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

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

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

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

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

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

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

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

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

The Committee notes the communications from the Trade Union Federation for Professional and Managerial Staff (MHP), dated 27 August 2008, and the Netherlands Trade Union Confederation (FNV), dated 29 August 2008, concerning the application of the Convention, which have been sent to the Government for its comments thereon.

Legislative developments. The Committee notes that there are no new developments in relation to the consolidation of the equal treatment legislation. The Committee further notes with interest that, following the amendment of the Civil Code and the Equal Opportunities Act, sexual harassment is now a prohibited form of sex discrimination. The definitions in these Acts and in the Working Conditions Act have been harmonized.  The Committee also notes that a proposal to include “discrimination” under the notion psychosocial burden (PSA) in the Working Conditions Act is under preparation.  The Government states that by introducing discrimination in the Working Conditions Act, the Labour Inspectorate is given a role in enforcement. The Committee further notes from the information provided by the MHP that the social partners in the Labour Foundation are preparing national recommendations concerning harassment and violence at work. The Committee asks the Government to keep it informed of the status of the proposed amendments of the Working Conditions Act, and on any other measures taken to ensure that employers translate their policy on sexual harassment into practice. Please also provide information on the number of complaints handled by the Equal Treatment Commission and the courts concerning sexual harassment, the sanctions imposed and remedies provided.

Integration and non-discrimination of migrant workers. The Committee notes that, in the context of Dutch immigration and integration policy, a number of legislative measures have been taken with the aim of promoting the civic integration of migrant workers, such as the Civic Integration (Abroad) Act 2005 and the Civic Integration Act 2006. Under the legislation, newcomers, prior and subsequent to their arrival in the Netherlands, but also persons who have resided in the Netherlands for a long time have to follow compulsory integration courses and undergo a compulsory integration exam within a certain limit of time and for which they have to pay. Dutch citizens and citizens from the European Union, the European Economic Area and Switzerland are excluded from the obligations. The Committee notes from the report of the European Commission Against Racism and Intolerance (ECRI) on the Netherlands that “concerns have been expressed that the requirement to pass the integration exam may result in exclusion and discrimination, for instance by employers and service providers, as they may feel authorized to demand integration certificates from persons seeking employment or services”. The ECRI also highlights concerns expressed by civil society that “the measures have been taken to punish and stigmatize immigrants rather than to improve their position in society” (CRI (2008)3, 12 February 2008, page 10). While the Committee considers that measures to promote the social and economic integration of migrant workers certainly contribute to the achievement of equality of opportunity and treatment of ethnic minorities, including immigrants, care should be taken that such measures do not directly or indirectly discriminate against certain ethnic minority groups with respect to their access to employment and occupation within the meaning of Article 1 of the Convention. The Committee therefore asks the Government to provide information on the measures taken, including studies, to monitor the impact of the Civic Integration (Abroad) Act 2005 and the Civic Integration Act 2006 on the employment position of ethnic minorities and to ensure that the requirement of the integration certification is not leading to any discriminatory treatment or stigmatization by employers and the population on the basis of the grounds enumerated in the Convention.

National policy with respect to equality of treatment between men and women and national minorities. Further to its observation, the Committee notes that the Government’s report does not include any particular data on the employment of men and women in various occupations and sectors of employment. The Committee reiterates its request to the Government to provide statistical information, disaggregated by sex and origin, on the employment of men and women in the various sectors and occupations, and their access to high-level posts.

Enforcement. The Committee notes the information provided by the Government on the evaluation of the Equal Treatment Act indicating that more could be done to foster public understanding of the Act, especially targeting ethnic minorities. Professionals of anti-discrimination bureaux and lawyers sometimes have difficulties in applying the notions of direct and indirect discrimination or with the decisions of the Equal Treatment Commission. Noting that the Government’s response to the evaluation by the researchers will be presented to Parliament in the near future, the Committee asks the Government to keep it informed of any further measures taken in follow-up to any recommendations made with respect to the effective enforcement of the Equal Treatment Act.

 

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

The Committee notes the communications from the Trade Union Confederation of Middle and Higher Level Employees Union (MHP), dated 27 August 2008, and the Netherlands Trade Union Confederation (FNV), dated 29 August 2008, concerning the application of the Convention, which have been sent to the Government for its comments thereon.

Legislative protection against discrimination. Social origin

The Committee recalls that the equal treatment legislation omits the ground of “social origin” and that according to the Government “social origin” is covered by the wording of article 1 of the Constitution which prohibits discrimination “on any grounds whatsoever”. The Committee notes the Government’s statement that it has no intention of including the ground of social origin in the national legislation since it considers it to be sufficiently covered by indirect discrimination based on one of the other grounds of discrimination such as race, nationality, religion or personal convictions, gender or civil status, covered by the Equal Treatment Act. The Committee notes that the MHP disagrees with this position and considers that addressing discrimination on the basis of social origin through indirect discrimination based on the abovementioned grounds is problematic. The explicit inclusion of the ground of social origin in the equal treatment legislation would lighten the burden of proof for persons alleging direct discrimination on the basis of social origin. The Committee recalls that the Convention covers both direct and indirect discrimination based on social origin. It also recalls that, where legislative measures are taken to give effect to the principle contained in the Convention, they should include all the grounds contained in Article 1(1)(a) of the Convention. The Committee therefore requests the Government to consider amending the legislation to explicitly include social origin as a prohibited ground of discrimination and to provide information on any progress in this regard.

Discrimination on the basis of race, colour, national extraction and religion

The Committee recalls its previous observation in which it noted that uncertainty remained about the actual impact of the various measures taken by the Government on achieving genuine equality of ethnic minorities in employment and vocational training. Employment data continued to show a mainly negative trend as to the employment and education of men, and particularly women, belonging to ethnic minorities, including immigrant women of Turkish and Moroccan origin. The Committee had therefore requested the Government to increase its efforts to address discrimination against ethnic minority groups, particularly women, and to indicate the extent to which the measures taken had an impact on increasing their access to employment and occupation.

The Committee notes that the Government continues to undertake a number of projects and initiatives, including research, aimed at removing impediments faced by ethnic minorities when entering and advancing in the labour market. It notes that in April 2008 the Labour Foundation presented to the Government a “Declaration on promoting diversity inside and outside the company” addressed to policy-makers, workers’ and employers’ and minority organizations, and continued to call upon the social partners to fight discrimination at work and promote equal opportunities for ethnic minorities. Activities have also been organized in the context of the “European Year of Equal Opportunities for All!”. In addition, new legislation on municipal anti-discrimination facilities (ADVs) is being proposed requiring municipalities to provide accessible anti-discrimination services to assist local residents in handling their complaints. The Committee notes the Government’s indication that, while unemployment among non-Western minorities remains high, some positive trends can be noted. The Government refers to the statistics on the labour market position of “non-Western minorities”, including young people, for 2007, showing that between 2006 and 2007 the labour force participation of non-Western minorities increased by 5.9 per cent as compared to 1.2 per cent for native Dutch; it was the greatest for women belonging to non-Western minorities. The figures also show that the decline in unemployment was markedly greater for non-Western minorities, particularly women. With respect to migrant youth, the Government indicates that the Youth Unemployment Task Force was disbanded in 2007 because it had reached the target set of 40,000 young people finding jobs.

The Committee notes that the FNV, while welcoming the increase in the labour force participation of non-Western minorities, disagrees with the Government’s overall positive analysis of the abovementioned statistics. According to the FNV, clear government policies and measures to stimulate labour participation of non-Western minorities are lacking, especially in light of the results of the “Monitor on discrimination against non-Western minorities on the labour market” (“Discrimination Monitor”) (2007), which show that the labour force participation of non-Western minorities is precarious. The Committee notes that the FNV further highlights the lack of additional data in the Government’s report on the sectors and the quality of employment of non-Western minorities and the differences with native Dutch. Such data are needed to assess whether the measures taken by the Government to eliminate discrimination in the labour market of non-Western minorities are effective and sufficient to address inequalities. Finally, the FNV raises concerns about the very high unemployment rate of young people from ethnic backgrounds (in January 2008, this was 15 per cent against 6 per cent for native Dutch). According to the FNV, the drop in the unemployment rate of young people from ethnic backgrounds is mainly due to economic growth rather than specific measures taken by the Government. The FNV is therefore disappointed that the Government has not followed up on the measures proposed by the Social Economic Council in a report published in 2006 and that the Youth Unemployment Task Force has been disbanded.

The Committee notes from the above that the existence of discrimination and inequality of non-Western minorities in the labour market is widely recognized and documented. It notes from the results of “Discrimination Monitor” (2007) that discrimination against non-Western minorities, and in particular persons of Moroccan origin, impedes their access to the labour market and their ability to secure permanent employment. Non-Western minority jobseekers deal with discrimination by avoiding certain companies or sectors, not providing information on their birth in their application or removing headscarves at work. Furthermore, the figures provided by the Government also show that in 2007 the net labour participation for non-Western minorities was only 51.8 per cent as compared to 68.1 per cent for native Dutch. The unemployment rate of non-Western minority women and men in 2007 also remained as high as 11.4 per cent and 9.9 per cent, respectively, as compared to 5 per cent and 2.8 per cent for native Dutch women and men, respectively. The Committee further notes that complaints submitted to the Equal Treatment Committee in 2006 and 2007 concerning racial and religious discrimination mostly related to discrimination in job selection due to wearing of the headscarf, language requirements and colour of skin. In light of the above and considering that the information by the Government remains general as to the outcomes of the measures taken with respect to the elimination of or decrease in discrimination in employment and occupation of certain ethnic minority groups, the Committee asks the Government to provide information on the following:

(i)    the policies adopted and measures taken, and their impact, to stimulate the labour participation of non-Western minorities, in particular young persons and women, in a wide range of occupations and sectors of employment;

(ii)   statistical data, disaggregated by sex, on the quality of employment of non-Western minorities and the sectors and occupations in which they are employed, indicating any differences with native Dutch;

(iii) the status of the new legislation on municipal ADVs and information on the number and nature of complaints filed which relate to discrimination based on race, colour, religion and national extraction with the courts and the Equal Treatment Commission.

