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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Sweden (Ratification: 1962)

The Committee notes the detailed information contained in the Government’s report and the attached documentation. It also notes the Swedish Trade Union Confederation’s (LO) programme of action for gender equality, which is made up of several components, including seminars on a wide range of topics, such as segregation and occupational choice, attitudes and gender equality.

1. The Committee notes with interest the amendments to the Equal Opportunities Act No. 433 of 1991 (as amended up to Act No. 733 of 26 October 2000) and particularly the shift in the burden of proof to the employer and the wide application of the prohibition of indirect and direct discrimination between men and women to all aspects of the employment relationship. It also notes that the definition uses a reasonableness test to determine exceptions. The Committee hopes that any exception will be interpreted in conformity with the Convention and be related to the inherent requirements of a job.

2. The Committee notes the Government’s statement that a tripartite committee was established to examine whether to extend the grounds of discrimination prohibited in Swedish legislation in accordance with Article 1(1)(b) of the Convention. It notes that in December 2000 a special investigator was appointed who has recommended to include as prohibited grounds of discrimination "colour" and "ethnic origin". The Committee understands that on 31 January 2002 the Government issued the terms of reference of a parliamentary committee with numerous functions in the field of discrimination, called "Consolidated Discrimination Legislation" (Dir. 2002:11) who will submit proposals for protection against discrimination for legal persons and include "age" as a prohibited ground of discrimination. The Committee requests the Government to provide copies of any adopted legislation with its next report.

3. The Committee notes the amendments to the Equal Opportunities Act No. 433 of 1991 (as amended up to Act No. 733 of 26 October 2000). It notes the employers’ obligation to annually analyse gender discrimination and to adopt an equal opportunities plan on an annual basis and that the most important task of the Equal Opportunities Ombudsperson is to examine these equal opportunities plans. The Committee notes that between 2000 and mid-2001 the Ombudsperson examined around 500 equal opportunities plans and that the Ombudsperson found that the plans are often deficient, especially in relation to wage mapping. It notes that cooperation with Statistics Sweden has revealed that many employers do not have an equal opportunities plan and that the Ombudsperson, in association with trade unions, has conducted extensive training for union representatives on procedures for preparing an equal opportunities plan. The Committee requests the Government to provide detailed information with its next report on measures taken or envisaged to encourage employers to fulfil their obligation to establish equal opportunities plans.

4. The Committee notes the Government’s statement that the Equal Opportunities Act does not cover the fields of vocational guidance, vocational education, further education or rehabilitation. It notes the statement that the Standing Instructions (No. 1438 of 1991) for the Equal Opportunities Ombudsperson include a limited amount of responsibility for the provision of information to schools, higher education and vocational training institutions and other forms of education. The Committee also notes the Government’s statement that a further training project carried out under the auspices of the Equal Opportunities Ombudsperson targets the higher education sector and is aimed at improving post-secondary students’ knowledge of matters relating to equal opportunities in the workplace. The Committee requests the Government to provide information on the measures taken or envisaged by the various Ombudspersons to promote equality in employment and occupation and in vocational training and further education.

5. The Committee notes the information provided by the Government concerning the activities carried out by the Equal Opportunities Ombudsperson. It notes particularly that during 2000 the Ombudsperson received 120 complaints under the Equal Opportunities Act and that half of them concerned alleged wage discrimination. It also notes the Government’s statement that there has been a notable rise in the number of complaints from women and men encountering difficulties when wishing to combine gainful employment with active parenthood. The Committee requests the Government to continue to provide information on the activities carried out by the Equal Opportunities Ombudsperson to promote equality in employment and occupation.

6. The Committee notes the ordinance issuing rules concerning the terms of reference of the Discrimination Commission (Act No. 171 of 25 March 1999) and that the function of the Commission is to decide on default fines under the Act respecting action to combat ethnic discrimination at work (Act No. 130 of 1999) when employers do not comply with a request by the Ethnic Discrimination Ombudsman. The Committee also notes that the Discrimination Commission is the appeal authority under the Act respecting action to combat ethnic discrimination at work (Act No. 130 of 1999), the Act prohibiting discrimination at work on grounds of functional impairment (Act No. 132 of 1999) and the Act prohibiting discrimination at work on grounds of sexual orientation (Act No. 133 of 1999). The Committee notes the draft amendments to the above referred Acts (Statens offentliga utredningar, No. 43 of 2002) and requests the Government to provide detailed information with its next report on the functions of the Discrimination Commission and also to provide information on any decisions taken and other measures adopted or envisaged to combat discrimination in employment and occupation.

7. The Committee notes the adoption on 16 May 2002 of the Act prohibiting discrimination against part-time workers and workers with fixed-term appointment (Act No. 293 of 2002), which entered into force on 1 July 2002. It notes that the aim of this legislation is to prevent direct and indirect discrimination in remuneration and other employment conditions for persons working part-time or who have fixed-term appointment and that compensation may be granted in the event of violation of the Act. The Committee requests the Government to provide information on the measures taken or envisaged to ensure the application of this Act, and to indicate whether any complaints have been filed and their outcome.

