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

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

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

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

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 1(1)(b) of the Convention. Legislative developments. Discrimination based on disability. The Committee notes with interest the adoption of Act No. 42 relating to a prohibition of discrimination on the basis of disability (the Disability and Accessibility Act) on 20 June 2008, which entered into force on 1 January 2009. The Act applies to all areas of social life, including employment and occupation. It defines and prohibits direct and indirect discrimination, harassment and victimization. It also contains provisions on reasonable accommodation and the burden of proof. The Act provides for an obligation of public authorities, as well as public and private employers to make active, targeted and systematic efforts to prevent discrimination and ensure equal opportunities, and to report thereon (section 3). Employers’ and workers’ organizations have a corresponding duty in their field of activity. The Committee asks the Government to provide information on the implementation of the Disability and Accessibility Act, including information on the implementation of section 3 thereof, as well as any relevant decisions issued by the Equality and Anti-Discrimination Ombud or Tribunal, or the courts.

Anti-Discrimination Act. The Committee notes that the amendments to the Anti-Discrimination Act which entered into force on 1 January 2009 provide, similar to the Disability and Accessibility Act and the Gender Equality Act, for an obligation to make active, targeted and systematic efforts to prevent discrimination and ensure equal opportunities, and to report thereon. It also notes that some of the main objectives of the Action plan to promote equality and prevent ethnic discrimination 2009–12 are to ensure proper implementation of this new duty, as well as to increase knowledge of the nature, scope and causes of discrimination. The Committee asks the Government to provide information on the implementation in practice of these new obligations under the Anti-Discrimination Act, and on the implementation of the Action plan 2009–12.

Article 1(1)(a) and Article 2 of the Convention. Prohibited grounds of discrimination. Social origin. The Committee previously noted that the non-discrimination legislation does not cover the prohibited ground of social origin, which is one of the grounds listed in Article 1(1)(a) and, accordingly, must be covered by the national policy to promote equality of opportunity and treatment in employment and occupation to be adopted and implemented in accordance with Article 2. The Committee also emphasizes that, when legislative expression is being given to the provisions of the Convention, all the grounds set out in the Convention should be included. With a view to determining the extent to which the legislation covers discrimination based on social origin, within the meaning of the Convention, the Committee reiterates its requests to the Government to elaborate on the meaning of the term “descent” which is referred to as a prohibited ground of discrimination in section 4 of the Anti‑Discrimination Act of 2005, including by providing any relevant interpretations given by the courts. The Committee also asks the Government to provide information on the results of the work of the Law Commission established in 2007 with a view to proposing consolidated anti-discrimination legislation and trusts that steps will be taken to ensure that the ground of social origin is covered by the legislation.

Scope of legislative protection. The Committee notes that the regulations issued under section 1-5 of the Working Environment Act with regard to work performed at the home of the employee or the employer do not appear to provide specific protection from discrimination based on political opinion, while protection for these workers against discrimination based on other grounds is available under the Gender Equality Act and the Anti-Discrimination Act. The Committee requests the Government to take measures to ensure that home‑based workers and domestic workers are protected against discrimination on all the grounds listed in the Convention, like all other workers, and to indicate any steps taken in this regard.

Article 1(2). Inherent requirement of the job. The Committee notes the information provided with regard to the application of the exceptions clause set out in section 13-3 of the Working Environment Act which allows discrimination “which has a just cause”. The Committee notes that most of the discrimination cases brought under the Act relate to age and that the Equality and Anti‑Discrimination Ombud has not yet found in any case that differential treatment was justified. However, the Government indicates that, in principle, the Ombud’s opinion is that for an exception to be just cause it must be related to the inherent requirements of the job. The Committee asks the Government to continue to provide information on the application in practice of section 13-3 of the Working Environment Act.

Article 2. Promoting and ensuring equality of opportunity and treatment of men and women. The Committee notes with interest that the requirement for public limited companies to ensure balanced representation of men and women on their boards, introduced in 2004, resulted in achieving a 40 per cent share of women on the boards of these companies, compared to 7 per cent representation in 2003. The Committee asks the Government to continue to provide information on the measures taken by the Government to ensure that men and women are equally represented on company boards, as well as in management positions in the private and public sectors, more generally.

The Committee notes the information provided by the Government with regard to the specific measures taken under the Plan of Action for Equality
(2009–10) with a view to reaching the target of 20 per cent male employees in Norwegian kindergartens. The Committee asks the Government to provide information on the measures taken or envisaged aimed at the reduction of horizontal segregation of the labour market by gender and on the results achieved by such action, including information on the progress made in reaching the objective of 20 per cent male employees in kindergartens. Please provide updated statistical information on the position of men and women in the labour market, including their share in part-time work.

Equality of opportunity and treatment irrespective of race, colour and national extraction. The Committee notes the information provided by the Government regarding the registered unemployment of immigrants which increased more rapidly than for the rest of the population between May 2008 and May 2009. It also notes some of the reasons explaining the low employment levels of female immigrants, especially from Somalia, Pakistan, Afghanistan and Iraq, including language skills and education, care-giving responsibilities and attitudes towards labour force participation as well as structural barriers. The Committee also notes, that according to the report, multiple discrimination faced by immigrant women can be particularly serious and that substantial variations in the manifestations of discrimination exist between immigrants with different backgrounds. The Committee notes the information provided by the Government regarding measures to increase employment rates of the immigrant population, and to improve their recruitment and integration in the government sector, as well as regarding the implementation of the Introductory Act aiming at the integration of newly arriving immigrants, including through language training schemes. The Committee also notes that, according to the report, targeted measures taken by public and private employers, including the establishment of plans and goals with regard to achieving diversity at the workplace, have resulted in increased access of persons with immigrant background to employment. The Committee requests the Government to continue to provide detailed information on the measures taken to promote equality of opportunity and treatment irrespective of race, colour or national extraction, as well as information on results achieved. In this regard, the Committee requests the Government to provide detailed statistical information on the position of men and women with immigrant backgrounds in employment and occupation.

Articles 2 and 3. Collective agreements and cooperation with employers’ and workers’ organizations. The Committee notes the observations of the Organization for Trade and Private Enterprise in Norway (HSH), indicating that collective agreements under the responsibility of the HSH contain provisions aimed at preventing discrimination and promoting equal treatment regardless of gender. The HSH also notes that it is part of a group initiated by the largest employers’ and employees’ organizations in Norway together with the Norwegian Government, with the aim of preventing certain groups from being excluded from the labour market due to irrelevant individual considerations. The Committee welcomes this information and requests further information on the tripartite initiative to combat exclusion in the labour market, and the results obtained. It would also be grateful for examples of the non-discrimination clauses in collective agreements, and for information on whether such clauses cover grounds other than gender.

Enforcement. The Committee notes the support provided to the Equality and Anti-Discrimination Ombud through the European Union’s framework programme PROGRESS 2007–13, for the undertaking of the campaign “Fostering good practices in the workplace”, which resulted in an increased demand for guidance by social partners regarding their obligation to promote equality. The Committee asks the Government to continue to provide information on the activities carried out by the Equality and Anti‑Discrimination Ombud and Tribunal with regard to discrimination in employment and occupation, including information on the number, nature and outcomes of cases relating to such discrimination.

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

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. Prohibited grounds of discrimination. Further to its observation, the Committee recalls its previous comments concerning the absence of “social origin” as one of the prohibited grounds in the national legislation concerning discrimination in employment and occupation. It notes that section 4 of the Anti-Discrimination Act of 2005 prohibits direct and indirect discrimination based on a number of grounds, including descent. The Committee recalls that within the meaning of the Convention, discrimination based on social origin “arises when an individual’s membership in a class, socio-occupational category or caste determines his or her occupational future, either because he or she is denied certain jobs or activities, or because he or she is only assigned certain jobs. […] Social origin may be viewed mainly in terms of social mobility, defined as the possibility of an individual to move from one class or social category to another.” (See Special Survey on equality in employment and occupation, 1996, paragraph 43.) The Committee asks the Government to clarify whether the prohibition of descent-based discrimination in the Anti-Discrimination Act is intended to encompass protection against discrimination based on social origin within the meaning of the Convention. Please also provide information in future reports on the practical application of the Act, including any judicial or administrative decisions concerning complaints relating to descent-based discrimination.