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

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

Legislative developments

1. Article 1 of the Convention. Legislative protection against discrimination. The Committee notes the Government’s statement that the term “race” referred to in Act No. 119 of 21 February 2004 amending the Equal Treatment Act as well as other Acts, must be broadly interpreted in accordance with the International Convention on the Elimination of All Forms of Racial Discrimination, to also include skin colour, and origin or national or ethnic descent. The Committee further notes the Government’s explanation that article 1 of the Constitution prohibits discrimination “on any other grounds whatsoever”, and that the ground of social origin is covered by this wording. The Committee asks the Government to indicate whether it has any intention of including social origin as a ground of discrimination under the equal treatment legislation as this would strengthen the application of the Convention. The Committee would also appreciate receiving information on how article 1 of the Constitution can be used in practice by individuals with respect to complaints of social origin discrimination against individual employers, as well as information on the practical application of the equal treatment legislation, in particular, the number of complaints of discrimination based on race, colour or national extraction received by the relevant authorities, disaggregated by sex, and judicial or administrative decisions on such complaints.

2. Article 1(1)(b). Additional grounds of discrimination. The Committee notes the Government’s statement that the grounds of age and disability or chronic illness fall within the scope of the Convention in accordance with Article 1(1)(b) of the Convention. The Committee further notes that a Bill is being prepared to integrate the Equal Treatment of (Handicapped and Chronically Ill People) Act and the Equal Treatment in Employment (Age Discrimination) Act and the Equal Treatment (Men and Women) Act into the Equal Treatment Act. The Government indicates that the Bill was expected to be sent to the Council of State for advice in May 2006. The Committee asks the Government to keep it informed of any further developments with respect to the consolidation of the equal treatment legislation and to send copies of the consolidated Act, once it is adopted.

3. Sexual harassment. The Committee notes that in January 2006 new draft legislation was submitted to the Lower House including provisions concerning sexual harassment. The draft legislation makes intimidation and sexual harassment a form of unlawful discrimination, extends the employee’s legal protection, prohibits the prejudicial treatment of an employee who is subject to intimidation or sexual harassment, and provides for the shifting of the burden of proof. The Government hopes that the new draft legislation on sexual harassment will soon become law. The Committee further notes that the 2004 evaluation of the Working Conditions Act highlighted a positive trend with respect to compliance by employers of their legal obligations to address sexual harassment at work and that the number of codes of conduct had increased. At the same time, however, sexual harassment appeared to remain widespread, while fewer complaints of sexual harassment were submitted to employers. The study concludes that more needs to be done to translate policy on sexual harassment into practice and to raise awareness of employers and workers. The Committee notes that following the evaluation, a study and a handbook on good practices has been prepared which was to be presented at a conference in 2006. With respect to cases of sexual harassment dealt with by the labour inspectorate, the Committee notes that these will be monitored through the National Survey on Working Conditions, the findings of which were to be available in June 2006. The Committee asks the Government to keep the Committee informed of any developments in the adoption of the Bill on sexual harassment, and to provide copies of the National Survey on Working Conditions 2006, the study and the handbook on good practices as well as information on their use and impact. Please also provide information on any other measures taken to ensure that employers also translate their sexual harassment policy into practice.

National policy with respect to equality of opportunity and treatment between men and women and of ethnic minorities

4. Article. 2. Equality of treatment between men and women with respect to part-time work. The Committee recalls its comments on equality of treatment with respect to part-time work. The Committee refers to its comments on Equal Remuneration Convention, 1951 (No. 100), and the Workers with Family Responsibilities Convention, 1981 (No. 156), and asks the Government to indicate in its next report the measures taken or contemplated to address the underlying reasons for the over-representation of women in part-time employment.

5. Access to employment and occupation, including higher level posts. Further to its observation in which it noted the establishment of the Steering Group on Migrant Women and Employment, the Committee notes that the Government’s report does not include any further information on whether any steps have been taken to evaluate previous and present measures to promote equality in employment and occupation of women and ethnic minorities, including measures to promote their access into higher level posts. The Committee asks the Government to include in its next report updated information, including statistics disaggregated by sex and ethnic origin, on the employment of women and men, in the various sectors and occupations, as well as an evaluation as to whether previous measures have had an impact on improving the labour market situation of women, especially women belonging to ethnic minorities.

6. Article 3(e). Observance of the national policy by placement agencies. The Committee notes that the Work and Income Inspectorate (IWI) has undertaken a study of the non-discrimination code of the Centre for Work and Income (CWI), and that an internal audit led to a new guide on age policy and a new non-discrimination code. The Government, however, does not have any information on its operation in practice or the impact of the non-discrimination code (CWI 2005). According to the CWI, no use has yet been made of the provisions of the code. The Committee asks the Government to continue to monitor the use and impact of the non-discrimination codes developed by the CWI in order to be able to ensure that the national policy on equality is observed by placement agencies, and to keep the Committee informed of any results achieved in this regard.

Enforcement

7. Equal Treatment Commission. The Committee notes the information provided in the Government’s report on the rulings on complaints relating to discrimination handled by the Equal Treatment Commission in 2004 and 2005. The Committee further notes that the Government’s response to the evaluation report of the ETC of June 2005 “Making the Difference” will be submitted to the Lower House and that a second evaluation is currently being carried out focusing on the effectiveness of the legislation, the results of which were expected to be available in June 2006. Furthermore, the Committee notes that the Evaluating the Equal Treatment Act came into effect in November 2005 and expands the power of the ETC to carry out studies on its own initiative. While noting these developments, the Committee hopes that the Government’s response to the abovementioned evaluation report of the ETC will include follow-up to the other recommendations made in the report to improve the application and enforcement of the Equal Treatment Act. The Committee asks the Government to provide information on the outcome of its own evaluations as well as the response to the follow-up of the recommendations in the ETC report “Making the Difference”.

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

The Committee notes the comments attached to the Government’s report of the Trade Union Confederation Middle Categories and Senior Staff Unions (MHP) of 17 August 2006 and the Confederation of Netherlands Industry and Employers (VNO–NCW) of 13 July 2006 concerning the application of the Convention.

1. Discrimination on the basis of colour, race, national extraction and religion. The Committee recalls its previous observation in which it had noted the rapidly deteriorating labour market position of men and women from ethnic minorities and the apparent decline in efforts to eliminate employment discrimination of ethnic minorities despite the fact that discrimination on the grounds of colour, race and national extraction were more prevalent. Moreover, the expression of negative views concerning the presence of ethnic minorities in society, particularly Muslims, had apparently also increased.  The Committee notes the statistics provided by the Government confirming previous figures that the employment rate of ethnic minorities systematically declined between 2001 (49.7 per cent) and 2005 (46.9 per cent) and the unemployment rate almost doubled during that same period (from 8.9 to 16.4 per cent). The Government indicates that a positive trend should nevertheless be noted with respect to first-generation Surinamese and second-generation Antilleans who, even in times of low economic activity, managed to maintain their position in the labour market. The Committee further notes that the Government acknowledges that labour participation of migrant women is still lagging behind that of women of Dutch origin and that participation is particularly low among Turkish and Moroccan women and women from the so-called new ethnic minority groups (e.g. from former Yugoslavia, Somalia, Islamic Republic of Iran and Afghanistan). The Committee notes that in its recent concluding observations the Committee on the Elimination of Discrimination Against Women (CEDAW) expressed similar concerns that racism persisted in the Netherlands and that particularly immigrant, refugee and minority women suffered from multiple forms of discrimination with respect to their access to education and employment. The CEDAW also expressed concerns that gender stereotypes about migrant women and women belonging to ethnic minorities were reflected in their position in the labour market (CEDAW/C/NLD/CO/4, 2 February 2007, paragraphs 15 and 27).

2. The Committee notes that the Government continues to take various measures involving the social partners and minority organizations, to combat discrimination in the labour market on the grounds of race and ethnic origin. In particular, a Task Force on Youth Employment was set up to generate 40,000 jobs for young people and in this context work is being done to counter the negative images of and discrimination against ethnic minorities in the labour market. In addition, projects have been financed with the aim of empowering migrant youth and preparing them for the labour market, and a Steering Group on Migrant Women and Employment will operate until the end of 2007 with the aim of encouraging more migrant women to go to work.  The Committee notes further that the Government’s report includes very general information on a Broad Initiative on Social Cohesion and agreements reached at the Employment Summit in 2005 between the Government and the social partners on the issue of migrant labour participation. The Government also states that the Labour Foundation has made recommendations to parties to collective agreements and companies to pursue a policy on minorities and to combat discrimination in recruitment and selection. The Committee notes that, according to the VNO–NCW, these were the most important achievements over the past few years. With respect to other initiatives taken by the Government, such as guidelines for psychological tests relevant to ethnic minorities for use in job application processes, awareness-raising campaigns on discrimination and research conducted on the removal of impediments to ethnic minorities in the labour market, the Committee notes that the VNO–NCW questions the impact of these measures; it indicates that issues such as early school leaving and language deficiencies as well as levels of qualifications should also be taken into account when presenting the situation of ethnic minorities. The Committee further notes the comments of the MHP stating that due to a change in policy, the post of State Secretary for Equal Opportunity disappeared as did the special attention devoted to equal opportunity policy in the general policy of the Ministry of Social Affairs and Employment. As a result, a number of specific measures with the objective of  promoting the participation of women in the labour market have been discontinued.

