed at increasing the recruitment of migrant workers with non-western background. Likewise, the Committee notes that the Action Plan confirms the establishment of an award for “ethnic diversity in working life” to be assigned annually to an enterprise standing out for its efforts to promote ethnic diversity at the workplace. The Committee notes that this award was created for the first time in 2005 as a result of collaboration between the social partners and the Ministry of Labour and Social Inclusion. The Committee requests the Government to provide information on the results of the assessment carried out by the social partners with regard to the strategies and measures targeting migrant workers with a non-western background. It also invites the Government to continue to supply information on initiatives taken in cooperation with the workers’ and employers’ organizations with a view to promoting the acceptance and observance of the national policy on equality of opportunity and treatment for migrant workers.

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

The Committee notes the comments from the Norwegian Federation of Trade Unions of 16 January 2001 according to which the rules governing the costs of repatriation in case of expulsion of migrant workers are not in line with the requirements contained in Article 9(3) of the Convention. In this connection the Committee also refers to its direct request of 2000 concerning the application of Article 9.

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

The Committee notes the information supplied by the Government and the attached annexes.

1.  Part I of the Convention (Migration in abusive conditions).  The Committee notes the efforts made by the Government to strengthen the combat against illegal immigration: the prison sentence for organizing illegal migration was raised from a maximum of two years to five years in 1997 and measures were adopted to punish fraudulent use of passports or other travel documents by a maximum of two years’ imprisonment.

2.  Article 9, paragraph 3.  The Committee recalls that this Article prescribes that in case of expulsion of a worker with his family, the cost shall not be borne by them. This cost includes the costs of administrative or judicial procedures involved in issuing or implementing the order, such as escorting the person being expelled out of the country (see paragraphs 310-311 of the 1999 General Survey on migrant workers). In Norway, the costs of surveillance incurred when the foreigner does not seem ready to leave the country voluntarily have to be paid by him by virtue of section 46 of the Immigration Act. The Committee considered that the Convention is not fully applied and requested the Government to keep it informed of progress made to give full effect to this provision of the Convention. It notes that no progress has been made in this direction and requests the Government to inform it of any evolution in its position on this matter.

3.  Part II (Equality of opportunity and treatment).  The Committee notes the establishment in September 1998 of the Centre for Combating Ethnic Discrimination. It also notes that the Centre considers, in its report to the United Nations Committee on the Elimination of Racial Discrimination (A/55/18, paragraphs 404-421), that the legal provisions in force do not offer adequate protection against racial discrimination. The Committee notes, furthermore, the establishment of a committee to draft the text of a new act on combating ethnic discrimination. It requests the Government to keep it informed of the activities of the Centre for Combating Ethnic Discrimination, particularly in the specific areas of employment and housing. Bearing in mind the comments of the Centre on the inadequacy of protection against racial discrimination, and in the absence of specific provisions against racial discrimination in the Norwegian Constitution, the Committee requests the Government to indicate the measures taken or envisaged to ensure adequate protection against racial discrimination in practice. It expresses the hope that the Committee responsible for drafting a new act for combating ethnic discrimination will take this information into account in formulating its draft legislation.

4.  The Committee also notes the adoption of the Plan of Action to Combat Racism and Discrimination for the period 1998-2001, which is a follow-up to the report submitted by the Government to the Parliament on 28 February 1997, entitled "Immigration and a multicultural Norway" (St. meld, No. 17, 1996-97) which constitutes the basis of Norwegian policy on the integration of immigrants. This Plan provides a series of measures to be taken in the areas of legal assistance to persons who are victims of illicit discrimination; the labour market; the housing market; education and vocational training (particularly in regard to further training for judges); multicultural comprehension, particularly in the sectors in contact with the public (police, media, teachers, health and social services); anti-racist and anti-discrimination activities; and the dissemination of knowledge on methods for preventing and combating racism and discrimination. With particular regard to employment, the Action Plan emphasizes equality of opportunity in recruitment, promotion and protection against non-objective dismissal and also on recruitment of persons with an immigrant background in the public sector. In this regard, it notes that section 55A of Act No 4 of 4 February 1977 relating to worker protection and the working environment was amended in 1998 by adding a prohibition against discrimination on the grounds of race, colour, national or ethnic origin or sexual orientation in the recruitment process. In fact, analysis of the Norwegian labour market shows that although unemployment has decreased considerably in recent years, this decrease has not truly benefited immigrants (in May 1999, the unemployment rate in the active immigrant population was 6.3 per cent as against 2.2 per cent for the rest of the population and 12.6 per cent for African immigrants). The Government considers that the main obstacles for immigrants in the labour market seem to be lack of proficiency in the Norwegian language, insufficient or unrecognized qualifications, discrimination and lack of work experience in Norway. The Norwegian Labour Market Service (Aetat) has therefore made this category of workers one of its main targets and gives then targeted assistance, in partnership with local municipalities and the social partners on these matters.