2. Article 1(2). Inherent requirements of the job. The Committee notes that section 13-3 of the Working Environment Act of 2005 provides that “discrimination that has a just cause, that does not involve disproportionate intervention in relation to a person or persons so treated and that is necessary for the performance of work or profession shall not be regarded as discrimination pursuant to this Act”. Recalling that the Convention only allows for exceptions to the principle of non-discrimination as far as they are based on the inherent requirements of the job, the Committee hopes that this new exception clause will be interpreted and applied narrowly, in accordance with the Convention. The Committee requests the Government to provide information in its future reports on the practical application of this provision, including decisions by the Equality and Anti-Discrimination Ombud and Equality and Anti-Discrimination Tribunal.

3. Scope of legislative protection. Further to its previous comments, the Committee notes that the Working Environment Act of 2005 continues to exclude certain categories of workers including those in the shipping, hunting and fishing sectors, but that workers in these sectors are protected against discrimination pursuant to the Gender Equality Act and the Anti-Discrimination Act of 2005. However, these Acts do not protect against discrimination on the basis of political opinion, a ground of discrimination referred to in section 13-1 of the Working Environment Act of 2005. The Committee further notes that domestic workers and homeworkers can be partly or wholly excluded from the application of the Act through regulations (section 1-5). The Committee therefore asks the Government: (1) to indicate in its next report how workers excluded from the scope of the Working Environment Act are protected against discrimination on the basis of political opinion; and (2) to provide information on any regulations adopted under section 1-5 of the Working Environment Act of 2005.

4. Equality of opportunity between men and women. The Committee notes the information provided by the Government in its reports on Conventions Nos 111 and 122 on the increasing participation rates of women in the labour market. It notes that, despite similar employment figures for women and men, wide gender differences continue to exist in terms of working hours, pay, sectors and pensions. The number of women engaged in part-time work, especially undesired part-time work, continues to be much higher than the number of men. In 2005, women represented only 22 per cent of senior managers in the private sector and 23 per cent in the state sector. In addition, the Committee notes from the Government’s report that immigrant women face particular obstacles in working life (see also point 6 of this direct request). The Committee notes with interest the various measures taken and results achieved by the Government, in cooperation with the social partners, to address occupational segregation, to reduce undesired part-time work and to promote female entrepreneurship and women in decision-making and management positions. The Committee notes in particular the initiatives such as “Female Future” and “Women, Quality and Competence in the State Sector” aimed at improving women’s representation in middle and senior management positions and on boards of directors in the private and state sectors. It further notes the project “Top 10 International Women” aimed at increasing awareness and promoting recognition in Norwegian working life of the competence and skills of immigrant women, especially from non-Western countries. The Committee asks the Government to continue to provide information on the specific measures taken and the results achieved to eliminate the gender differences in the labour market, including with respect to male and female immigrants, to improve the employment situation of those engaged in undesired part-time work, and to increase the representation of women in senior management positions in the private and state sectors.

5. Employment of men and women in non-traditional occupations. With respect to its previous comments on the number of men employed in education and childcare occupations, the Committee notes that, between 2003 and 2005, the number of male employees in kindergartens increased from 4,606 to 5,712. Despite this positive result, the percentage of men working in kindergartens remained at only 8.8 per cent in 2005. The Committee however notes with interest that, under the Plan of Action for Equality (2004–07), the revised Framework Plan for the Content and Tasks of Kindergartens was adopted in 2006. The Framework provides binding goals for the sector and states that gender equality shall be reflected in the education and activities in kindergartens. The Committee asks the Government to provide information on the implementation and the results achieved under the Framework Plan for Kindergartens, as well as on any other measures to increase the percentage of men as well as women in non-traditional occupations.

6. Equality of opportunity and treatment with respect to race, colour and national extraction. The Committee notes the employment statistics by origin and sex provided by the Government in its reports on Conventions Nos 111 and 122 for the immigrant population in Norway. The statistics show that employment rates vary according to gender and origin, with the employment rate for male immigrants generally higher than for female immigrants, except for young second-generation immigrants. The Committee notes that the employment rates for immigrants from Western Europe are the highest (with 73 per cent for men and 61 per cent for women), with the lowest being for those from Africa (with 46 per cent for men and 36 per cent for women). The Committee further notes the various measures taken by the Government to integrate immigrants into the labour market and society, especially those coming from non-Western countries. It notes in particular the following: the establishment in 2006 of the Directorate for Integration and Diversity, the main task of which is to contribute to equality in living conditions and diversity through employment, integration and participation; the Act relating to introductory schemes for newly arrived immigrants (the Introductory Act) which aims to ensure that new immigrants are integrated into the labour market and society; and the measures to counteract exclusion on the basis of ethnic origin and to encourage persons with immigrant backgrounds to apply for government jobs. The Committee asks the Government to provide information on the impact of the measures taken to integrate immigrants into the labour market and, in particular, the impact of the Introductory Act and of the activities of the Directorate for Integration and Diversity on attaining equality in employment and occupation irrespective of race, colour and national extraction.

7. Enforcement. Parts II and IV of the report form. The Committee notes that the Equality and Anti-Discrimination Ombud and the Equality and Anti-Discrimination Tribunal have the authority to make recommendations and pass rulings with respect to decisions by, or general practices of, governmental and state institutions, including regarding those laws that might contravene equality and anti-discrimination legislation. The Ombud has the competence to investigate alleged non-compliance with the law and make recommendations, which can be appealed before the Tribunal. The rulings of the Tribunal are administratively binding but may be overruled by a court of law. The Committee also notes the specific responsibilities of the Ombud to promote equality with respect to the grounds set out in Article 1(1)(a) of the Convention and other prohibited grounds of discrimination, as well as its additional responsibilities to initiate and promote efforts to advance gender equality. The Committee asks the Government to provide information on the following: (1) the activities of the Equality and Anti-Discrimination Ombud to promote equality with respect to the grounds contained in Article 1(1)(a) of the Convention, as well as on the specific activities carried out in the context of its responsibilities to promote and advance gender equality; (2) the number of complaints received and their outcomes; and (3) any recommendations and rulings made by the Ombud and the Tribunal on the application of the equality and anti-discrimination legislation.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes with interest the adoption of new legislation in the field of equality and non-discrimination. It notes in particular the following: the Act (No. 33 of 2005) on the prohibition of discrimination based on ethnicity, religion, etc. (Anti-Discrimination Act); the Act (No. 38 of 2005) to amend the Act (No. 45 of 1978) respecting equality between the sexes, etc. (Implementation of Directive 2002/73/EC of the European Parliament and of the Council and incorporation into Norwegian law of the United Nations Convention on the Elimination of All Forms of Discrimination against Women and its Optional Protocol); the Act (No. 40 of 2005) on the Equality and Anti-Discrimination Ombud and the Equality and Anti-Discrimination Tribunal (Anti-Discrimination Ombud Act); and Chapter 13 concerning protection against discrimination of the Act (No. 62 of 2005) relating to working environment, working hours and employment protection, etc. (Working Environment Act). The Committee notes that the Anti-Discrimination Act of 2005 prohibits and defines direct and indirect discrimination on the grounds of ethnicity, national origin, descent, skin colour, language, religion or belief, and prohibits harassment and instructions to discriminate on the basis of these grounds, as well as acts of reprisal. The Act also provides for positive action and the shifting of the burden of proof on the person allegedly responsible for breaching the provisions of the Act. The Committee further notes the new provisions pursuant to the amendments to the Gender Equality Act of 1978 concerning the obligation of employers, organizations and institutions to prevent sexual harassment, the shared burden of proof and the objective liability for damages in cases of infringements of the law. Finally, it notes that Chapter 13 of the Working Environment Act prohibits direct and indirect discrimination on the basis of political views, membership of a trade union, sexual orientation, disability or age, as well as harassment and the instruction to discriminate on the basis of these grounds. With respect to discrimination based on gender, the Working Environment Act specifies that the Gender Equality Act will apply and, with respect to discrimination on the basis of other grounds, the Anti-Discrimination Act will apply. The Working Environment Act further provides for protection against discrimination in all aspects of employment and contains provisions on the burden of proof and preferential treatment. The Committee asks the Government to provide information in future reports about the application in practice of the Gender Equality Act, the Anti-Discrimination Act, the Working Environment Act and the Anti-Discrimination Ombud Act.