3. The Committee appreciates the information provided by the Government on the abovementioned initiatives to address discrimination on the basis of race and national extraction, but remains uncertain about the actual impact and effectiveness of these measures in achieving genuine equality of ethnic minorities in employment and vocational training. The information provided is general as to the contents and outcomes of the initiatives and research undertaken, agreements reached and recommendations made, as well as their follow-up. In view of the fact that, in spite of these measures, employment data continue to show a mainly negative trend as to the employment and education of men and particularly women belonging to ethnic minorities, the Committee reiterates its request to the Government to increase its efforts, in collaboration with employers’ and workers’ organizations, to address discrimination in employment and occupation on the basis of race, colour, ethnic origin or religion. The Committee asks the Government in particular: (1) to provide information demonstrating whether and to what extent measures such as the Broad Initiative on Social Cohesion, the Task Force on Youth Employment, the Steering Group on Migrant Women and Employment, as well as the guidelines on psychological tests and awareness-raising campaigns have had an impact on increasing the access of ethnic minority groups, and particularly women, in employment and occupation; (2) to provide more detailed information on the contents of the agreements reached on migrant labour participation and the recommendations made by the Labour Foundation, as well as on the research conducted on the removal of impediments to ethnic minorities in the labour market, and the specific follow-up given to these initiatives; and (3) to continue to provide statistical data, disaggregated by sex and origin on the employment and training situation of ethnic minorities. Please also provide information on any other measures taken, and their impact, on decreasing discrimination in hiring and promoting access to employment and training of men and women belonging to ethnic minorities.

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

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Legislative developments

1. Article 1 of the Convention. Protection against discrimination. The Committee notes the adoption of Act No. 119 of 21 February 2004 amending the Equal Treatment Act and other Acts of 2004, in order to implement Directive 2000/43/EC of 29 June 2000 implementing the Principle of Equal Treatment between Persons Irrespective of Racial or Ethnic Origin and Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation. It notes with interest that the amended legislation provides for additional protection against direct and indirect discrimination as well as harassment and provides protection against victimisation in the case of discrimination complaints. The Committee notes, however, that, in amending the Act, the Government has not taken the opportunity to include explicitly as prohibited grounds of discrimination national extraction, colour and social origin set forth in Article 1(1)(a) of the Convention; section 2(3) of the Act instead refers to "persons belonging to a certain ethnic or cultural minority group" in the context of special measures. The Committee asks the Government: (a) to clarify in its next report whether the term "race" is intended to cover "national extraction and colour"; and (b) to provide information in its next report on how protection is ensured in law and in practice on the ground of social origin.

2. Article 1(1)(b). Additional grounds of discrimination. The Committee notes the adoption of the Act of 17 December 2003 providing for equal treatment irrespective of age in employment, occupation and vocational training (Equal Treatment in Employment (Age Discrimination) Act), and the Equal Treatment on the Grounds of Disability or Chronic Illness Act of 3 April 2003. Noting also the advice issued by the Equal Treatment Commission (ETC) in August 2005 on a draft bill to consolidate the various equal treatment Acts, the Committee asks the Government: (a) to indicate in its next report whether it intends to apply the provisions of the Convention to the grounds of age and disability in accordance with Article 1(1)(b) of the Convention; and (b) to keep it informed of any further developments with regard to the proposed consolidation of the equal treatment legislation.

3. Sexual harassment. The Committee notes that the Working Conditions Act, which was to be evaluated in 2004, provides a broad definition of sexual harassment and obliges the employer to implement a policy to protect against sexual harassment, violence and aggression. It also notes that the Government intends to include a provision on sexual harassment in the Equal Treatment of Men and Women Act. Furthermore, the Committee notes that while, the Labour Inspectorate has the responsibility to monitor compliance with the Working Conditions Act, according to the Netherlands Trade Union Confederation (FNV), sexual harassment is not always included in inspections. The FNV also refers to major research on harassment that is expected to be published by the Government. The Committee asks the Government to keep it informed of the abovementioned legislative developments and the findings of the research on harassment, and to continue to provide information on the practical application of the relevant legislation and on the number of sexual harassment cases recorded by the labour inspectorate, the ETC and the courts, and how the complaints were dealt with.

National policy with respect to equality of opportunity and treatment between men and women of ethnic minorities

4. Article 2. Equality of opportunity and treatment with respect to part-time employment. With reference to its previous comments regarding the distinctions made in collective agreements between part-time workers and full-time workers and the disproportionate representation of women in part-time work, the Committee notes that the Government continues to draw the attention of the social partners to the provisions of the Equal Treatment (Working Hours) Act and the possibility to seek the advice of ETC on this matter. While noting from the Government’s report on Convention No. 100 that the ETC has found it significant that most of the employers, government authorities and collective agreements negotiators seeking an opinion from the ETC have followed its advice to comply with the Act, the Committee also notes from the latest survey of the Labour Inspectorate on the Labour Market Situation in 2002 that distinctions, some of which are not permitted under the Equal Treatment (Working Hours) Act, continue to exist. The Committee asks the Government to continue to provide information on efforts made to eliminate distinctions in collective agreements and to indicate in its next report any other measures it is taking to address the underlying causes of the disproportionate representation of women in part-time work. Please also refer to the Committee’s comments on Convention No. 100.

5. Access to employment and occupation, including higher level posts. Further to its observation, the Committee notes the statistical information for the year 2003 provided in the Government’s report indicating that while, compared to 1997, the employment rate for women and ethnic minorities has significantly improved, their employment rate remains lower than the average employment rate by 10 and 17 percentage points respectively. The employment rate of ethnic minority women is 26 percentage points lower than the average, while for older women and older ethnic minorities it is 30 and 31 percentage points respectively. The employment rate of young ethnic minority members (15-24 years of age) is even 36 percentage points lower than the average. At the same time, the Committee notes that the greatest increase in the participation of women workers has been in the sectors with the lowest share of women workers, notably construction, public and road transport, and oil and chemistry. In its previous comments, the Committee had noted the various government initiatives to promote equality of ethnic minorities and to increase the number of women in decision-making posts and in new technologies, and had requested information on the implementation and impact of these initiatives. The Committee notes in this regard the information provided by the FNV that "Toplink" has closed down and that the governmental subsidy to Opportunity in Business has been discontinued. The FNV also indicates that hardly any results-oriented reports about the fight against discrimination can be delivered, and that yet another committee for participation among women and ethnic minorities has taken duty. Noting the absence of any further information in the Government’s report on these initiatives, the Committee encourages the Government to undertake a results-oriented analysis of the various measures it has taken since the Committee’s last comments in 2001 to promote equality of opportunity and treatment of women and ethnic minorities, including the 2003 Action Plan on Emancipation and Integration of Women and Girls from Ethnic Minorities and the Integration Task Force. It hopes that the next Government’s report will contain full information in this regard.

6. Article 3(e). Observance of the national policy by placement services. The Committee notes that, following the entry into force in 2002 of the Act on Implementation Structure for Work and Income (SUWI), responsibilities for the reintegration of the unemployed into the labour market has been transferred to the municipalities and the Implementation Unit for Workers Insurances (UWV). The Committee notes with interest that section 22 of the SUWI provides that the Centre for Work and Income (CWI), in fulfilling its duties, ensures that discrimination does not take place in the placement of unemployed persons, and to this end has established a non-discrimination code. The Committee notes in this regard implementing Regulation of 22 February 2005 establishing the Non-discrimination Code CWI of 2005 (replacing the 2002 Code) which protects against direct and indirect discrimination by the CWI staff and its clients in the registration of and the vacancies for the unemployed on the basis of religion, belief, nationality, race, sex, sexual orientation, age or disability. Complaints regarding discrimination notified by the CWI staff, by the employer or jobseeker, can be submitted to the CWI or the ETC. The Committee asks the Government to provide information on the application in practice and the impact of the SUWI and the Non-Discrimination Code of 2005 and also refers to its comments in points 1 and 2 of this direct request with respect to the prohibited grounds of discrimination covered by the legislation concerned.

Enforcement

7. Equal Treatment Commission. The Committee notes the information provided by the Government and the FNV on the number and nature of complaints relating to discrimination handled by the ETC and the courts. The Committee further notes that the recent report of the ETC "Making the Difference: Evaluation of the Equal Treatment Act and the Activities of the ETC. 1999-2004" confirms the limitations on the capacity of the ETC to exercise its powers proactively. It notes that the report contains recommendations to the ETC and the Government to improve the application and enforcement of the Act, such as measures to increase the awareness of the Act and the existing complaints procedures; to investigate the situations in which victimization is most prevalent; to examine why many of the ETC opinions relating to sex discrimination are not being followed; to play a more directing role in order to ensure continuity and strengthen the existing infrastructure to combat discrimination. The Committee asks the Government to continue to provide information on the complaints brought before the ETC and the courts and to provide information on the follow-up to the recommendations set out in the ETC report.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information in the Government’s report and the extensive documentation attached. It also notes the comments and additional information supplied by the Netherlands Trade Union Confederation (FNV) in its communication dated 25 November 2004.

