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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Switzerland (Ratification: 1961)

1. The Committee notes the report on the second period covered by the programme to promote women in the general administration of the Confederation (1996-99) adopted by the Federal Council on 18 October 2000. According to the report the percentage of women in the general administration increased from 20.1 per cent in 1996 to 23.3 per cent in 1999, while the share of women at the medium and higher levels remains very low. The Committee notes with some concern the prognosis that over the next 30 years, in the absence of further efforts, women’s participation in the general administration will stagnate at the current level. In this respect, the Committee notes that the Federal Council has set a target to increase the share of women in management functions by 5 per cent by the end of 2003. The Committee would appreciate receiving information on the realization of this target and on the implementation of the report’s other  recommendations, including in respect to "equality controlling", the improvement of data collection, further measures to improve compatibility between working and family life for men and women, training for equality delegates, and in the area of human resources strategy.

2. With reference to its previous direct request, the Committee notes that 64 projects to promote equality in employment received funding under the Equality Act in 1999 and 2000. It thanks the Government for providing concrete examples of such projects promoting the compatibility of work and family life. The Committee also notes with interest the initiative of the Confederation of Swiss Employers proposing measures to reconcile family and working life of men and women, including through collective agreements. The Government is requested to continue to provide information on private and public initiatives to promote equality in employment and occupation, including the activities of the Federal Office. The Committee would be grateful to receive further information on the campaign on this issue launched by the Federal Office for the equality between women and men, which is specifically addressed to men. Please also provide a copy of the report on the implementation of the plan of action prepared by the interdepartmental working group responsible for the follow-up to the Beijing World Conference on Women (1995) which was to be submitted to Parliament in December 2002.

3. Recalling its previous comments concerning the evaluation and effectiveness of the Equality Act, the Committee notes the equality offices established in the cantons have dealt with 120 cases between 1996 and 2000 and that around 40 per cent of the cases could be settled. The Committee understands that the special commission set up under section 13 of the Equality Act has received no appeals during 1999 and 2000. Noting that the number of complaints brought under the Act remains very low, the Committee hopes that the Government, in cooperation with the various expert bodies and the social partners, will continue to assess the Act effectively in the light of available statistical data and the complaints brought under the Act. The Committee also encourages the Government to continue to raise public awareness of the Equality Act and the remedies it offers to victims of discrimination.

4. The Committee notes that the Federal Council has submitted a draft act for the eleventh revision of the Old-Age and Survivors’ Insurance Scheme (AVS) to Parliament. It understands that the draft under consideration provides for greater flexibility in the retirement age under a scheme which is identical for men and women. The Committee also notes from the Government’s report that the reform of the unemployment insurance currently under way which, inter alia, proposes an extension of benefits in connection with maternity and that new legislation on vocational training is being considered, which might include provisions concerning equality of opportunity and treatment.  The Government is asked to keep the Committee informed on the status of these legislative initiatives.

5. The Committee notes with interest the activity reports of the Federal Commission against Racism covering the years from 1995 to 2001 and the information contained in the Government’s report on the various campaigns and initiatives undertaken to combat racial discrimination. The Committee notes that the Federal Commission has decided that a new approach to counter racism and discrimination in the world of work was needed and that its 2001 annual session was dedicated to this issue. The Government is requested to continue to provide information on measures taken or envisaged to combat racism and to promote tolerance in the world of work, including the activities of the Federal Commission on Racism. The Committee would be grateful to receive additional information on the Federal Commission’s annual session 2001, including outcomes and follow-up measures under way, as well as on the Commission’s role as a mediator in cases of conflicts involving discrimination at the enterprise level. Please also provide statistical data on the position of minorities in the labour market.

6. With reference to its previous direct request concerning measures taken to counter the stereotypes affecting certain minorities, including the Roma and their economic and social integration, the Committee notes that the Federal Commission against Racism published a bulletin in 1997 "TANGRAM" and issued a press release in 1998 on this issue. The Committee notes from the Government’s third report under the International Convention on the Elimination of Racial Discrimination (ICERD) that the Federal Council was revising the Federal Act on commercial travellers with the aim to facilitate the pursuit of itinerant professions by travellers working in Switzerland and, hence, to eliminate de facto discrimination in this field. The Committee asks the Government to continue to provide information on the measures taken to promote respect and tolerance for minorities, including the Sinti and Roma, and for their full integration in the social and economic life of the country.