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

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

1. Prohibited grounds of discrimination. Further to its observation, the Committee recalls its previous comments concerning the absence of “social origin” as one of the prohibited grounds in the national legislation concerning discrimination in employment and occupation. It notes that section 4 of the Anti-Discrimination Act of 2005 prohibits direct and indirect discrimination based on a number of grounds, including descent. The Committee recalls that within the meaning of the Convention, discrimination based on social origin “arises when an individual’s membership in a class, socio-occupational category or caste determines his or her occupational future, either because he or she is denied certain jobs or activities, or because he or she is only assigned certain jobs. […] Social origin may be viewed mainly in terms of social mobility, defined as the possibility of an individual to move from one class or social category to another.” (See Special Survey on equality in employment and occupation, 1996,
paragraph 43.) The Committee asks the Government to clarify whether the prohibition of descent-based discrimination in the Anti-Discrimination Act is intended to encompass protection against discrimination based on social origin within the meaning of the Convention. Please also provide information in future reports on the practical application of the Act, including any judicial or administrative decisions concerning complaints relating to descent-based discrimination.

2. Article 1(2). Inherent requirements of the job. The Committee notes that section 13-3 of the Working Environment Act of 2005 provides that “discrimination that has a just cause, that does not involve disproportionate intervention in relation to a person or persons so treated and that is necessary for the performance of work or profession shall not be regarded as discrimination pursuant to this Act”. Recalling that the Convention only allows for exceptions to the principle of non-discrimination as far as they are based on the inherent requirements of the job, the Committee hopes that this new exception clause will be interpreted and applied narrowly, in accordance with the Convention. The Committee requests the Government to provide information in its future reports on the practical application of this provision, including decisions by the Equality and Anti-Discrimination Ombud and Equality and Anti-Discrimination Tribunal.

3. Scope of legislative protection. Further to its previous comments, the Committee notes that the Working Environment Act of 2005 continues to exclude certain categories of workers including those in the shipping, hunting and fishing sectors, but that workers in these sectors are protected against discrimination pursuant to the Gender Equality Act and the Anti-Discrimination Act of 2005. However, these Acts do not protect against discrimination on the basis of political opinion, a ground of discrimination referred to in section 13-1 of the Working Environment Act of 2005. The Committee further notes that domestic workers and homeworkers can be partly or wholly excluded from the application of the Act through regulations (section 1-5). The Committee therefore asks the Government: (1) to indicate in its next report how workers excluded from the scope of the Working Environment Act are protected against discrimination on the basis of political opinion; and (2) to provide information on any regulations adopted under section 1-5 of the Working Environment Act of 2005.

4. Equality of opportunity between men and women. The Committee notes the information provided by the Government in its reports on Conventions
Nos 111 and 122 on the increasing participation rates of women in the labour market. It notes that, despite similar employment figures for women and men, wide gender differences continue to exist in terms of working hours, pay, sectors and pensions. The number of women engaged in part-time work, especially undesired part-time work, continues to be much higher than the number of men. In 2005, women represented only 22 per cent of senior managers in the private sector and 23 per cent in the state sector. In addition, the Committee notes from the Government’s report that immigrant women face particular obstacles in working life (see also point 6 of this direct request). The Committee notes with interest the various measures taken and results achieved by the Government, in cooperation with the social partners, to address occupational segregation, to reduce undesired part-time work and to promote female entrepreneurship and women in decision-making and management positions. The Committee notes in particular the initiatives such as “Female Future” and “Women, Quality and Competence in the State Sector” aimed at improving women’s representation in middle and senior management positions and on boards of directors in the private and state sectors. It further notes the project “Top 10 International Women” aimed at increasing awareness and promoting recognition in Norwegian working life of the competence and skills of immigrant women, especially from non-Western countries. The Committee asks the Government to continue to provide information on the specific measures taken and the results achieved to eliminate the gender differences in the labour market, including with respect to male and female immigrants, to improve the employment situation of those engaged in undesired part-time work, and to increase the representation of women in senior management positions in the private and state sectors.

5. Employment of men and women in non-traditional occupations. With respect to its previous comments on the number of men employed in education and childcare occupations, the Committee notes that, between 2003 and 2005, the number of male employees in kindergartens increased from 4,606 to 5,712. Despite this positive result, the percentage of men working in kindergartens remained at only 8.8 per cent in 2005. The Committee however notes with interest that, under the Plan of Action for Equality (2004–07), the revised Framework Plan for the Content and Tasks of Kindergartens was adopted in 2006. The Framework provides binding goals for the sector and states that gender equality shall be reflected in the education and activities in kindergartens. The Committee asks the Government to provide information on the implementation and the results achieved under the Framework Plan for Kindergartens, as well as on any other measures to increase the percentage of men as well as women in non-traditional occupations.

6. Equality of opportunity and treatment with respect to race, colour and national extraction. The Committee notes the employment statistics by origin and sex provided by the Government in its reports on Conventions Nos 111 and 122 for the immigrant population in Norway. The statistics show that employment rates vary according to gender and origin, with the employment rate for male immigrants generally higher than for female immigrants, except for young second-generation immigrants. The Committee notes that the employment rates for immigrants from Western Europe are the highest (with 73 per cent for men and 61 per cent for women), with the lowest being for those from Africa (with
46 per cent for men and 36 per cent for women). The Committee further notes the various measures taken by the Government to integrate immigrants into the labour market and society, especially those coming from non-Western countries. It notes in particular the following: the establishment in 2006 of the Directorate for Integration and Diversity, the main task of which is to contribute to equality in living conditions and diversity through employment, integration and participation; the Act relating to introductory schemes for newly arrived immigrants (the Introductory Act) which aims to ensure that new immigrants are integrated into the labour market and society; and the measures to counteract exclusion on the basis of ethnic origin and to encourage persons with immigrant backgrounds to apply for government jobs. The Committee asks the Government to provide information on the impact of the measures taken to integrate immigrants into the labour market and, in particular, the impact of the Introductory Act and of the activities of the Directorate for Integration and Diversity on attaining equality in employment and occupation irrespective of race, colour and national extraction.

7. Enforcement. Parts II and IV of the report form. The Committee notes that the Equality and Anti-Discrimination Ombud and the Equality and Anti-Discrimination Tribunal have the authority to make recommendations and pass rulings with respect to decisions by, or general practices of, governmental and state institutions, including regarding those laws that might contravene equality and anti-discrimination legislation. The Ombud has the competence to investigate alleged non-compliance with the law and make recommendations, which can be appealed before the Tribunal. The rulings of the Tribunal are administratively binding but may be overruled by a court of law. The Committee also notes the specific responsibilities of the Ombud to promote equality with respect to the grounds set out in Article 1(1)(a) of the Convention and other prohibited grounds of discrimination, as well as its additional responsibilities to initiate and promote efforts to advance gender equality. The Committee asks the Government to provide information on the following: (1) the activities of the Equality and Anti-Discrimination Ombud to promote equality with respect to the grounds contained in Article 1(1)(a) of the Convention, as well as on the specific activities carried out in the context of its responsibilities to promote and advance gender equality; (2) the number of complaints received and their outcomes; and (3) any recommendations and rulings made by the Ombud and the Tribunal on the application of the equality and anti-discrimination legislation.

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

The Committee notes with interest the adoption of new legislation in the field of equality and non-discrimination. It notes in particular the following: the Act (No. 33 of 2005) on the prohibition of discrimination based on ethnicity, religion, etc. (Anti-Discrimination Act); the Act (No. 38 of 2005) to amend the Act (No. 45 of 1978) respecting equality between the sexes, etc. (Implementation of Directive 2002/73/EC of the European Parliament and of the Council and incorporation into Norwegian law of the United Nations Convention on the Elimination of All Forms of Discrimination against Women and its Optional Protocol); the Act (No. 40 of 2005) on the Equality and Anti-Discrimination Ombud and the Equality and Anti-Discrimination Tribunal (Anti-Discrimination Ombud Act); and Chapter 13 concerning protection against discrimination of the Act (No. 62 of 2005) relating to working environment, working hours and employment protection, etc. (Working Environment Act). The Committee notes that the Anti-Discrimination Act of 2005 prohibits and defines direct and indirect discrimination on the grounds of ethnicity, national origin, descent, skin colour, language, religion or belief, and prohibits harassment and instructions to discriminate on the basis of these grounds, as well as acts of reprisal. The Act also provides for positive action and the shifting of the burden of proof on the person allegedly responsible for breaching the provisions of the Act. The Committee further notes the new provisions pursuant to the amendments to the Gender Equality Act of 1978 concerning the obligation of employers, organizations and institutions to prevent sexual harassment, the shared burden of proof and the objective liability for damages in cases of infringements of the law. Finally, it notes that Chapter 13 of the Working Environment Act prohibits direct and indirect discrimination on the basis of political views, membership of a trade union, sexual orientation, disability or age, as well as harassment and the instruction to discriminate on the basis of these grounds. With respect to discrimination based on gender, the Working Environment Act specifies that the Gender Equality Act will apply and, with respect to discrimination on the basis of other grounds, the Anti-Discrimination Act will apply. The Working Environment Act further provides for protection against discrimination in all aspects of employment and contains provisions on the burden of proof and preferential treatment. The Committee asks the Government to provide information in future reports about the application in practice of the Gender Equality Act, the Anti-Discrimination Act, the Working Environment Act and the Anti-Discrimination Ombud Act.