1. Discrimination on the basis of colour, race, national extraction and religion. The Committee notes that the Employment Minorities (Promotion) Act, 1998, which required employers to report on the ratio of ethnic minority employees and on the measures to achieve a greater proportional representation of ethnic minorities in their enterprise, expired in January 2004. In its previous comments, the Committee had noted the broad support for this Act and the increase in the number of reports filed by employers. It had also noted the various measures taken by the Government to follow up on the recommendations arising from the evaluation of the Act such as the "benchmarking tool" of public employment services, and the action taken against employers who did not fulfil their obligations prescribed by the Act. The Committee notes that, as a follow-up to the Act, the Government created the National Network on Diversity (DIV) to raise awareness among employers about the benefits of an enterprise (personnel) policy focusing on diversity, and that it is considering the voluntary registration by employers of the ratio of ethnic minorities. The Committee notes that the FNV, along with other organizations, attempted to prevent the expiration of the Act. The FNV maintains that information on the participation of ethnic minorities in employment and other areas has been more difficult to obtain since the expiration of the Act and that the "benchmarking tool" has not had any positive results. According to the FNV, the Government has not taken enough measures to promote non-discriminatory personnel and recruitment policies despite the fact that discrimination on the grounds of colour, race and national extraction is more prevalent. Different treatment persists with respect to access to employment, and unemployment of ethnic minorities, especially the young, has risen quite sharply during the recent economic recession. The national equality focal point within the Equal Treatment Commission (ETC) no longer exists and the capacity of the ETC to exercise its powers proactively is hampered by limited legal possibilities. The FNV also regrets that no information has been supplied about the unemployment situation of women of Moroccan origin, whose employment situation, as indicated in the Committee’s previous comments, was particularly grim. It maintains that, although the Government published an Action Plan on Emancipation and Integration of Women and Girls from Ethnic Minorities in 2003, most of the specific measures and finances for target groups such as unemployed women from ethnic minorities have been discontinued.

2. The Committee notes that the Annual Reports of the Social and Cultural Planning Office on Ethnic Minorities and on Integration, published in October 2003 and September 2005, respectively, express similar concerns with respect to the weakened position of ethnic minorities in society and the labour market. The 2003 Annual Report on Ethnic Minorities points to the diminishing attention in labour market policy to the situation of ethnic minorities and mentions that with the expiration of the abovementioned Act employers are no longer actively encouraged to increase the proportion of ethnic minorities in their enterprise. Therefore, special measures targeting ethnic minorities are still necessary and require an adequate registration of the number of ethnic minority members in the labour market. The 2005 Annual Report on Integration confirms the sharp increase in the unemployment rate of ethnic minorities from 9 per cent in 2001 to 16 per cent in 2004, with youth unemployment (15-24 years of age) among ethnic minorities even rising to 23 per cent. It states that the weakened economy "wiped out many of the gains made by ethnic minorities between 1995 and 2001". The Annual Report further indicates that the proportion of ethnic minority members employed in occupations at the lowest end of the occupational ladder and under flexible contracts is still relatively high. Furthermore, the number of subsidized contracts, under which many female and older ethnic minorities are employed, is decreasing and having a concomitant impact on the job security of these workers. The Report concludes by expressing concern over the increased negative view concerning the presence of ethnic minorities in society, particularly Muslims.

3. The Committee notes from the Government’s most recent periodical report under the United Nations Covenant on Economic, Social and Cultural Rights that the Government recognizes that ethnic minorities should not be disproportionately affected by the downturn in the labour market. It notes the range of past and present measures presented in the report to address race discrimination and to increase access to training and education of ethnic minority employees to improve their career opportunities and promote sustainable employability, including those under the European EQUAL Programme (E/1994/104/Add.30, 23 August 2005, pages 9-25). While welcoming these measures by the Government and the measures referred to in paragraph 1 of this observation, the Committee notes with concern the rapidly deteriorating labour market position of men and women from ethnic minorities and the apparent decline in efforts to eliminate employment discrimination of ethnic minorities. It therefore hopes that the Government will make every effort to ensure that past gains with respect to equality of ethnic minorities in employment and vocational training are not lost or put at risk. It asks the Government to step up its measures to address discrimination in employment and occupation on the basis of race, colour, ethnic origin or religion and to take active steps, along with the employers’ and workers’ organizations, to promote a climate of tolerance among the different ethnic groups in society. The Committee hopes that the Government’s next report will contain information, including up-to-date statistics disaggregated by sex and ethnic origin, on the measures taken and the practical results obtained to put an end to discrimination in hiring and to promote access of both male and female ethnic minority members to employment and training, including by the DIV.

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

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

Further to its observation, the Committee notes the detailed information provided in the Government’s report and the attached documentation.

1. Discrimination on the basis of sex. Referring to its previous comments related to the distinctions made in collective agreements between full-time and part-time workers and the disproportionate representation of women in part-time work, the Committee notes the information contained in the Government’s report, including the indication that three collective agreements excluded 3,557 part timers working less than 12 hours a week, out of which 2,710 were women, and that other collective agreements partly exclude 77,332 such part-time workers, out of which 60,123 were women. The Committee notes that the Labour Foundation considered that threshold provisions for part timers were inappropriate and recommended that they should be adjusted or revised where possible. Noting that the Government has alerted collective agreement negotiators to the possibility of letting the Equal Treatment Commission assess draft agreements and of seeking relevant advice from the Commission, the Committee requests the Government to keep it informed of further developments concerning these matter, including any activities of the Equal Treatment Commission in this regard. Please also refer to the Committee’s comments under Convention No. 100.

2. The Committee notes that the recent evaluation of the Equal Treatment Act has shown that the objective of equal treatment enjoys broad public support, but that many people are not aware of the Act’s details. The Government points to the necessity of making the Equal Treatment Act and the Equal Treatment Commission better known and of further promoting compliance with the Act. In this respect, the Committee notes the various information booklets on equality submitted by the Government and the Commission’s intention to exercise its powers proactively in the next few years by providing advice, public information, policy follow-up and independent research. Noting that the Equal Treatment Commission has endorsed the establishment of a national equality focal point with a mandate to raise awareness and to give advice, the Committee requests the Government to continue to provide information on the measures taken or envisaged to promote the acceptance and observance of the principles of equality of opportunity and treatment in employment and occupation.

3. The Committee notes the information provided in regard to women’s participation in the labour market. The Committee notes from the report that the women’s share in high-ranking jobs has been growing very slowly, the current average proportion for all sectors being 18 per cent. The Committee notes that, while the ratio of women to men in middle-ranking jobs is 13 to 37, many more men are moving up to the top rank, in particular in the private sector. The Committee notes the information provided on "Opportunities in Business" (OIB) and "Toplink", both encouraging improved participation of women in the private sector. It also notes the implementation of the "Axis 1998" programme and the targets set by the Government, according to which the number of women in the ICT-sector should increase from 10 to 15 per cent in 2004 and to 30 per cent in 2010. The Committee hopes that the Government will take positive action to increase the number of women in decision-making positions and in new technologies. It invites the Government to continue to supply information on the achievements and activities of its initiatives to enhance women’s participation in the labour force, including the OIBs "Balance meter: Facts and figures about the role of women in the various sectors of the Dutch labour market" and the planned network of high-profile equal opportunity pioneers which is to work with Dutch business to promote equality.

4. Discrimination on the grounds of colour, race and national extraction. The Committee notes that an evaluation of the Employment of Minorities (Promotion) Act took place in 2000, showing broad support for the Act’s objectives and that the number of reports filed by employers on the ratio of ethnic minorities on their staff and on measures they propose to achieve a greater proportional representation of minorities in their enterprise, as required under article 5 of the Act, has increased in recent years. According to the Government, the Act is helping to increase awareness of the problems of ethnic minorities in the labour market and on how employers could help remedy them. According to the Government, the Act had a minor, but favourable impact on essential changes in enterprises’ personnel and recruitment policies. The evaluation further found that in enterprises complying with the Act, the proportion of minorities was increasing faster, although this was not a significant trend. The Committee also notes from the report that no direct impact on the labour market position of minorities could be identified so far and that, in 2001, the Government consulted with social partners on the issue of ethnic minorities and on how to improve compliance with the Act. The Government is requested to keep the Committee informed of the outcome and follow-up to these consultations. Noting the various measures devised on the basis of the recommendations arising from the 2000 evaluation of the Act, the Committee requests the Government to provide further details concerning the "benchmarking tool" of the public employment services to compare enterprises’ compliance with the Act. Noting that the public employment services website will publish a list of enterprises that have not complied with the Act, the Committee asks the Government to continue to provide information on the action taken, pursuant to section 10 of the Act, against employers that do not fulfil their obligations prescribed by the Act. Recalling the importance of addressing discriminatory practices in the context of recruitment processes, the Committee requests the Government to provide information on measures taken or planned to further promote non-discriminatory personnel and recruitment policies and their implementation.

5. The Committee notes that the recommendations elaborated by the Joint Ethnic Minorities and Labour Market Task Force established by the Ministry of Social Affairs and Employment and of the Interior were included in the "Policy document on labour market policy for ethnic minorities: Action Plan 2000-01", which was welcomed by the Dutch House of Representatives in June 2000. The action plan calls for additional efforts by the concerned ministries, professional organizations, social benefit agencies, enterprises and other relevant actors in areas such as employment creation, improvement of intercultural management, public information, training, social assistance, and youth employment. The Committee notes with interest the creation of an integration task force charged with improving the integration and employment of refugees and the establishment of a committee for labour participation among women from ethnic minority groups. The Committee requests the Government to keep it informed on the implementation of the abovementioned initiatives and the results achieved.

