Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 143) sur les travailleurs migrants (dispositions complémentaires), 1975 - Norvège (Ratification: 1979)

Autre commentaire sur C143

Observation

2000

Demande directe

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Articles 2, 3 and 6 of the Convention. Measures to detect illegal employment of migrants and irregular migration. The Committee notes the Government’s statement, in its report, that Norway does no longer collect exact data on presumed victims of trafficking but that the available information shows that there are approximately 100 victims per year (all foreign citizens). It also notes the study by FAFO, a science research foundation originally established by the Norwegian Confederation of Trade Unions (LO), which states that those who encounter persons without legal residence who are engaged in unregistered work have a limited capacity to act. Current legislation and practice leave no incentive for migrants in an irregular situation to report employers who exploit them (for example in the form of wage theft). This complicates the work of the Labour Inspection Authority (LIA) and the police to uncover the use of illegal manpower and exploitation of migrants. The limited opportunities to sanction employers who use illegal manpower represent a further challenge as long as human trafficking is not involved and the amount of work that can be required to document the scope of illicit work is not proportionate to the fines imposed (FAFO, “Irregular assistance: A study of Norwegian cities’ encounter with ‘irregular’ migrants”, 2 June 2021). The Committee further notes the Government’s reply to its previous comment that it will: (1) review the measures that can strengthen the help provided to victims of exploitation, including cases of social dumping and work-related crimes that are not serious enough to be considered human trafficking (grey area cases); (2) facilitate the reporting of such crimes; and (3) consider criminalising other forms of exploitation of foreign nationals by employers. The Government indicates that an “Action plan to combat social dumping and work-related crime” was published by the Government in October 2022 and that measure number 17 of the plan aims at strengthening the assistance to victims of exploitation and human trafficking. It adds that the LIA trained several inspectors with specific competence in work-related human trafficking whose tasks are to raise awareness among their colleagues and establish contact and cooperate with the police and non-governmental organizations. The Committee requests the Government to provide information on the measures taken: (i) to collect data on the illegal employment of migrants; and (ii) against organizers and beneficiaries of clandestine movements of migrants, including in order to protect migrants against abusive employment conditions. Please also indicate the number of violations reported by, and to, the police and the Labour Inspection Authority, and the number of cases dealt with by the courts, their outcome and the penalties imposed.

Article 9(3). Costs of expulsion. The Committee notes that the Government does not provide any new information in reply to its previous request which it is therefore bound to reiterate. The Committee requests the Government to provide detailed information on the costs falling upon foreign nationals in an irregular situation who are being expelled, making a distinction between migrant workers who are in an irregular situation for reasons that cannot be attributed to them and those in an irregular situation for reasons that can be attributed to them.

Articles 10 and 12. Equality of opportunity and treatment. The Committee notes that the unemployment rate of immigrants and their share in part-time work remain significantly higher than that of nationals. According to the website of the Directorate of Immigration and Diversity (IMDi): (1) 65 per cent of the immigrants in Norway between the ages of 20 and 66 were employed in 2020 whereas the corresponding share was 78 per cent in the rest of the population; (2) there is on average a lower proportion of women in employment than men (63 compared with 71 per cent); and (3) the proportion of underemployed people (i.e. working part time on an involuntary basis) has been about twice as high among immigrants as among the rest of the population in recent years (e.g. 21 versus 11 per cent respectively in 2020). While advancing some explanations for this situation (such as small difference in workers’ wages, high requirement for formal qualifications and lack of formal education of immigrants), IMDi recognizes that discrimination also plays its part. The Committee recalls the concerns expressed by the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) that migrant women face barriers to integrate into the labour market and its recommendation to provide training and support programmes combined with active involvement and incentives for employers to facilitate access to the job market by women belonging to underrepresented groups with a view to promoting their autonomy (CEDAW/C/NOR/CO/10, 2 March 2023, paragraphs 40(e) and 41(c)). The Committee notes the Government’s indication that the Ministry of Labour and Social Inclusion appointed a committee to survey the situation of registered migrants from both the European Economic Area (EEA) and third countries who arrived in Norway after 2004. The findings of the report, received on 13 December 2022, showed that a large proportion of migrant workers experience significant integration challenges, both in working life and in society in general; and that there is a need for policy reinforcement to improve their integration through measures to: (1) increase trade union organization and reduce the deficit in pay and working conditions they experience; and (2) strengthen Norwegian language training, improve information on arrival and increase participation in civil society. The Government adds that a white paper on integration policy will be presented to Parliament in the spring of 2024. Building on previous research and investigation work and following-up on the proposal of the above-mentioned report, it will draw lessons from what has worked and what can be improved, evaluate the effects of the new Integration Act entered into force on 1 January 2021, investigate political challenges, and present concrete measures to move forward. The Committee requests the Government to continue providing information on any steps taken to address discrimination faced by migrant workers, including women migrant workers and in particular those with ethnic minority background, with respect to: (i) access to education and vocational training; (ii) access to employment; and (iii) equal treatment in employment and occupation. Please provide information on the follow-up given to the white paper to be submitted to Parliament in the spring of 2024 and on any measured progress following the entry into force of the Integration Act on 1 January 2021.

Article 12(a) and (e). Cooperation with employers’ and workers’ organizations. The Committee notes the information provided by the Government, including the fact that it cooperates with the social partners on various issues in order to combat social dumping and work-related crime.