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

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Article 1 of the Convention. Definition of discrimination. The Committee notes with interest the amendments adopted to the Working Environment Act (Act No. 4 of 1977). It notes the new provisions introduced prohibiting direct and indirect discrimination in employment and occupation (section 54 C). It also notes that section 54 A provides that the prohibition of discrimination applies to all aspects of employment, including access to employment, hiring, replacement, training and other skills development measures, wage and employment conditions and termination of employment. The Committee notes that under section 54 B of the Act, the prohibited grounds of discrimination are sex, religion, life view, colour, national or ethnic origin, political opinion, membership of a workers’ organization, sexual orientation, disability or age. The Committee notes that section 54 G of the Working Environment Act prohibits victimization of an alleged victim and that section 54 I provides in relation to burden of proof that, if it may be presumed that an alleged victim has been discriminated against, the defendant must demonstrate that the prohibition has not been infringed. The Committee notes that victims of discrimination may lodge a claim for redress and compensation for non-economic loss irrespective of whether the employer is at fault (section 54 J).

2. Prohibited grounds of discrimination: Social origin. The Committee notes that "social origin" is not enumerated as a prohibited ground of discrimination in section 54 B of the Working Environment Act. Recalling that "social origin" is one of the prohibited grounds of discrimination set out in Article 1(1)(a) of the Convention, the Committee notes the Government’s statement that it is not clear whether the proposed legislation on protection against ethnic discrimination will cover discrimination based on social origin. It notes that the Bill on protection against ethnic discrimination will be submitted to Parliament (Storting) in the near future. The Committee reiterates its previous request to the Government to provide clarifications with its next report on how the prohibition of discrimination based on social origin is ensured.

3. Scope of legislative protection. With reference to its previous comments, the Committee recalls that under section 2 of the Working Environment Act certain sectors are excluded from the application of the Act, such as shipping, hunting and fishing and homeworkers. It also noted that the Seaman’s Act does not prohibit discrimination based on sex. In this connection, the Committee notes with interest the Government’s statement that the proposed legislation against ethnic discrimination (see point 7) will prohibit discrimination in employment for workers excluded from the scope of application of the Working Environment Act. Please continue to provide information on any measures taken to ensure that the Convention is applied, in law and practice, to workers in all sectors of the economy.

4. Article 1(2). Inherent requirement of the job. The Committee has previously expressed concerns regarding former section 55 of the Working Environment Act which has been repealed by the abovementioned amendments. It notes that the same provision has been introduced in new section 54 D(4) which provides that an employer may ask a job applicant to supply information, inter alia, regarding her/his political, religious, cultural views if this is justified by the nature of the position, or if the purpose of the employer’s activity is to promote particular political, religious or cultural views and the position is essential for the fulfilment of that objective. The Committee hopes that this provision will be applied in conformity with Article 1(2) of the Convention and requests the Government once again to provide information with its next report on the application of the provisions now contained in section 54 D(4), including in particular decisions of the relevant judicial and other bodies competent to enforce the Act.

5. Article 2. Equality of opportunity and treatment of men and women. With reference to its previous comments, the Committee recalls that differential treatment under the Equal Status Act to promote gender equality is authorized for men in education and childcare occupations. It observes in this respect that the number of men working in childcare increased to 8 per cent in 2004, compared to 3 per cent in 1991. The Committee notes that the Department for Children and Families has recently prepared an action plan for equality in childcare (2004-07), the aim of which is to increase the proportion of men employed in childcare to 20 per cent in 2007. The Committee requests the Government to provide information on the results achieved by the action plan on other measures taken or envisaged to encourage men and women workers to engage in non-traditional occupations. Also noting that the Government appointed a committee in October 2003 to examine problems related to the manner in which part-time work is distributed between men and women, the Committee requests the Government to provide a copy of the findings of this committee with its next report.

6. Equality of opportunity and treatment on the grounds of race, colour and national extraction. The Committee notes the Government’s statement that proposed legislation against ethnic discrimination is to be submitted to the Parliament (Storting) in the near future. It also notes that on 1 July 2002 the Government submitted an action plan to combat racism and discrimination (2002-06). The Committee requests the Government to provide detailed information on the measures taken under the action plan to combat ethnic discrimination and to provide a copy of the legislation to combat ethnic discrimination once it has been adopted.

7. The Committee also notes from the Government’s report submitted under Convention No. 122, the numerous initiatives taken by the Norwegian Public Employment Service (Aetat) to integrate immigrants into the labour market, including Aetat’s declaration of June 2003 of a racism-free zone which was the start of a campaign to change attitudes involving the entire agency. It also notes the steps taken to integrate unemployed immigrants through various labour market measures and that the aim of placing at least 60 per cent of unemployed immigrants in work was achieved in 2002. The Committee asks the Government to continue providing information on the measures taken or envisaged to promote equality in access to employment, and to vocational training institutions irrespective of race, colour and national extraction, as well as statistical data on the Norwegian labour market, disaggregated by ethnicity and sex.

8. Enforcement. Parts III and IV of the report form. The Committee also notes that the Government plans to submit a proposal to the Parliament (Storting) in 2004 on the establishment of a new machinery to enforce both the Equality Act and the proposed legislation on ethnic discrimination. The Committee requests the Government to provide detailed information on the progress made with the adoption of these measures.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information contained in the Government’s report and the comments submitted by the Confederation of Norwegian Business and Industry (NHO).

1. The Committee notes with interest the adoption on 21 May 1999 of the Human Rights Act No. 30 of 1999 under which some human rights conventions became applicable as national law to the extent that they are binding for Norway. The Committee notes that section 2 of the Human Rights Act enumerates the following international instruments: the European Convention for the Protection of Human Rights and Fundamental Freedoms, 1950; the International Covenant on Economic, Social and Cultural Rights, 1966; the International Covenant on Civil and Political Rights, 1966; the Optional Protocol to the International Covenant on Civil and Political Rights, 1966; and the Second Optional Protocol to the International Covenant on Civil and Political Rights, 1989. The Committee notes that where national legislation is in conflict with any of the above conventions, the latter take precedence (section 3).

2. The Committee notes that under the Human Rights Act (No. 30 of 1999) both article 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, 1950, and article 2 of the International Covenant on Civil and Political Rights, 1966, enumerate the following prohibited grounds of discrimination: race, colour, sex, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status. Considering that social origin is not explicitly mentioned in the Worker Protection and Working Environment Act No. 4 of 1977 (the Working Environment Act) as a prohibited ground of discrimination, the Committee requests the Government to confirm that as a result of the adoption of the Human Rights Act, it is henceforth prohibited by law to discriminate in employment and occupation on the basis of social origin. In this regard, the Committee notes the Government’s statement that administrative principles are applicable to cases of discrimination on the basis of social origin. However, it also notes the statement by the Confederation of Norwegian Business and Industry (NHO) that administrative principles are not applicable to the private sector. NHO also states that no court has applied non-statutory principles of administrative law in the private sector within the field of labour law. The Committee requests the Government to provide a clarification on this point with its next report.

3. The Committee notes that on 5 May 2001, section 55A of the Working Environment Act was amended to prohibit discrimination of disabled persons in recruitment practices. The Committee further notes the obligation of the employer to disclose in writing to a job applicant who so requests, information on the training, experience and other qualifications of the person hired where there are reasonable grounds for assuming that discrimination has occurred. It also notes the shared burden of proof and the possibility to obtain compensation in the event of discriminatory treatment. However, the Committee reiterates its concern respecting the first paragraph of section 55A, which has not been amended, under the terms of which information regarding the political, religious and cultural views of a job applicant may be requested if the purpose of the employer’s activities is to promote political, religious or cultural views, and the position is essential for the fulfilment of that objective. The Committee recalls that Article 1(2) of the Convention, respecting the application of exceptions to the principle of non-discrimination, to jobs that do not by their nature carry with them a special responsibility to contribute to the attainment of the institution’s objectives, and notes this concern still has not been addressed in an adequate manner by the Government. The Committee therefore requests the Government to provide information with its next report respecting the application of exceptions to the principle of non-discrimination, and reiterates its request for information on the practical application of section 55A of the Working Environment Act.