6. Recalling the previous comments submitted by the Netherlands Trade Union Federation (FNS), concerning the need to earmark funds to reduce unemployment of ethnic minorities, the Committee notes the statistical information provided by the Government on the employment situation of ethnic minorities. It notes that the overall unemployment rate for men and women of ethnic minorities has decreased from 20 per cent to 14 per cent between 1997 and 1999, while in the same period unemployment rate for the native Dutch population decreased from 5 per cent to 3 per cent. Noting that there remains an overall difference of 11 per cent in the unemployment rate of ethnic minorities and native Dutch workers, the Committee observes with some concern that the unemployment rate of 18 per cent for Moroccans in 1999 (1997: 21 per cent) remains particularly high compared to the native Dutch population, but also relatively high compared to other ethnic groups. Moroccan women are the only group for whom the employment situation has worsened between 1997 and 1999. Noting the Government’s explanation that this is to due to the low educational attainment of Moroccan women, the Committee requests the Government to continue to provide information on the measures taken to promote equal job opportunities and employment of Moroccan women and other ethnic minority women.

7. Enforcement of legislation. The Committee notes from the Equal Treatment Commission’s annual report for 1999 that the number of complaints filed decreased substantially from 1998 to 2000 (from 346 to 232 complaints filed). The Committee observes further that the largest share of cases dealt with by the Commission relate to discrimination in recruitment and selection and that complaints against sex discrimination are mainly brought by women, while complainants in cases of racial discrimination were mainly male. Regarding the problem of persons withdrawing their complaints lodged with the Equal Treatment Commission because of fear of retaliation, the Committee notes the Government’s indication that protection from such consequences is afforded by section 8(1) of the Equal Treatment Act which provides that if an employer terminates an employee’s employment in contravention on the grounds that the employee has invoked section 5, either at law or otherwise, such termination shall be invalid. While considering that that measure provides some protection against reprisals, the Committee notes that section 8(1) does not appear to provide protection in cases involving other forms of harmful consequences than dismissal, or to cover other persons than the actual complainant, such as witnesses. Noting the Government’s intention to incorporate a provision specifically about victimization into equal treatment legislation, the Committee requests the Government to keep it informed of this matter in its next report. The Committee asks the Government to continue to provide information on the functioning, activities, and recommendations of the Equal Treatment Commission, including explanations for and action taken against the decline in the number of complaints filed with the Commission, as well as information concerning follow-up to its conclusions. With reference to its previous direct request, the Committee once again requests the Government to provide information on the action taken by government institutions to give adequate follow-up to the Commission’s recommendations.

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

The Committee notes new section 6(a) of the Equal Opportunities Act concerning the burden of proof. The section provides that, when a person, who considers himself or herself to be wronged because a distinction within the meaning of the Act is made or will be made, establishes facts from which such a distinction may be presumed, it shall be for the respondent to prove that the Act has not been violated. It further notes that section 7:648 of the Civil Code, which prohibits discrimination against women, also has been amended accordingly. The Committee looks forward to receiving information on the implementation of the amended legislation and its impact on enforcement.

The Committee is raising related and other points on the application of the Convention in a request directly addressed to the Government.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Further to its observation, the Committee notes the detailed information provided in the Government's report and the attached documentation. It also notes the comments submitted by the Netherlands Trade Union Federation (FNV).

1. Discrimination on the basis of sex. As regards the implementation of the Equal Treatment (Working Hours) Act of 1996, the Committee notes the findings of the study undertaken by the Labour Inspectorate of the Ministry of Social Affairs and Employment concerning distinctions made in collective agreements between full-time and part-time workers. The study found that a number of collective agreements excluded part-time workers who work less than a certain number of hours (12 to 23 hours) a week or excluded this category of workers from receiving certain employment-related benefits. The Government states that excluding part-time workers wholly or partly from collective agreements does not contravene the Equal Treatment (Working Hours) Act, given that parties to such agreements have the possibility to set alternative conditions of employment for part-time workers, provided that reasons for doing so are in the interest of equal treatment. Noting that the United Nations Committee on Economic, Social and Cultural Rights in its concluding observations of 16 June 1998 (E/C.12/1/Add.25) expressed concern on the disproportionate representation of women in part-time work, the Committee requests the Government to provide an indication of the number of men and women working part time who are excluded by collective agreements and to supply information on any alternative conditions of employment set for these workers. The Committee also requests the Government to keep it informed of any views expressed and action taken by the Joint Industrial Labour Council in this regard which have a bearing on the application of the Convention. The Committee notes the information on the decisions handed down by the Commission on Equal Treatment on the implementation of the above Act and encourages the Government to continue to provide such information in future reports.

2. The Committee notes that an interdepartmental working party representing the ministries most closely involved has been instructed to seek more effective ways of tackling public information activities on the issues of equal treatment and that a booklet is being prepared on equal treatment standards of conduct in the selection and recruitment of staff. The Committee also notes that the final results of an ongoing evaluation covering the Equal Treatment Act, the Equal Treatment (Working Hours) Act and the Equal Treatment of Men and Women Act, to examine ways of streamlining legislation on equal treatment, are expected in 1999. The Committee requests the Government to supply information on the findings of the study and to provide a copy of the booklet on equal treatment standards of conduct in the selection and recruitment of staff.

3. The Committee notes the information provided in the Government's report on the results of the Women and Technology Action Plan (1995-98). It notes that a wider ranging campaign called "Axis 1998" has been launched as a follow-up, and requests the Government to provide information on its achievements. The Committee also requests the Government to indicate the impact the campaign "Opportunity in Business" has had on promoting equal opportunity and treatment for women and men in jobs in trade and industry, and to provide copies of diversity plans and objectives formulated by employers, if available.

4. Discrimination on the grounds of colour, race and national extraction. The Committee notes from the statistics provided by the Government that, while unemployment amongst ethnic minorities fell from 26 per cent in 1994 to 20 per cent in 1997, it is still four times higher than among people of Dutch extraction. According to the Government, the discrepancy of the employment rate between persons of Turkish and Moroccan extraction and those of Dutch extraction is still 25 per cent, unlike persons of Surinamese background for which the discrepancy is only 5 per cent. The Committee also notes from the statistics provided that the net employment rate of Turkish and Moroccan women, although increasing, remains particularly low, especially for single mothers with more than two children. The Government further indicates that Moroccan and Turkish women tend to be engaged in unskilled and semi-skilled jobs, although in 1998 the number of Turkish and Moroccan women who had moved up from unskilled to semi-skilled increased. Further in this connection, the Committee notes that the Fair Employment of Ethnic Minorities Act of 1994 has been amended and re-launched as the Employment of Minorities (Promotion) Act which came into effect on 1 January 1998. According to the Government, the Act aims to make the provisions of the 1994 Act more effective by eliminating some of its administrative procedures. Noting that under section 5 of the new Act, employers are required to publish annual reports on the ratio of ethnic minorities on their staff and on the measures they propose to take to achieve a greater proportional representation of minorities in their enterprise, the Committee requests the Government to provide further details on the impact of the Act on achieving greater equality for ethnic minorities in employment and occupation, as well as to provide information on the action taken, pursuant to section 10 of the Act, against employers who do not fulfil their obligations prescribed by the Act. Noting further that in 1998 a task force was established jointly by the Ministries of Social Affairs and Employment and of the Interior to promote the employment of ethnic minorities by coordinating the demand and the supply sides of the labour market and to foster best practice both in individual companies and in industrial sectors, the Committee requests the Government to supply information on the recommendations of this task force and their follow-up.

5. While noting the initiatives taken by the Government to improve employment opportunities for ethnic minorities, the Committee also notes the comment submitted by the Netherlands Trade Union Federation (FNV) that the Government's employment policy goal to halve the unemployment rate differences between persons of Dutch origin and those of ethnic minorities before the year 2003 cannot possibly be realized without substantial and earmarked budget provisions and without specific measures for black migrant and refugee women. The Committee requests the Government to indicate the impact of measures taken to promote job opportunities for ethnic minorities, and in particular for men and women of Turkish and Moroccan origin.

6. Enforcement of legislation. The Committee notes from the Equal Treatment Commission's annual reports for 1997 and 1998 that the number of complaints filed rose steadily up to 1998 after which it slightly decreased, and that the majority of the complaints continue to relate to discrimination based on sex (35.2 per cent) and nationality and race (32.5 per cent). As regards the nature of the conclusions handed down by the Equal Treatment Commission, the Committee notes an increase in the conclusions handed down in relation to discrimination based on sex (42.1 per cent in 1997 and 45.5 per cent in 1998), while conclusions handed down in relation to race decreased from 21.6 per cent in 1997 and 17.5 per cent in 1998. While noting that the Equal Treatment Commission has not yet lodged any cases in court on its own initiative, the Committee also notes the Commission's explanation that it has not always a complete picture of the extent to which its decisions are complied with since it is dependent on the parties concerned to provide information in this regard, but that such information is generally submitted by the parties. The Equal Treatment Commission also found that, overall, its function of providing for an accessible settlement of disputes and to be an alternative for court action has been satisfactory, and that only in very few instances cases have been brought to court after a decision of the Commission. The Commission's annual reports also indicate the specific follow-up action given by the Commission to ensure that its recommendations and conclusions are complied with, including the fact that in one case concerning equal pay, the Commission had started legal proceedings with a view to obtaining relevant information from the employer. The Committee notes this information and requests the Government to continue to provide similar information in future reports. The Committee notes, however, with some concern that certain complaints filed in 1997 which were declared receivable did not end in a decision by the Commission due to the withdrawal by complainants of their case for fear of negative consequences. The Committee requests the Government to indicate the action taken or envisaged to ensure that adequate protection exists for those complainants who fear reprisals. Noting further from the 1997 annual report that the Commission regrets that the Government does not always put into practice its own diversity policy and that there is also a lack of adequate follow-up to the decisions of the Commission by the different government institutions and bodies, the Committee requests the Government to provide information on the action taken by the different government institutions to give adequate follow-up to the Commission's recommendations.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

1. The Committee notes with interest the amendment of the Equal Treatment Act on Men and Women, in particular its section 12(b) which prohibits discrimination between men and women as regards the categories of persons eligible for pension benefits and the implementation of pension schemes. The Committee further notes that section 646 of Chapter 7 of the Civil Code has been amended accordingly and prohibits employers from discriminating between men and women as regards entering into employment contracts, training, terms and conditions of employment, promotion, and termination of employment contracts. It also notes that, according to section 12(b)(2) of the above Act, provisions which stipulate the interruption of pension entitlements during the period of maternity leave are, pursuant to section 7/646 of the Civil Code, in contravention of the prohibition of unequal treatment of men and women. The Committee looks forward to receiving information on the implementation of the amended legislation.

