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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Denmark (Ratification: 1960)

In its previous observation following comments made by the Federation of Danish Trade Unions (LO), the Danish Seamen's Union and the Federation of Danish Public Servants' and Salaried Employees' Organisations (FTF), the Committee had raised the question of the compatibility with the Convention of section 10 of the Act on the Danish International Ships Register of 23 June 1988. By virtue of this provision, Danish wage-earner organisations can conclude collective agreements concerning employment on board ships registered in the Danish International Ships Register only for persons resident in Denmark and for persons put on the same footing as residents under international agreements; and foreign wage-earner organisations may conclude parallel agreements for persons of their own nationalities. Pursuant to this law, collective agreements providing for lower wage rates than those set by collective agreements applicable to seamen resident in Denmark, were concluded with shipping organisations from the Philippines and Singapore for nationals of those countries.

The Committee takes note of the discussions which took place concerning this subject at the Conference Committee in 1989. It also takes note of the information contained in the last report of the Government as well as the comments of 9 January 1991 submitted by the Danish Seamen's Union and the reply of the Government. The Committee observes that, to the extent that the distinctions made under section 10 of the Act of 23 June 1988, between persons employed to work on ships registered in the Danish International Ships Register, are based on criteria of residence and of nationality, which are not among the explicit grounds set out in the Convention, such distinctions are not covered by the Convention. However, since the Convention requires the protection of foreign nationals against any form of discrimination, based not on their foreign nationality but on any of the grounds provided for in Article 1, paragraph 1(a), of the Convention, the Committee would be grateful if the Government would supply full information, including the text of collective agreements covering ships registered in the Danish International Ships Register, to enable the Committee to ascertain that beyond residence and nationality, no discrimination is involved, not even indirectly, on any of the grounds prohibited by the Convention.

On the general problem of International Ship Registry, the Committee refers to paragraphs 56 and 57 of its General Report.