5.  Noting that on 31 July 1999, the majority of measures incorporated in the Plan of Action to Combat Racism and Discrimination had been implemented or were in the process of being implemented and that the Plan would be evaluated towards the end of the period of operation, the Committee would be grateful if the Government would supply a summary of this evaluation and particularly the conclusions and recommendations concerning discrimination encountered by immigrants in the areas of employment, access to vocational training, employment and conditions of work). It would also like to know whether the labour inspection service has been able to measure the impact of the amendment made in 1998 to section 55A of Act No. 4/1977 on worker protection and the working environment.

6.  Article 12(a).  The Committee notes the Government’s statement that since 1996 there has been close cooperation between the Government and the social partners (Confederation of Norwegian Business and Industry, Confederation of Trade Unions in Norway, Norwegian Federation of Business and Service Enterprises) on the question of integrating immigrants. This cooperation is based on the realization by each of the parties that immigrants are an important human, cultural and economic potential, of the difficulties facing them in having access to the labour market and the fact that this participation is one prerequisite for their successful integration into Norwegian society. The cooperation therefore has the aim of facilitating access to the world of work for persons of foreign origin seeking employment by stressing training and the help to be given to them once they have found a job. In the latter case, a system of sponsoring has been established in which the sponsor is responsible for assisting his protégé and monitoring the latter’s progress in both his occupation and social integration; the sponsor is responsible, in addition, for providing liaison between the migrant worker and the local employment service. The Committee requests the Government to continue to keep it informed of efforts made by employers’ and workers’ organizations to encourage the acceptance and application of the policy of equality of opportunity and treatment between national workers and migrant workers present legally in the country in respect of employment and occupation, social security, trade union and cultural rights and individual and collective freedoms.

7.  Article 14(b).  In its previous comment, the Committee requested the Government to keep it informed of the implementation of the proposals made by the governmental commission on the recognition of migrant workers’ qualifications and work experience. The Government indicates that a final evaluation of the application of the abovementioned proposals conducted in January 1999 concluded that the Plan of Action had been implemented satisfactorily but that some problems still remained, above all, in regard to time limits and the difficulty of assembling the documentation required. The Committee notes that the Parliament (Storting) has decided to establish a database concerning the various non-formal channels of adult training with a view to recognizing them in order to permit adults to undertake supplementary training, if necessary through specially adapted courses. It requests the Government to continue to keep it informed of progress made in recognizing vocational qualifications acquired abroad.

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

1.  The Committee welcomes official recognition by the authorities that Norway is in the process of becoming a multicultural society and that it should make the most of this diversity. It notes in particular the statement made on 28 February 1997 by the Minister of Local Government and Labour in presenting to the Parliament his report entitled "Immigration and a Multi-Cultural Norway" (St. meld No. 17, 1996-97) that "if our society is to benefit from the resources and experience immigrants have, it is important that they are allowed to participate in Norwegian society under the same terms and with the same obligations as the rest of the population".

2.  The Committee notes with interest the numerous initiatives taken by the Government to combat racism and discrimination in general and in the field of employment and occupation in particular. First, on the legislative side, it notes that section 55A of the Act of 4 February 1977 on the protection of workers and conditions of employment was amended in 1998 to formally prohibit any discrimination based on race, colour, ethnic or national origin or sexual orientation in recruitment procedures. At a more practical level, it notes the adoption of a Plan of Action to Combat Racism and Discrimination for the period 1998-2001 which sets out the measures that should be adopted in the following fields: (a) legal assistance to persons who are victims of discrimination and measures to improve monitoring of the type and extent of racial discrimination; (b) measures taken by the police to deal with discrimination, especially in access to public places; (c) measures to prevent discrimination in the labour markets and to promote equal opportunities; (d) measures in the housing market to ensure equal opportunities for all; (e) measures in primary and secondary schools to prevent racism and discrimination; (f) measures to increase multicultural understanding in key service sectors by improving the education of personnel; and (g) measures in local arenas to support activities against racism.

3.  The Committee notes that the Government has also presented a Plan of Action (1998-2001) for recruiting persons with an immigrant background to the state sector which contains measures to reduce structural obstacles to the employment of these persons and other measures focused on the attitude of the employment authorities.

4.  In parallel with these activities, the Government has established new bodies such as: (a) the Centre for Combating Ethnic Discrimination (1998), an independent governmental body that will provide professional legal assistance to individuals who are victims of discrimination on grounds of religion or belief, race, colour, or national or ethnic origin, which is also responsible for monitoring the nature and extent of racial discrimination in Norway; (b) a new Department of Indigenous, Minority and Immigrant Affairs, set up in 1999 in the Ministry of Local Government and Regional Development, by which efforts to combat racism and discrimination will be better coordinated and given a wider perspective; and (c) a committee, in 1999, to draft a new act on combating ethnic discrimination.

5.  The Committee notes, however, that although the labour market in Norway has generally been favourable for jobseekers in the past few years, immigrants still experience problems: in May 1999 the unemployment rate was 6.3 per cent for immigrants compared with 2.2 per cent for the population as a whole and stood at 12.6 per cent for immigrants from Africa. The Government considers that the main obstacles for immigrants in the labour market seem to be lack of proficiency in the Norwegian language, insufficient or unrecognized qualifications, discrimination and lack of work experience in Norway. The Committee notes the information supplied by the Government on the measures taken, particularly in the Norwegian Labour Market Service (Aetat), to assist migrant workers to overcome these obstacles and would be grateful if the Government would supply further information on results obtained in this respect.