2. The Committee is raising other points on the application of the Convention in a request directly addressed to the Government.

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

1. Discrimination on the ground of sex. The Committee notes with interest from the Government's reports the entry into force on 1 November 1996 of the Equal Treatment (Working Hours) Act. The Act prohibits discrimination between employees on the ground of difference in the number of hours of work, in the conditions under which the labour contract is concluded, continued or terminated, unless such discrimination is justified in an objective manner. According to the Government, the Act provides a way of challenging inequality of treatment on the ground of holding part-time employment, which is simpler than challenging indirect discrimination on the grounds of sex, and is therefore of particular relevance to women given the fact that they are more likely to work part time. The Committee notes that the Equal Treatment Commission, which is responsible for supervising compliance with the General Equal Treatment Act of 1994, is also responsible for supervising compliance with the new Act. It looks forward to receiving information on the implementation of the new Act.

2. With reference to its previous direct request, the Committee notes the information provided on the composition and functioning of the new Equal Treatment Commission, including the power to accompany its findings with recommendations to the party found guilty of discriminatory acts. The Government states that the aim of issuing such recommendations is to show that there are ways in which the guilty party can act in accordance with the law, without losing sight of the different interests of the parties involved. According to section 15 of the General Equal Treatment Act, the Commission also has the power to request a binding judgement from the courts on whether a particular action is a contravention of the relevant legislation, and the Government states that this can be done, for instance, when the Commission's findings are ignored. The Committee notes that, according to the Government reports, the Commission's annual reports for the 1994-96 period show that the Commission regularly uses its power to issue recommendations while it has not as yet used its power to lodge a case in court. Noting the statistics provided by the Government on the large increase in the number of conclusions issued (70 per cent up in 1996 over 1995) most of which relate to sex discrimination, the Committee asks the Government to provide copies of the annual reports of the Commission so as to enable it to ascertain whether the fact that no cases have been brought to court means that the Commission's conclusions and recommendations are followed in all cases or, rather, that it has not done so for other reasons lying within its discretion.

3. The Committee notes from the Government's reports that an investigation into the effectiveness of the Equal Treatment Act of Men and Women (which exists alongside the General Equal Treatment Act because of its specific character concerning equal pay as implementation legislation of European Community Directives) was completed on behalf of the Ministry of Social Affairs and Employment in December 1995. On the basis of the findings of the investigation, the Government indicates that it intends to take measures, inter alia, to improve the clarity of the existing public information materials and the effectiveness of public information activities in order to increase knowledge and understanding of the legislation, and undertake a study to examine the potential for streamlining the statutory provisions now spread over different Acts. The Committee requests the Government to keep it informed in this respect and provide it with copies of any proposals for amendment or new legislation resulting from these processes.

4. In its previous direct request the Committee had noted the positive action implemented by the Government in favour of employment of women, including the financial assistance scheme designed to assist certain bodies with the necessary expenditure for taking measures concerning women's employment which has worked well in the non-profit sector and in local authorities. Noting that the Women and Technology Consultancy should by now have published its report on the results of approaches made to technical companies encouraging them to use the scheme, the Committee again requests the Government to send information on these findings with its next report.

5. Discrimination on the grounds of colour, race and national extraction. Finally, the Committee notes that the Government's report is silent on one point on which it asked to be kept informed and must therefore repeat part of its previous direct request which read as follows:

The Committee notes that the Netherlands Trade Union Confederation (FNV) commented in favour of the adoption, in 1994, of the Act promoting a proportional employment share for ethnic minorities ("allochtonen" in Dutch) which the Government says obliges employers to produce annual reports on the composition of their workforce and their equality plans for the future. In its report, the Government notes the criticisms made by the Netherlands Employers' Federation (RCO) on this Act of which the Committee has not received details. Noting the information given regarding other measures designed to combat discrimination against ethnic minorities on the labour market, the Committee requests the Government to supplement this information by indicating the level and categories of jobs which have thus been provided, as well as the national extraction of the beneficiaries, and to supply information on the pilot projects established following the policy of career development for women belonging to ethnic minorities.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

1. The Committee notes the Government's report and the information supplied in reply to its earlier comments on training for girls and women. It also notes the entry into force on 1 September 1994 of the General Equal Treatment Act which prohibits both direct and indirect discrimination on the basis of religion, philosophy of life, political convictions, race, sex, nationality, hetero- or homosexuality and marital status.

2. The Committee notes that the Netherlands Trade Union Confederation (FNV) commented in favour of the adoption, in 1994, of the Act promoting a proportional employment share for ethnic minorities ("allochtonen" in Dutch) which the Government says obliges employers to produce annual reports on the composition of their workforce and their equality plans for the future. In its report, the Government notes the criticisms made by the Netherlands Employers' Federation (RCO) on this Act of which the Committee has not received details. Noting the information given regarding other measures designed to combat discrimination against ethnic minorities on the labour market, the Committee requests the Government to supplement this information by indicating the level and categories of jobs which have thus been provided, as well as the national extraction of the beneficiaries, and to supply information on the pilot projects established following the policy of career development for women belonging to ethnic minorities.

3. With regard to the activities of the Commission on Equal Treatment for Men and Women in Employment, the Committee notes the figures for 1992 indicating that of 72 rulings made by the Commission, 48 related to direct discrimination and 11 to indirect discrimination, while in 13 cases, the Commission concluded that the law had not been infringed. The Committee also notes that following the adoption of the above-mentioned General Equal Treatment Act in 1994 and the Act on Equal Treatment of Men and Women, this Commission has been replaced by a new Commission with more extensive powers. The Government indicates, in particular, that the new Commission can bring cases before the courts with a view to having the behaviour in question declared illegal if it is in breach of the two above-mentioned laws, and of having its effects redressed. The new Commission may also, in giving rulings in cases submitted to it, address its recommendations directly to the perpetrators of the discriminatory behaviour in question. The Committee would be grateful if the Government would send with its next report copies of the instruments relating to the composition and powers of the new Commission.

4. The Government refers to the publication of a first report prepared subsequent to an investigation begun in 1993, by order of the Ministry of Social Affairs and Employment, to analyse the effect in jurisprudence of the legislation on equal treatment of men and women. The Committee welcomes the positive aspects reported by the Government on this subject; it would be grateful if the Government would send it a copy of the report as well as a copy of the second report relating to the effect of the relevant legislation on employers' behaviour and the possible adaptation of the legislation or other appropriate action.

5. On the question of development of women's employment in government service, the Committee observes that implementation of government policy has not resulted in reaching the objectives set for the period 1990-95, particularly for employment in senior posts. In fact, the overall development relates essentially to jobs in the lower categories while the proportion of women employed in the intermediate category remains stagnant. The Government reports on various activities aimed at improving the situation, and especially a study, initiated by the Ministry of Home Affairs, on whether the appointment of women to technical, financial and computing jobs is in accordance with the relevant supply in the labour market. The Committee requests the Government to send information on the conclusions of this study and also requests it to send with its next reports relevant excerpts from the six-monthly parliamentary reports it mentions concerning the Government's policy in favour of employing women in governmental service.

6. On the question of positive action by the Government in favour of employment of women in other sectors, the Committee notes with interest the detailed information concerning the financial assistance scheme designed to assist certain bodies with the necessary expenditure for developing measures concerning women's employment. It notes that, while the scheme has not met with the expected success in the business sector and large firms, it has worked well in the non-profit sector and in local authorities. The Government emphasizes the important role played by collective labour agreements in this respect in companies that have made use of the financial assistance scheme to conduct an affirmative action policy. Noting that the Women and Technology Consultancy should by now have published its report on the results of approaches made to technical companies encouraging them to apply for subsidies and on the assessment of what form of support these companies need, the Committee requests the Government to send information on these findings with its next report.

7. The Committee notes that the distinctions made under the Bills relating to equality of treatment between men and women will be permitted only in so far as they are made in favour of women. It also notes that adoption of these Bills has been deferred with a view to their being re-examined in the light of recent relevant jurisprudence of the European Court of Justice. The Committee hopes that its comments will be taken into account in these texts and requests the Government to send it copies as soon as they are published.

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

1. The Committee notes the comments of the Netherlands Trade Union Confederation (FNV) on the application of the Convention as regards employment of ethnic minorities which were transmitted by the Government on 10 November 1995. It asks the Government to supply its comments so that the Committee is in a position to assess the application of the Convention on this point.

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

1. The Committee notes with interest the adoption of Act No. 623 of 14 November 1991 amending the Criminal Code to strengthen the penal sanctions against public acts of hatred or discrimination on grounds of race, religion or conviction, sex or sexual orientation (section 137(f) and (g)) and against personal acts of discrimination in a person's exercise of office, profession or business on grounds of race, religion, philosophy of life, sex or hetero or homosexual inclination (section 429/4).