4. The Committee recalls its previous comments concerning section 2 of the Working Environment Act, in accordance with which certain sectors, such as workers employed in shipping, hunting and fishing, including the processing of catch on board ship, and military aviation, are exempted from the scope of the Act and thereby from any protection against discrimination. It also recalls that the coverage of the Act does not extend to homeworkers and that the Seamen’s Act No.18 of 1975 only provides protection against discrimination on the ground of sex. The Committee therefore reiterates its request to the Government to provide detailed information on any measures taken or contemplated to secure protection against discrimination in employment to workers in the sectors not covered by the Working Environment Act. In this respect, the Committee asks the Government to include any assessment or evaluation of the impact, if any, of the Human Rights Act on protecting these workers from non-discrimination.

5. The Committee notes that differential treatment to promote gender equality, as permitted under the Equal Status Act (Act No. 45 of 1978), has been authorized for men in education and childcare occupations, and that they may be given preferential treatment both for training and job opportunities in accordance with Ordinance No. 622 of 1998 respecting special treatment of men. The Committee requests the Government to provide information on the effect that this measure has had in promoting an improved balance of men and women in these occupations.

6. The Committee further notes the Government’s statement that it appointed a committee in March 2000 to draw up proposals for a bill to prohibit ethnic discrimination, and that it is to complete its work by June 2002. It notes that this committee is to examine how legal protection against ethnic discrimination can be strengthened; propose a new act prohibiting ethnic discrimination; review various penal measures; review the role of the Centre for Combating Ethnic Discrimination; and review the UN Convention on the Elimination of all Forms of Racial Discrimination in relation to Norwegian law. The Committee requests the Government to provide detailed information with its next report on the conclusions and recommendations of this committee and the resulting action taken.

7. The Committee notes the Government’s statement respecting the Norwegian Public Employment Service and the measures adopted to ensure the application of non-discriminatory policies in placement services. It particularly notes the efforts made through the training of placement officers and the dialogue carried out with employers to encourage placing non-nationals in employment and occupation in accordance with Article 3(e) of the Convention. The Committee notes the detailed statistical information supplied by the Government. It observes that the unemployment rate for immigrants was 6.9 per cent in November 2000, while the rate for the total population was 2.7 per cent. The Committee also notes that the unemployment rate still varies quite largely among people of different ethnic origins, with immigrants from Africa having the highest unemployment rate (12.9 per cent in November 2000). The Committee requests the Government to continue to provide information in its next report on the measures taken to promote equality in access to all occupations and employment, and to vocational training institutions, as well as statistical data on the Norwegian labour market, disaggregated by ethnicity and sex.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes with interest the amendments made by Act No. 21 of 14 June 2002 to the Equal Status Act, No. 45 of 9 June 1978, inserting section 1(a) which sets out the obligation of authorities, employers, employers’ organizations and trade unions to actively promote gender equality at all levels of society. It notes that in their annual reports enterprises must include information on the actual measures taken and/or envisaged to promote gender equality. The Committee notes that section 3 prohibits direct and indirect discrimination and that direct discrimination is defined as treating men and women differently due to their gender and placing women in an unfavourable position due to pregnancy or childbirth, or treating men or women workers less favourably in cases where they avail themselves of the various types of leave granted to a specific gender. Indirect discrimination is defined as any action appearing to be neutral, but which in practice has the effect of treating one gender less favourably than the other gender. Section 3(a) of the Equal Status Act permits differential treatment to promote gender equality, as well as protective legislation for women in respect of pregnancy, childbirth and breastfeeding and section 8(a) of the Equal Status Act prohibits sexual harassment. It notes that employers are responsible for both preventing and putting an end to sexual harassment at the workplace. Finally, the Committee notes that under section 16 the burden of proof for direct or indirect gender discrimination is placed on the employer. Noting that the statutory measures strengthen the protection against sex discrimination, the Committee would be grateful if the Government would provide information in future on the application and enforcement of the Equal Status Act and its impact in practice on equality between men and women in employment and occupation.

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

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

The Committee notes the information supplied with the Government’s report.

1.  The Committee notes that, on 30 April 1998, section 55A of the Worker Protection and Working Environment Act No. 4/1977 was amended to include a provision prohibiting discrimination in recruitment practices on the basis of race, colour, national or ethnic origin, sexual orientation or cohabitation. It notes also that the amendment expands protection to cover sexual orientation and cohabitation, and that the amendment as adopted differs from an earlier draft sent to the Committee. Noting that the present amendment incorporates a provision whereby information regarding the political, religious and cultural views of a job applicant may be requested if the purpose of the employer’s activities is aimed at promoting political, religious or cultural views, and the position is essential for the fulfilment of that objective, the Committee draws the attention of the Government to Article 1(2) of the Convention which permits "any distinction, exclusion or preference in respect of a particular job based on the inherent requirements thereof". In this context, the Committee recalls its previous comments regarding the application of exceptions to the principle of non-discrimination to jobs that do not by their nature carry with them a special responsibility to contribute to the attainment of the institution’s objectives, and notes that this concern has not been addressed in an adequate manner. It requests the Government to provide information in its next report on the practical application of section 55A.

2.  The Committee recalls its previous comments on section 2 of Act No. 4/1977 whereby certain sectors - including workers employed in shipping, hunting and fishing, including the processing of catch on board ship, and military aviation - are exempted from the scope of the Act and thereby from any protection against discrimination. It also recalls that coverage of the Act does not extend to homeworkers. It further recalls that the Seamen’s Act No. 18/1975 provides protection against discrimination only on the ground of sex. The Committee requests the Government to provide information on any measures taken or contemplated to secure protection against discrimination in employment to workers in the sectors of activity not covered by Act No. 4/1977.

3.  Further to its observation regarding the wide range of measures taken by the Government to ensure equal opportunities in employment and occupation for persons from different ethnic backgrounds, the Committee notes the information provided with the Government’s report including the White Paper on Immigration and a Multicultural Norway (St meld No. 17 (1996-97)) and the Governmental Plan of Action to Combat Racism and Discrimination (1998-2001). It notes with interest that the plan of action is aimed at reducing structural barriers to employment and identifies seven priority areas including, inter alia, measures to ensure equal opportunities for employment, and promotion and protection against unfair dismissal in the labour market.  Noting also that the unemployment rate for immigrants was 6.3 per cent compared with 2.2 per cent for the total population, with immigrants from Africa having the highest rate of unemployment (12.6 per cent in May 1999) (CERD/C/363/Add.3 of April 2000), the Committee notes the measures taken to increase the recruitment of persons from an immigrant background in public sector employment (1998-2001). In this respect, it also notes the information contained in the "Presentation by Norway at the European Conference against Racism", Strasbourg, 11-13 October 2000 and that the Ministry of Education, Research and Church Affairs has established a national database for the recognition of foreign higher academic qualifications. The Committee asks the Government to provide information on the implementation of measures taken to combat direct and indirect discrimination and the results obtained, and to provide statistical data on the Norwegian labour market, disaggregated by ethnicity and sex.

4.  The Committee notes from the Government’s report the establishment of a Centre to Combat Ethnic Discrimination in 1999 to monitor racial discrimination and provide legal aid to individuals who have been discriminated against on the grounds of religion or belief, race, colour, national or ethnic origin. It notes also that in March 2000, the King’s Private Council established a committee to review current legislation on racial discrimination and to draw up proposals by spring 2001 for an act to prohibit racial discrimination. The Committee requests the Government to keep it informed on the work of the Centre and of the committee on racial discrimination, and their work in monitoring, enforcement, legislative revision and other relevant projects.

5.  The Committee notes with interest the Government’s public apology to the Roma in February 1998 for injustices committed in the past by the Norwegian authorities against these people. It also notes that the Ministry of Local Government and Regional Development is responsible for developing and coordinating government policy towards racial minorities and that the Government is to submit a report to Parliament in 2000 regarding the treatment of the Kvens, Skogfinn, the Roma and the Jews. Noting that this report is to detail the principles and objectives that are to provide the basis for future policy initiatives towards racial minorities and to include measures to ensure equality of treatment, the Committee hopes the Government will address employment-related issues in this initiative and will supply full information in this regard in its next report.