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

The Committee takes note of the changes adopted as of 1 January 1994 in the Immigration Act and regulations following the coming into force of the Agreement concerning the European Economic Cooperation Area (EEA). It also takes note of the detailed information supplied by the Government in reply to its previous comments.

Article 9, paragraph 3, of the Convention. The Government states in its report that the costs of the procedures leading up to the expulsion order are not borne by the migrant worker or his family, except in cases in which costs of surveillance are incurred because the foreign national does not leave the country voluntarily; in this case the immigration authorities must have clear indications that the foreign national in question will unlawfully evade the implementation of the decision to expel. With reference to its previous comments, the Committee recalls that the cost of expulsion shall not be borne by the expelled worker or his family. In this respect, the Committee refers to paragraph 274 of its 1980 General Survey on Migrant Workers, according to which the cost of expulsion may include the costs of the administrative or judicial procedures leading to the expulsion order, or of implementing the order, for example by escorting the persons to be expelled to the frontier. Where these costs are recoverable from the migrant worker, the Convention is not fully applied. The Committee considers that the costs of surveillance referred to in section 46 of the Immigration Act constitute administrative costs within the context of escorting the migrant worker to the frontier that must be borne by the State which wishes to ensure that the worker and his family actually leave the country following the decision to expel. It requests the Government to indicate the measures which have been taken or are envisaged to give effect to this provision of the Convention and to supply any information on the progress achieved in this respect.

Article 14(a), (b) and (c). The Committee notes with interest that: (a) the settlement permit confers the right to take work without restrictions as regards the job or the place of work; and (b) that a government commission, under the authority of the Ministry of Local Government and Labour, has made 53 proposals for a better use of the resources of migrant workers, including proposals to recognize the vocational skills and experience of such workers. The Committee requests the Government to provide information on the implementation of these proposals and the progress achieved with regard to the access to employment of migrant workers in the transport sector.

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

The Committee notes with interest the Act of 24 June 1988 concerning the Entry of Foreign Nationals into the Kingdom of Norway and their Presence in the Realm (Immigration Act), and the relevant Regulations passed by Decree of the Crown Prince Regent on 21 December 1990, both of which came into force on 1 January 1991. It also notes the Government's information concerning Article 13, paragraph 2, of the Convention. The Committee would appreciate further information in respect of the following provisions of the Convention:

Article 9, paragraph 3. The Committee notes that, under section 46 of the Act, a foreign national conducted out of the realm is obliged to pay the expenses connected with his or her exit and that the foreign national should also pay the cost of surveillance. It recalls that this provision of the Convention prescribes that the cost of explusion should not be borne by the expelled worker or his family. What is referred to is not the cost of repatriation but the cost incurred by a State in ensuring that the worker and his family leave the country, for example the costs of the procedures leading to the expulsion order or of the implementing order. The Committee requests the Government to indicate measures taken or envisaged to give effect to this requirement of the Convention;

Article 14(a). The Committee notes that, under section 12 of the Act a permanent settlement permit conferring the right to reside and to take work without any time-limit may be granted when an applicant has resided continuously for three years in the country with a continuous unrestricted residence or work permit. The Committee requests the Government to indicate whether a settlement permit confers the right to work without restriction as regards the job or the place of work;

The Committee notes that the Government's report does not reply to its previous comments concerning the question of recognition of occupational qualifications acquired outside the country (Article 14(b)) and existing restrictions on access to certain employment or functions for foreign workers (Article 14(c)). The Committee hopes that the Government will supply such particulars in its next report.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

1. The Committee notes that while the Government's last report refers to a new Immigration Act, which was adopted on 7 June 1988 and is yet to enter into force, and to regulations pursuant to this act which are currently being drawn up, it contains no information on the draft of a new Aliens Act which was the subject of its earlier comments. The Committee hopes that the next report will indicate how effect is given to Articles 13, paragraph 2, and 14, paragraph (a), of the Convention in the framework of a new Aliens Act or of the Immigration Act, 1988, and that the Government will be able to provide copies in English of the Immigration Act, its implementing Regulations and the new Aliens Act, if adopted.

2. The Committee notes that no information was given in reply to the following points which were raised in its previous direct request:

Article 14(b). The Committee notes that the question of recognition of occupational qualifications acquired outside the country is still under consideration. The Committee hopes that the next reports will indicate the progress made on this point.

Article 14(c). The Committee notes that the Special Committee to which reference had been made in the previous report will, in the next phase of its work, identify regulations which restrict certain employment or functions to nationals. The Committee hopes that, in its next report, the Government will be able to indicate which categories of employment or functions are restricted to nationals.

The Committee hopes that the next report will contain the information requested above.

3. The Committee has noted Report No. 39 (1987-88) to the Storting on Immigration Policy, which was sent in reply to its previous direct request. It requests the Government to continue providing such kind of information on the practical application of the Convention in its future reports.