The Committee also notes that under Act No. 623, section 429/4 comes into effect as regards pension schemes on 1 January 1993, except for the provision permitting a distinction between men and women proposed in the draft law - and supported by the Royal Message of 19 October 1988 - to amend the Civil Code and the Law on Equal Treatment of Men and Women which has still not come into effect. The Committee requests the Government to indicate the distinctions between men and women permitted under this draft law and to provide a copy of the legislation when it is enacted.

2. The Committee notes the information supplied by the Government concerning the requests for advice made to the Commission on Equal Treatment for Men and Women in Employment, and the Commission's rulings. It would be grateful if the Government would continue to furnish such information including details on the contents of the rulings and any other activities undertaken by the Commission.

3. The Committee notes from the Fourth Progress Report on the application of the policy of positive action for women in government service, dated 31.12.1990, that an evaluation had been made of the first phase of implementation of the policy in ministries, that a follow-up positive action policy is to be applied to government service in the period 1991-95 and that a service point had been set up in the Ministry of Home Affairs to give advice and information on positive action programmes. It notes the evaluation's findings that positive action programmes can make an important contribution to the attainment of equality objectives. The implementation of such programmes is reported to be at varying stages with many still being prepared and discussed at the decision-making level. In the measures that had been taken, the Committee notes that an emphasis has been on intake as well as promotion: the percentage of women in government service rose in 1990 by 1.3 per cent to be 26.3 per cent of the workforce, with a 1.3 per cent increase of women in higher functions. Nevertheless, the Committee notes that the overall targets set by the Government in the adoption of the various programmes is far from being met.

The Committee thus requests the Government to continue to provide information on the evaluation of positive action programmes for women, including their achievements and the actions contemplated or taken to overcome the identified obstacles to increased success of such programmes, such as staff reductions, low levels of women's technical skills and difficulty in achieving attitudinal changes within government subdepartments. It further requests the Government to supply a copy of the survey to be conducted in mid-1993 on positive action in government service and its ability to attain the aims set.

4. Noting the Government's indication that information from 120 organizations is to be processed in its ongoing study of the subsidy scheme established to assist organizations to pay for certain expenses in drawing up positive action programmes for women in disadvantaged situations, the Committee requests the Government to provide information on the scheme and to supply a copy of the final evaluation report to be published at the end of 1993.

5. Noting the Government's figures showing that 72 per cent of women trained in women's vocational schools for the period 1990-91 found employment thereafter, the Committee requests the Government to provide further information concerning the opportunities for the training of girls and women at vocational centres and on any other efforts undertaken to provide women with a wider occupational choice.

6. The Committee notes the continuation of the Government's efforts to combat racial and ethnic discrimination in the labour market. In particular, the Committee notes that in "The Employment of Ethnic Minorities" plan, the Government has increased the target for employment of ethnic minorities in the central Government from 3 to 5 per cent and extended the programme until 1995. It requests the Government to provide information in its next report on the measures taken to achieve this target and the evaluation of the implementation of the plan, including the level and category of job filled under the plan and the national origin and sex of the plan's beneficiaries.

The Committee notes with interest the Rules of Procedure of the General Union of Employment Agencies (ABU) for combating discrimination which, inter alia, place upon employment agencies obligations and detailed instructions on how to combat direct and indirect discrimination on grounds of race or ethnic origin in recruiting and selecting workers and making them available to customers.

7. The Committee notes from the information attached to the Government's report that a general law on equal treatment is being prepared. It asks the Government to keep it informed of progress on the adoption of such legislation and to supply a copy of the draft.

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

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

1. The Committee notes with interest the adoption of Act No. 623 of 14 November 1991 amending the Criminal Code to strengthen the penal sanctions against public acts of hatred or discrimination on grounds of race, religion or conviction, sex or sexual orientation (section 137(f) and (g)) and against personal acts of discrimination in a person's exercise of office, profession or business on grounds of race, religion, philosophy of life, sex or hetero or homosexual inclination (section 429/4).

The Committee also notes that under Act No. 623, section 429/4 comes into effect as regards pension schemes on 1 January 1993, except for the provision permitting a distinction between men and women proposed in the draft law - and supported by the Royal Message of 19 October 1988 - to amend the Civil Code and the Law on Equal Treatment of Men and Women which has still not come into effect. The Committee requests the Government to indicate the distinctions between men and women permitted under this draft law and to provide a copy of the legislation when it is enacted.

2. The Committee notes the information supplied by the Government concerning the requests for advice made to the Commission on Equal Treatment for Men and Women in Employment, and the Commission's rulings. It would be grateful if the Government would continue to furnish such information including details on the contents of the rulings and any other activities undertaken by the Commission.

3. The Committee notes from the Fourth Progress Report on the application of the policy of positive action for women in government service, dated 31.12.1990, that an evaluation had been made of the first phase of implementation of the policy in ministries, that a follow-up positive action policy is to be applied to government service in the period 1991-95 and that a service point had been set up in the Ministry of Home Affairs to give advice and information on positive action programmes. It notes the evaluation's findings that positive action programmes can make an important contribution to the attainment of equality objectives. The implementation of such programmes is reported to be at varying stages with many still being prepared and discussed at the decision-making level. In the measures that had been taken, the Committee notes that an emphasis has been on intake as well as promotion: the percentage of women in government service rose in 1990 by 1.3 per cent to be 26.3 per cent of the workforce, with a 1.3 per cent increase of women in higher functions. Nevertheless, the Committee notes that the overall targets set by the Government in the adoption of the various programmes is far from being met.

The Committee thus requests the Government to continue to provide information on the evaluation of positive action programmes for women, including their achievements and the actions contemplated or taken to overcome the identified obstacles to increased success of such programmes, such as staff reductions, low levels of women's technical skills and difficulty in achieving attitudinal changes within government subdepartments. It further requests the Government to supply a copy of the survey to be conducted in mid-1993 on positive action in government service and its ability to attain the aims set.

4. Noting the Government's indication that information from 120 organizations is to be processed in its ongoing study of the subsidy scheme established to assist organizations to pay for certain expenses in drawing up positive action programmes for women in disadvantaged situations, the Committee requests the Government to provide information on the scheme and to supply a copy of the final evaluation report to be published at the end of 1993.

5. Noting the Government's figures showing that 72 per cent of women trained in women's vocational schools for the period 1990-91 found employment thereafter, the Committee requests the Government to provide further information concerning the opportunities for the training of girls and women at vocational centres and on any other efforts undertaken to provide women with a wider occupational choice.

6. The Committee notes the continuation of the Government's efforts to combat racial and ethnic discrimination in the labour market. In particular, the Committee notes that in "The Employment of Ethnic Minorities" plan, the Government has increased the target for employment of ethnic minorities in the central Government from 3 to 5 per cent and extended the programme until 1995. It requests the Government to provide information in its next report on the measures taken to achieve this target and the evaluation of the implementation of the plan, including the level and category of job filled under the plan and the national origin and sex of the plan's beneficiaries.

The Committee notes with interest the Rules of Procedure of the General Union of Employment Agencies (ABU) for combating discrimination which, inter alia, place upon employment agencies obligations and detailed instructions on how to combat direct and indirect discrimination on grounds of race or ethnic origin in recruiting and selecting workers and making them available to customers.

7. The Committee notes from the information attached to the Government's report that a general law on equal treatment is being prepared. It asks the Government to keep it informed of progress on the adoption of such legislation and to supply a copy of the draft.

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

Referring to its previous direct requests, the Committee notes the information provided by the Government in its report and the attached documentation.

1. The Committee notes with interest the adoption of Act No. 623 of 14 November 1991 amending the Criminal Code to strengthen the penal sanctions against public acts of hatred or discrimination on grounds of race, religion or conviction, sex or sexual orientation (section 137(f) and (g)) and against personal acts of discrimination in a person's exercise of office, profession or business on grounds of race, religion, philosophy of life, sex or hetero or homosexual inclination (section 429/4).

The Committee also notes that under Act No. 623, section 429/4 comes into effect as regards pension schemes on 1 January 1993, except for the provision permitting a distinction between men and women proposed in the draft law - and supported by the Royal Message of 19 October 1988 - to amend the Civil Code and the Law on Equal Treatment of Men and Women which has still not come into effect. The Committee requests the Government to indicate the distinctions between men and women permitted under this draft law and to provide a copy of the legislation when it is enacted.

2. The Committee notes the information supplied by the Government concerning the requests for advice made to the Commission on Equal Treatment for Men and Women in Employment, and the Commission's rulings. It would be grateful if the Government would continue to furnish such information including details on the contents of the rulings and any other activities undertaken by the Commission.

3. The Committee notes from the Fourth Progress Report on the application of the policy of positive action for women in government service, dated 31.12.1990, that an evaluation had been made of the first phase of implementation of the policy in ministries, that a follow-up positive action policy is to be applied to government service in the period 1991-95 and that a service point had been set up in the Ministry of Home Affairs to give advice and information on positive action programmes. It notes the evaluation's findings that positive action programmes can make an important contribution to the attainment of equality objectives. The implementation of such programmes is reported to be at varying stages with many still being prepared and discussed at the decision-making level. In the measures that had been taken, the Committee notes that an emphasis has been on intake as well as promotion: the percentage of women in government service rose in 1990 by 1.3 per cent to be 26.3 per cent of the workforce, with a 1.3 per cent increase of women in higher functions. Nevertheless, the Committee notes that the overall targets set by the Government in the adoption of the various programmes is far from being met.