6.  The Committee requests the Government to continue to provide information in its next report on measures taken to promote gender equality in access to all occupations and employment, and to vocational training institutions.

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

In addition to the numerous activities the Government has been undertaking over the years to promote gender equality, the Committee notes with interest the wide range of measures recently taken by the Government to promote equality of opportunity on grounds of race and national extraction in access to employment and occupation including the Governmental Plan of Action to Combat Racism and Discrimination (1998-2001), the establishment of a Centre to Combat Ethnic Discrimination, the creation of a committee to review legislation on racial discrimination, and the database for recognition of foreign workers’ academic qualifications.  It also notes the Government’s public apology for past injustices to the Roma people (travellers) in February 1998.

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

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

The Committee takes note of the information supplied by the Government in its report, and the comments of the Confederation of Trade Unions in Norway (LO) and the Norwegian Shipowners' Association (NR).

1. The Committee recalls that the Committee set up by the Governing Body in 1983 under article 24 of the ILO Constitution to investigate the alleged inconsistency of section 55A of the Worker Protection and Working Environment Act No. 4/1977 with Article 1, paragraph 2, of the Convention stated that this provision in its present wording "appears to be drafted in such a way that its exception clause could be applied in respect of jobs that do not by their nature carry with them a special responsibility to contribute to the attainment of the institution's objectives". The Committee recalls that section 55A prohibits employers, in recruitment, from demanding that applicants supply information concerning, inter alia, their political, religious or cultural views except where such information is justified "by the nature of the position or if the objective ... of the employer in question includes promotion of particular political, religious or cultural views and the position is essential for the fulfilment of the objective".

2. The Committee notes with interest from the Government's report that, following debate in 1996, a legislative proposal was presented to Parliament on 16 May 1996 to amend section 55A. It also notes the LO's statement that if the proposal is adopted in its present form, the LO will be satisfied with the implementation of the Convention in Norwegian law. According to the report, the proposal gives a person seeking employment the right to be informed in writing of the objective qualifications required for a particular post, and, if court challenges arise, places the burden on the employer of proving that there was no unlawful discrimination in the process of engaging the candidate. The Committee, recalling that Article 1(2) of the Convention permits distinctions, exclusions or preferences in respect of a particular job only on the basis of the inherent requirements of that job, asks the Government to transmit a copy of the proposed text.

3. The Committee would be grateful if the Government would supply a copy of the White Paper on Immigration and a Multicultural Norway (St meld No. 17 (1996-97)), the Governmental Plan of Action to Combat Racism and Discrimination, and the Study on the living conditions among eight of the main immigrant groups, conducted by Statistics Norway. According to the Government's report to the Committee on the Elimination of Racial Discrimination (UN document CERD/C/320/Add.1, dated 23 June 1997), these documents provide information on the practical application of the national policy on equal opportunity and discrimination in employment.

4. The Committee notes that the Government's report is silent as regards section 2 of Act No. 4/1977, raised in its previous comments, which excludes from the scope of the Act (and thus from the protection against discrimination contained in it) workers employed in shipping, hunting and fishing, including the processing of catch on board ship, and military aviation. The Committee has already observed that workers in seagoing navigation are protected under the Seamen's Act. No. 18/1975, which, however, provides protection only against discrimination based on sex. The NR points out that Act No. 18 contains no provision permitting treatment on the basis of race, colour and national or ethnic origin. The Committee points out, however, that the absence of discriminatory provisions in Act No. 18 might not be sufficient to assist those workers in the shipping, hunting and fishing sectors in claiming redress against discrimination in employment on grounds of race or national extraction. It accordingly again asks the Government to supply information on how workers in those sectors of activity not covered by Act No. 4/1977 are given protection against discrimination in employment on grounds other than sex.

5. Noting that the Government does not comment on the amendment to Act No. 4/1977 (by Act No. 2/1995) which extends the principal Act's coverage to homeworkers, the Committee again asks to be kept informed of any regulations issued by the King to give these workers protection against discrimination under the 1977 Act.

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

1. The Committee takes note of the information supplied by the Government in its report, in particular its indications concerning equality of opportunity and treatment for workers governed by the Norwegian International Ships Register Act.

2. In its previous comments, the Committee had noted that section 2 of the Worker Protection and Working Environment Act No. 4/1977, containing guarantees against discrimination in employment, excludes from the scope of the Act workers in certain sectors of activity (seagoing navigation, hunting and fishing, including the treatment on board of the produce of fishing, and military aviation) and that the Government had explained that workers in seagoing navigation are protected under the Seamen's Act No. 18/1975, an Act which, however, provides protection against discrimination on the basis of sex, but not on all the grounds listed in Article 1, paragraph 1(a) of the Convention.

The Committee notes with interest that following amendments of 27 November and 15 December 1992 to the regulations on the scope of application of the Seamen's Act, the seamen's legislation was essentially replaced by the Worker Protection and Working Environment Act No. 4/1977 for workers on drilling vessels and other mobile installations in the petroleum sector. The Committee also notes, however, that the Government has not supplied information on how workers in other sectors of activity not covered by Act No. 4/1977 are protected against discrimination on the grounds listed in Article 1, paragraph 1(a) of the Convention; it accordingly asks for such indications in the next report.

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

The Committee takes note of the information supplied by the Government in its report.

1. The Committee recalls that the Committee set up by the Governing Body in 1983 under article 24 of the ILO Constitution to investigate the alleged inconsistency of section 55A of the Worker Protection and Working Environment Act No. 4/1977 with the Convention stated that this provision in its present wording "appears to be drafted in such a way that its exception clause could be applied in respect of jobs that do not by their nature carry with them a special responsibility to contribute to the attainment of the institution's objectives". The Committee recalls that section 55A prohibits employers, in recruitment, from demanding that applicants supply information concerning, inter alia, their political, religious or cultural views except where such information is justified "by the nature of the position or if the objective ... of the employer in question includes promotion of particular political, religious or cultural views and the position is essential for the fulfilment of the objective".

2. The Government states, in reply to the Committee's previous comments following up on the representation, that it is continuously keeping the provision under review. The Government adds that the question as to whether this provision is in conflict with the Convention will depend on its interpretation by national courts, and that no cases were brought under the section in question during the period of the report. The Committee therefore requests the Government to continue to take measures to ensure that section 55A is worded, interpreted and applied in such a manner as to be in conformity with Article 1, paragraph 2, of the Convention, and to inform it in future reports of any developments in the matter.

3. In its previous comments, the Committee had noted that section 2 of Act No. 4/1977 excludes from the scope of the Act, and thus from the protection against discrimination contained in it, workers employed in shipping, hunting and fishing, including the processing of catch on board ship, and military aviation. Workers in seagoing navigation are protected under the Seamen's Act No. 18/1975, which, however, provides protection only against discrimination based on sex. The Committee again asks the Government to supply information on how workers in sectors of activity not covered by Act No. 4/1977 are given protection against discrimination in employment as provided by the Convention.

4. The Committee notes with interest the amendment to Act No. 4/1977 by Act No. 2/1995 to make it applicable to homeworkers. Noting that the extent to which the Act shall be applicable to homeworkers, and employees who perform housework, supervision or care in the household of private employers, is to be determined by regulations prescribed by the King and that the King has not yet issued any such regulations, the Committee asks to be kept informed of any regulations made having a bearing on the protection against discrimination provided by the Act.

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

1. The Committee notes the Government's report. The information supplied by the Government in reply to previous comments regarding reported differences in male and female wages and the gender-divided labour market will be pursued in the context of the report due on Convention No. 100.

2. The Committee notes with concern that no measures have been taken to comply with the 1983 report of the Committee set up under article 24 of the ILO Constitution to examine Norway's application of Article 1, paragraph 2, of the Convention, recommending that the Government remove any inconsistency between section 55A of the Worker Protection and Working Environment Act, No. 4/1977 and this Article. The 1983 report concluded - and the present Committee has endorsed this conclusion - that section 55A is drafted in such a way that it allows employers to question job applicants about their political, religious or cultural views even where such views are not relevant to the inherent requirements for the performance of certain jobs. The Committee had noted the Government's explanation that the parliamentary committee set up to examine the relationship of the two provisions decided in 1992 that there was no contradiction between section 55A and the Convention, and that, if it should appear that section 55A conflicts with the provisions of the Convention, the question of revising the section would be considered again. As the current report is silent on follow-up in this matter, the Committee draws the Government's attention to paragraph 127 of its 1988 General Survey on Equality in Employment and Occupation, which states that Article 1, paragraph 2, of the Convention should be interpreted in such a manner that criteria such as political opinion, national extraction and religion may be taken into account in connection with the inherent requirements of certain posts involving special responsibilities, but that if carried beyond certain limits, this practice comes into conflict with the provisions of the Convention.

