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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Netherlands (Ratification: 1973)

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.