8. The Committee notes the contributions made by the National Labour Market Board (AMS), in particular its project for the prevention of ethnic discrimination to be carried out for two years. It notes that the project indicates that multicultural thinking must permeate all processes, recruitment and development within the Administration, in particular to ensure that the policy is disseminated to all workers. The Committee also notes that, as from 2002, the County Labour Boards and the National Labour Market Board are to draw up quality-assured annual plans of action for the promotion of diversity, with verifiable targets. The Committee requests the Government to provide more detailed information with its next report on the results obtained by these measures. The Committee notes the information provided by the Swedish Agency for Government Employers that a regular dialogue is maintained with the Discrimination Ombudsperson and that there is an increase in government service employees with foreign backgrounds. The Committee notes that the labour market parties have conducted a pilot project, under the aegis of the Development Council for the National Government Sector, aimed at changing opinions and attitudes which stand in the way of greater ethnic diversity. The Committee requests the Government to provide statistical information with its next report on the number of foreign nationals employed in the public sector and to provide more detailed information on measures and projects adopted or envisaged to combat ethnic discrimination at work.

9. The Committee notes the "National Action Plan against Racism, Xenophobia, Homophobia and Discrimination", which was submitted to the Parliament (Riksdag) in February 2001 (Skr. 2000/01:59). It notes that the Ethnic Discrimination Ombudsperson carried out a survey in 2000 of ethnic discrimination in the National Labour Market Administration finding that there was a lack of information concerning ethnic discrimination and that this resulted in the adoption of the "Plan of action for cooperation in education between the National Labour Market Administration and the Ethnic Discrimination Ombudsperson". It notes that, as from 2001, special training courses will be carried out with the aim of ensuring that each county has a specialist on the topic. The Committee requests the Government to continue to provide information on the action taken to combat racism, xenophobia, homophobia and discrimination.

10. The Committee notes the Government’s "New immigrant integration policy: Progress achieved in promoting equal opportunities in treatment and employment", a copy of which was provided by the Government. It notes that the economic upswing and the Government’s initiatives have had a positive impact on the labour market participation of immigrants and that the improved situation has been particularly significant in local and regional administrations. However, the Committee notes the Government’s statement that there still exists a significant gap between immigrants and the native population, as illustrated by the annual unemployment rate for the first half of 2001, which was 9.1 per cent among immigrants, compared with 3.3 per cent among Swedish nationals. It notes the Government’s statement that, its general labour market employment policy is designed with the ethnic and cultural diversity in society as a starting point and that special measures have been adopted, such as the funding of special activities, to increase employment among immigrants and to ensure ethnic and cultural diversity within the public administration. The Committee requests the Government to continue to provide information on the results of its new integration policy.

11. With respect to the access of the Roma community to educational and occupational opportunities, the Committee notes the Government’s statement that, it does not have any additional information to provide in response to its previous direct request. The Committee notes from the "National Action Plan against Racism, Xenophobia, Homophobia and Discrimination" that it is the Government’s intention to entrust the Ethnic Discrimination Ombudsperson with the task of carrying out a study every two years with a view to preventing and combating discrimination against Roma persons. It also notes from this Action Plan that in 2000 the Government started a five-year project to compile information to enable it to examine in depth the discrimination against the Sami people and to prevent and combat discrimination against them. The Committee therefore requests the Government to provide information with its next report on the measures taken and the progress achieved in improving the access of the Roma to educational and occupational opportunities, including the progress made in implementing the recommendations of the Roma Working Group, and the results obtained in preventing and combating discrimination against the Sami people.

12. With respect to gender segregation and the promotion of gender equality in the labour market, the Committee notes from the "National Action Plan against Racism" that gender segregation in the labour market is still high. The Committee notes with interest that a committee has been appointed to examine and study the opportunities offered by upper secondary school, so that these correspond to the needs of society and the labour market, and contribute to reducing social and gender-based recruitment distortions. The Committee requests the Government to provide information with its next report on the findings of this committee and on the measures taken or envisaged to promote gender equality and to combat segregation in the labour market. The Committee also notes that national authorities may apply to the Development Council for funding for gender equality and diversity promotion projects, and that the majority of such applications have been granted. The Committee also notes the information provided by the Government respecting the "Labour Law Programme", under which information on the various anti-discrimination laws has been disseminated to employers and union representatives through seminars and courses. The Committee requests the Government to continue to provide detailed information on projects to promote gender equality in the labour market with its next report.

13. The Committee notes the court rulings concerning equality provided by the Government, which relate to gender discrimination and pay discrimination. The Committee requests the Government to continue to provide case law on discrimination cases with its next report.