3. Since it is the obligation of member States of the ILO under article 19(5)(d) of the Constitution to "take such action as may be necessary to make effective the provisions" of a ratified Convention, the Committee once again urges the Government to keep section 55A under review in the light of the 1983 recommendation in order to ensure that it be worded, interpreted and applied in a manner which does not conflict with the Convention. In particular, it requests the Government to provide information in future reports on any developments, such as court challenges to section 55A, concerning its interpretation and application to jobs where criteria such as political, religious or cultural views are not inherent requirements of the job.

4. The Committee is addressing a request directly to the Government on certain other points.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

1. In its previous direct requests, the Committee noted that under section 2 of the Worker Protection and Working Environment Act, No. 4/1977, which contains guarantees against discrimination in employment, workers in certain sectors of activity (seagoing navigation, hunting and fishing, including the treatment on board of the produce of fishing, and military aviation) are excluded from the scope of this Act. The Committee takes note of the information furnished by the Government that workers in seagoing navigation are protected under the Seamen's Act No. 18 of 30 May 1975 as amended in 1985. Noting, however, that Act No. 18/1975 does not contain provisions prohibiting discrimination on grounds other than sex, the Committee repeats its request to the Government to take measures to ensure that workers outside the scope of Act No. 4/1977 are protected against acts of discrimination on all the grounds listed in Article 1, paragraph 1(a), of the Convention. The Committee also requests the Government to specify in its next report how workers in the other sectors of activity not covered by Act No. 4/1977 (those employed in hunting and fishing, including the treatment on board of the produce of fishing, and military aviation) are protected against discrimination in employment.

The Committee notes that the Government has not indicated whether an exemption from coverage under the Equality Between the Sexes Act, No. 45/1978, has been made pursuant to its section 2. It therefore again asks the Government to indicate whether an exemption has been made and to supply the reasons for any such action.

2. The Committee notes that the Norwegian International Ships Register (NIS) Act, No. 48 of 12 June 1987, entered into force on 1 July 1987. Noting that section 6 thereof provides for collective agreements to fix the terms of pay and employment and other working conditions on ships in this register and that collective agreements may be concluded with Norwegian or foreign trade unions, the Committee recalls that specific problems may arise in connection with equal treatment if persons with comparable qualifications and performing work of equal value, especially on the same ship, may be subject to different conditions of employment, and particularly different remuneration. The Committee recalls that 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 therefore requests the Government to supply full information, including the text of collective agreements covering ships registered in the Norwegian International Ships Register so as to enable the Committee to ascertain that, beyond residence and nationality, no discrimination is involved, directly or indirectly, on any of the grounds prohibited by the Convention.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the Government's report for the period ending 30 June 1992 and the comments of the Confederation of Norwegian Business and Industry (NHO) on the application of the Convention which were transmitted by the Government.

1. The Committee notes that, according to the NHO, reported differences in male and female wages should be viewed in the light of wages paid in positions held mainly by men and in positions held mainly by women rather than as differentials in male and female pay for the same job, which is not a problem in Norway. The NHO considers that the real problem is that positions employing mainly women pay lower wages than jobs where mainly men work and that women may experience more obstacles than men in advancing to higher positions. The Government reports that, despite the large increase of women in employment (slightly less than half the workforce in the first half of 1992 being female), and the fact that the proportion of women studying typically male-dominated subjects has risen, occupational segregation continues. The Committee welcomes the Government's efforts to overcome this, for example through the measures taken by the labour market services to help widen women's choice of occupation, the appointment of special labour advisory officers to all county employment offices, the JOB-PROFILE project and the continuation of other measures already notified in earlier government reports. It asks the Government to supply information on the results obtained by these measures in bringing equality to the gender-divided labour market and, in particular, to indicate any developments in this connection arising from the government White Paper on equality between the sexes described in the annex to the Government's report. It also refers in this connection to the observation made this year under Convention No. 100.

2. Regarding the effect given to the 1983 recommendation of the committee set up under article 24 of the ILO Constitution, which had requested measures to be taken to remove any inconsistency between section 55A of the Worker Protection and Working Environment Act, No. 45/1977 and Article 1, paragraph 2, of the Convention, the Committee notes that the parliamentary committee created to examine the relationship between the two provisions decided, in 1992, that no contradiction between them existed. The parliamentary committee asked that the question of the amendment of section 55A be taken up again if it should appear that it conflicts with the Convention.

The Committee recalls the obligation of member States of the ILO under article 19(5)(d) of the Constitution to "take such action as may be necessary to make effective the provisions" of a ratified Convention. This is an obligation to make the provisions of the Convention effective in law and in fact. It is therefore necessary, but not sufficient that the provisions of the law should comply with the requirements of the Convention. It is equally important that the provisions of the law should be fully and strictly applied in practice. In the present case, the Committee recalls that, under Article 1, paragraph 2, of the Convention, certain criteria may be brought to bear as inherent requirements of a particular job, but they may not be applied to all jobs in a given occupation or sector of activity. Thus, as pointed out in paragraph 126 of the 1988 General Survey on Equality in Employment and Occupation, systematic application of requirements involving one or more of the grounds of discrimination envisaged by the Convention, to a category of persons defined by their status or employment in an enterprise, irrespective of the aptitude of those persons to carry out the tasks assigned to them, does not correspond to the inherent requirements of a particular job. In paragraph 127 of the General Survey it was emphasized that criteria such as political opinion, national extraction and religion may be taken into account in connection with the inherent requirements of certain posts involving special responsibilities, but that if carried beyond certain limits, this practice comes into conflict with the provisions of the Convention.

The Committee accordingly urges the Government to keep section 55A under review in the light of the 1983 recommendation that it be worded, interpreted and applied in such a manner as to be in conformity with the Convention and, in particular, so that it does not permit discrimination on the grounds of race, colour, sex, religion, political opinion, national extraction or social origin except "in respect of a particular job based on the inherent requirements thereof", as required by Article 1, paragraph 2, of the Convention. The Committee requests the Government to provide information in its next report on any developments in this respect.

3. The Committee is addressing a direct request to the Government on certain other points.

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

The Committee takes note of the information furnished by the Government in its report.

1. In its previous comments the Committee noted that under section 2 of the Worker Protection and Working Environment Act (No. 4 of 1977), which contains guarantees against discrimination in employment, workers in certain sectors of activity (seagoing navigation, hunting and fishing (including the treatment on board of the produce of fishing) and military aviation) are excluded from the scope of this Act.

From the Government's reply to the Committee's query concerning measures taken to ensure that workers outside the scope of Act No. 4 are protected against discrimination, the Committee notes that the Act respecting equality between the sexes (No. 45 of 1978) applies to all spheres, with the exception of the internal affairs of religious communities and provides for equality based on sex in connection with employment, training and cultural life. The Committee therefore renews its previous requests to the Government as to the measures contemplated or taken to ensure that workers outside the scope of Act No. 4 are protected against acts of discrimination also on all the grounds, other than sex, listed in Article 1(a) of the Convention. The Committee also notes that section 2 of Act No. 45 provides that the Crown may decide in special cases that the Act is not to apply to specific spheres. It would be grateful if the Government would provide information on whether an exemption to the application of this Act has been taken pursuant to section 2 and the reasons underlying such action.

2. The Committee notes with particular interest that the Nordic Council of Ministers has designated pay equity as a priority area and a four-year Nordic equal pay project has now been initiated. The Committee requests the Government to continue to furnish, in its reports on Convention No. 100, information on the developments and results of the project as well as those of the BRYT project (focusing on pay equity and on upgrading the value attached to low-paid and women's occupations) and of the projects on pay discrepancies between men and women being undertaken by the Ministry of Labour and Government Administration.

3. The Committee notes that work is still in progress on a Government White Paper (Likestillings meldingen) concerning equality between the sexes in which policy issues will be discussed and proposals made on aspects of equality policy. It hopes the Government will continue to keep it informed of developments on this paper and hopes that in this process consideration will be given to the provisions of the Convention and the Committee's previous comments.