The Committee thus requests the Government to continue to provide information on the evaluation of positive action programmes for women, including their achievements and the actions contemplated or taken to overcome the identified obstacles to increased success of such programmes, such as staff reductions, low levels of women's technical skills and difficulty in achieving attitudinal changes within government subdepartments. It further requests the Government to supply a copy of the survey to be conducted in mid-1993 on positive action in government service and its ability to attain the aims set.

4. Noting the Government's indication that information from 120 organizations is to be processed in its ongoing study of the subsidy scheme established to assist organizations to pay for certain expenses in drawing up positive action programmes for women in disadvantaged situations, the Committee requests the Government to provide information on the scheme and to supply a copy of the final evaluation report to be published at the end of 1993.

5. Noting the Government's figures showing that 72 per cent of women trained in women's vocational schools for the period 1990-91 found employment thereafter, the Committee requests the Government to provide further information concerning the opportunities for the training of girls and women at vocational centres and on any other efforts undertaken to provide women with a wider occupational choice.

6. The Committee notes the continuation of the Government's efforts to combat racial and ethnic discrimination in the labour market. In particular, the Committee notes that in "The Employment of Ethnic Minorities" plan, the Government has increased the target for employment of ethnic minorities in the central Government from 3 to 5 per cent and extended the programme until 1995. It requests the Government to provide information in its next report on the measures taken to achieve this target and the evaluation of the implementation of the plan, including the level and category of job filled under the plan and the national origin and sex of the plan's beneficiaries.

The Committee notes with interest the Rules of Procedure of the General Union of Employment Agencies (ABU) for combating discrimination which, inter alia, place upon employment agencies obligations and detailed instructions on how to combat direct and indirect discrimination on grounds of race or ethnic origin in recruiting and selecting workers and making them available to customers.

7. The Committee notes from the information attached to the Government's report that a general law on equal treatment is being prepared. It asks the Government to keep it informed of progress on the adoption of such legislation and to supply a copy of the draft.

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

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

1. The Committee notes with interest that, as a result of increased publicity, the first year of operation of the Reparation Act saw a substantial increase in the number of requests for advice made to the Commission on Equal Treatment for Men and Women in Employment. The Committee would be grateful if the Government would continue to furnish information concerning the activities of the Commission. Noting that the majority of these requests concerned group action, the Committee requests the Government to provide details on any cases in which this action is instituted, pursuant to section 20(a) of the above-mentioned Act.

2. The Committee notes with interest that an amendment to the Stevedores Act, which lifted the ban on women working as stevedores, was due to come into force in 1991; and that amendments would accordingly be made to the relevant safety and working-time provisions governing stevedores.

3. The Committee notes from the statistics provided by the Government that between 1986 and 1988 the participation of women increased slightly in central Government (from 24.4. to 25.7 per cent) in local government (28.3 to 30.5 per cent) and in the police service (5.8 to 6.7 per cent); and remained stable in education (at 44.7 per cent). The Committee recalls that in an earlier report (for the period July 1984 to June 1986) the Government referred to parliamentary proposals to increase women's employment rate in the public service which were being discussed between the Government and representatives of civil servants. The Committee requests the Government to indicate whether these proposals were pursued or whether consideration is being given to other measures to promote the employment and retention of women in the public sector.

4. The Committee notes with interest the measures taken - in particular by the National Office for the Prevention of Racial Discrimination (LBR) - to combat racial discrimination in the labour market which include: an examination of the personnel policies of municipalities, with a view to encouraging them to bring the number of immigrants they employ into proportion with the number of immigrants in the population of the municipality; advice and assistance to municipalities in this regard; a study on the position of immigrants in small- and medium-sized companies which indicated that immigrants are strongly under-represented in the workforce; and, in collaboration with the Netherlands Institute of Psychologists, setting up a procedure to screen the 20 psychological tests most commonly used in selection procedures for jobs and training courses for cultural bias and culture-specific or racists items.

The Committee also notes that, pursuant to the submission to Parliament of the plan "The Employment of Ethnic Minorities", various measures have been taken to facilitate the access to employment of minority groups viz: the target figure for the so-called 1,000-job plan for Moluccans, which was raised to 1,200, is expected to be reached by October 1991; a positive action plan has been introduced by the police corps and a similar plan, with target figures of 1 per cent for the intake of regulars into the different services of the armed forces, was expected to come into force after parliamentary debate.

The Committee would be grateful if the Government would continue to provide information on the results of these various initiatives and to furnish any relevant documentation, including a copy, when available, of the Code of Conduct aimed at eliminating racial discrimination by employment agencies (ABU-Code).

5. Further to its previous comment, the Committee notes with interest that for the period May 1988 to July 1990, 83 organisations availed themselves of the subsidy scheme established to pay for certain expenses in drawing up positive action programmes for women in disadvantaged situations. The Committee requests the Government to provide further information on the outcome of the scheme, in particular by furnishing a copy of the final evaluation report expected to be published at the end of 1993.

6. The Committee notes with interest that the Directorate General for Manpower Services has introduced various initiatives to increase the participation of girls and women at technical vocational training centres, including the development of information activities specifically aimed at women, part-time training, the provision of facilities such as child care, guidance on the special problems faced by women, and the requirement that, in 1989, a minimum of 10 per cent of places be reserved for women in these training centres. The Committee requests the Government to continue to provide information on the participation of women and girls in these courses, particularly in respect of those leading to occupations traditionally exercised by men.

7. The Committee requests the Government to provide, when enacted, a copy of the legislation supplementing the Criminal Code with provisions dealing with discrimination on the grounds of race, religion and belief, sex and sexual orientation, together with any information concerning measures for implementation.

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

The Committee notes the information supplied by the Government in its report in reply to its previous direct request. It also notes the report to the United Nations Human Rights Committee under Article 40 of the International Covenant on Civil and Political Rights (UN document CCPR/C/42/add.6, 1988).

1. The Committee notes with interest the Act on Equal Treatment of Men and Women, of 27 April 1989, which consolidates earlier legislation on equality of men and women, and on equal remuneration for women and men, and which provides for a single Commission on equal treatment of men and women at work. The Committee notes in particular that section 14 of the Act enables works councils and legal persons to petition the Commission on equal treatment of men and women at work. It hopes that the next report will provide information on the activities of the new Commission on equal treatment of men and women, including the number of requests made by works councils and legal persons, and on the results achieved through the recommendations made by that Commission in the promotion of equality of opportunity and treatment.

In this connection the Committee notes the statistical information, for the years 1983 through 1987, provided in the Government's report regarding numbers of requests for recommendations from the Commission on equal treatment of men and women. It requests the Government to indicate the reasons for the sharp diminution of such requests in 1987.

2. The Committee notes the subvention scheme established to pay for certain expenses in drawing up positive action programmes for women in disadvantaged situations. It requests the Government to indicate the progress achieved by means of that scheme.

The Committee further notes that the preparation of a brochure for works councils on equal treatment and positive action was awaiting the adoption of the new legislation on equal treatment of men and women at work. Following the adoption of that legislation, it hopes that the Government can provide information on the activities of works councils regarding equal treatment with its next report.

3. The Committee notes the information provided by the Government concerning amendments to labour legislation protective of women. In particular, the Government states that there are no further restrictions on women performing night work in industry, and that a proposed amendment to the Factories Act of 1919 would eliminate all other provisions which make a distinction by sex has been submitted to the Council of State. It also notes that a proposal to amend the Stevedores Act, to lift the ban on women working as stevedores, was submitted to the Second Chamber on 4 May 1988. Please continue to supply information on further progress in this connection. (In this connection the Committee wishes to draw the Government's attention to paragraphs 142 to 145 of its 1988 General Survey on Equality in Employment and Occupation.)

4. In its previous direct request, the Committee had noted parliamentary proposals to increase the number of women in the public service. It again requests the Government to supply information on the progress achieved in this respect.

5. The Committee also hopes that the next report will provide the information requested in its previous direct request on the participation of women and girls in vocational and professional training courses, in particular in relation to education which leads to occupations which are traditionally exercised by men.

6. The Committee notes that a Bill supplementing the Criminal Code was brought before Parliament in September 1987. The purpose of the Bill was to tighten up the provisions dealing with discrimination on the grounds of race, religion and belief, by adding sex and sexual orientation to the grounds on which discrimination is prohibited (sections 137(c)-(e), 429ter and quater).

The amendment also proposed broadening the scope of the prohibition of discrimination to apply to all forms of discrimination by any person, in the exercise of his or her "profession, business or public office". Please indicate whether the Bill has been adopted, and provide information on its practical effect.

7. The Committee notes with interest a series of measures which have been adopted to facilitate the access of ethnic minorities to employment, such as the repeal of the Act of 4 June 1858 regulating the appointment of aliens in the public administration, and the submission of the plan "The Employment of Ethnic Minorities" to Parliament, under which temporary, complementary individual training courses will be organised for minority groups. The Committee requests the Government to continue to supply information on the measures taken to promote equality of opportunity and treatment for ethnic minorities, and on the progress achieved. Please indicate in particular whether the number of members of minority groups employed in the public service has increased as a result of the state legislation, and the results achieved by the above-mentioned plan.

8. The Committee has noted that the National Anti-racial Discrimination Agency has given priority to combating racism on the job market; that a study it conducted among private employment agencies had shown that the agencies investigated practised discrimination on the grounds of race, to the disadvantage of persons from ethnic minorities; and that the Agency and the Association of Employment Agencies have jointly drawn up a Code of Conduct aimed at eliminating racial discrimination by the agencies. Please provide a copy of this Code of Conduct and of any other similar Code adopted, and provide information on the practical effects of such Codes.