4. The Committee notes with interest the measures taken in the field of training to develop women's technical as well as labour-market skills and knowledge, such as the trial project "Future jobs for women". In the field of vocational guidance it notes the activities undertaken to widen women's occupational choices such as vocational guidance fairs, the project "Bring women into the fisheries", and the "Workshop for the future". In regard to vocational guidance it particularly notes that informant activities play a key role in promoting equality between the sexes. The Committee would be grateful if the Government would continue to provide information on the progress of these activities as well as on other measures taken to or under consideration to give effect to the provisions of the Convention by ensuring equality of opportunity and treatment.

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

The Committee notes the information supplied by the Government in reply to its previous comments regarding section 55 of the Worker Protection and Working Environment Act (No. 45/1977).

The Committee recalls that the Governing Body, in its conclusions adopted in March 1983 regarding a representation submitted by the Norwegian Federation of Trade Unions (LO) under article 24 of the ILO Constitution, has considered that section 55A is drafted in such a way that employers could question job applicants about their political, religious or cultural views where such views are not relevant to the inherent requirements of a given job. The Governing Body has asked the Government to take measures to ensure that section 55A is worded, interpreted and applied in conformity with Article 1, paragraph 2, of the Convention, and to supply information on the way in which the observance of the Convention is ensured in the application of section 55A of the Act.

In its earlier observations the Committee has noted the decision of the Oslo District Court, the order of the High Court of Eidsivating and the order of the Supreme Court of 27 November 1966 concerning a legal action brought by, amongst others, the Norwegian Union of Civil Service Employees against the Board of a Christian college for the training of social workers (Diasos). The Supreme Court order held that a personnel policy of a religious institution for training social workers, which requires that all candidates for employment in its department of social works be asked about their position concerning the Christian faith, is not contrary to section 55A of the Worker Protection and Working Environment Act.

The Committee recalls that the Government, on request of the Parliament (Storting), had undertaken in 1986 a full analysis and assessment of the relations between section 55A and the Convention, on the one hand, and the European and United Nations Conventions on the other. The Government had stated in its report that this study was not yet completed. The Government also indicated that it had received no further information that section 55A has been applied in such a way as to contradict the Convention and since 1987, no case had been brought to trial on the basis of section 55A. The Committee also recalls that a letter from the LO stated that a committee was established in June 1989 to consider whether changes have to be made to the Act.

In this respect the Committee notes from the Government's report that a possible revision of section 55A of the Worker Protection and Working Environment Act will be considered by a Government-appointed tripartite committee currently charged with discussing a large-scale revision of the above-mentioned Act and that the outcome of the work is expected to be available at the end of 1991.

The Committee requests the Government to supply information on the results of the study requested by the Storting, on the work of the above-mentioned tripartite committee and to continue to furnish information concerning the application in practice of section 55A of the Act.

The Committee also expresses the hope that through the revision to be considered, or other appropriate measures, section 55A of the Act will be worded, interpreted and applied in a manner which does not conflict with the Convention and, in particular, does not permit discrimination on the grounds of race, colour, sex, religion, political opinion, national extraction or social origin, excepting "in respect of a particular job based on the inherent requirements thereof."

The Committee is addressing directly to the Government a request concerning other points.

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

The Committee takes note of the information furnished by the Government in its reports.

1. The Committee recalls that under section 2 of the Worker Protection and Working Environment Act (No. 4 of 1977) workers in certain sectors of activity are excluded from the scope of the Act, which contains certain guarantees against discrimination in employment. The activities which remain outside the scope of the Act (after measures noted in the previous request) are sea-going navigation, hunting and fishing (including the treatment on board of the produce of fishing), and military aviation. The Committee points out that there is no provision in the Convention limiting its scope as regards either individuals or occupations. It again asks the Government to indicate the measures taken or under consideration to ensure that workers still outside the scope of Act No. 4 are also protected against acts of discrimination, in conformity with the purpose of the Convention to protect all persons against the types of discrimination to which it refers.

2. With regard to discrimination on the basis of sex, the Committee notes that women in the age range 25-66 years show an increasing tendency in recent years to enter the labour market, and that despite a continued propensity of the majority of boys and girls to choose their education in subjects and lines of study which are traditional for the two sexes, the proportion of women has risen in typically male-dominated fields of learning such as economics and administration, medicine, law and engineering. The Committee notes with interest the positive measures taken by the Government to integrate men and women into non-traditional occupational fields, in particular, the payment of a subsidy to employers who engage a woman in a job traditionally considered to be male and a man in a job considered female; the action aimed at training women in male-dominated occupations by informing and motivating school-aged girls to choose non-traditional education and occupations; and the several aspects of the Nordic "BRYT" project which took place in Norway aimed at developing and trying out models intended to break down the gender-divided labour market. It notes from the reports that, as the project concluded in 1989, it can be considered a qualified success in opening up gender-neutral occupations and training courses to women, but that the gender-separated labour market and traditional choice of occupations persist.

The Committee asks the Government to continue to furnish information on the measures taken or under consideration to give effect to the provisions of the Convention by ensuring equality of opportunity in employment and occupation, and also on the progress achieved. As concerns the new Pan-Nordic project which is to follow on from BRYT it notes that it will focus on pay equality and on upgrading the value attached to low-paid and women's occupations. The Committee hopes to receive information in future reports on its progress. It asks the Government to furnish information on co-operation with employers' and workers' organisations in this field.

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

The Committee notes the information supplied by the Government in its reports, in reply to its previous comments.

In its earlier observations, the Committee has referred to the conclusions adopted by the Governing Body in March 1983, following its examination of a representation submitted by the Norwegian Federation of Trade Unions (LO) under article 24 of the ILO Constitution. The Governing Body considered that section 55A of the Worker Protection and Working Environment Act (No. 4 of 1977) (as amended by Act No. 22 of 1982), was drafted in such a way that employers could question job applicants about their political, religious or cultural views where such views were not relevant to the inherent requirements of a given job. It has asked the Government to take measures to ensure that section 55A is worded, interpreted and applied in conformity with Article 1, paragraph 2, of the Convention, and has asked the Government to supply information on the way in which the observance of the Convention is ensured in the application of section 55A of the Act. The LO has informed the Office, in a letter dated 20 October 1989, that it has again reminded the Government to consider the revision of this provision in the light of the Committee's previous examination of this question.

In its previous comments, the Committee noted the decision of the Oslo District Court, the order of the High Court of Eidsivating, and the order of the Supreme Court of 27 November 1986 concerning a legal action brought by, amongst others, the Norwegian Union of Civil Service Employees against the Board of a Christian college for the training of social workers (Diasos). The Supreme Court order in the case held, on appeal from the two lower court, that a personnel policy of a religious institution for training social workers which requires that all candidates for employment in the Department of Social Works be asked about their position with regard to the Christian faith, is not contrary to section 55A of the Worker Protection and Working Environment Act. The Committee had also noted that the Government, on request of the Parliament (Storting), had undertaken in 1986 a full analysis and assessment of the relations between section 55A and the Convention, on the one hand, and the European and United Nations Conventions on the other. The Government has stated in its report that this study is not yet completed. The Government also indicates that it has received no further information that section 55A has been applied in such a way as to contradict the Convention. Further, since 1987, no case has been brought to trial on the basis of section 55A. The above-mentioned letter from the LO states that a committee was established in June 1989 to consider whether changes have to be made to the Act.

The Committee recalls that section 55A of the Worker Protection and Working Environment Act appears to permit an employer's inquiry into religious, political or cultural views where such views may not be relevant to the inherent requirements of a given job. The Committee wishes to call the Government's attention to its statement in paragraph 127 of its 1988 General Survey on Equality in Employment and Occupation that "in the case of a religious, ethnic or political institution, the inherent requirements of a particular job must also be evaluated in the light of the actual bearing of the tasks performed on the institution's specific objectives". Thus, "criteria such as political opinion, national extraction and religion may be taken into account in connection with the inherent requirements of certain posts involving special responsibilities"; regard must, however, be had to the actual duties of the job in question and, when necessary, to the direct bearing of these duties on the institution's objectives.

The Committee again requests the Government to provide information in its next report on measures taken to ensure that section 55A of the Act is interpreted and applied in a manner which does not conflict with the Convention and, in particular, does not permit discrimination on the grounds of race, colour, sex, religion, political opinion, national extraction or social origin, excepting "in respect of a particular job based on the inherent requirements thereof." The Committee asks the Government to supply information on the results of the study requested by the Storting and to continue to furnish information concerning the application in practice of section 55A of the Act. It also requests the Government to supply information on the points raised in a request that is being addressed directly to it.