Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

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

The Committee notes the information in the Government’s report and the extensive documentation attached. It also notes the comments and additional information supplied by the Netherlands Trade Union Confederation (FNV) in its communication dated 25 November 2004.

1. Discrimination on the basis of colour, race, national extraction and religion. The Committee notes that the Employment Minorities (Promotion) Act, 1998, which required employers to report on the ratio of ethnic minority employees and on the measures to achieve a greater proportional representation of ethnic minorities in their enterprise, expired in January 2004. In its previous comments, the Committee had noted the broad support for this Act and the increase in the number of reports filed by employers. It had also noted the various measures taken by the Government to follow up on the recommendations arising from the evaluation of the Act such as the "benchmarking tool" of public employment services, and the action taken against employers who did not fulfil their obligations prescribed by the Act. The Committee notes that, as a follow-up to the Act, the Government created the National Network on Diversity (DIV) to raise awareness among employers about the benefits of an enterprise (personnel) policy focusing on diversity, and that it is considering the voluntary registration by employers of the ratio of ethnic minorities. The Committee notes that the FNV, along with other organizations, attempted to prevent the expiration of the Act. The FNV maintains that information on the participation of ethnic minorities in employment and other areas has been more difficult to obtain since the expiration of the Act and that the "benchmarking tool" has not had any positive results. According to the FNV, the Government has not taken enough measures to promote non-discriminatory personnel and recruitment policies despite the fact that discrimination on the grounds of colour, race and national extraction is more prevalent. Different treatment persists with respect to access to employment, and unemployment of ethnic minorities, especially the young, has risen quite sharply during the recent economic recession. The national equality focal point within the Equal Treatment Commission (ETC) no longer exists and the capacity of the ETC to exercise its powers proactively is hampered by limited legal possibilities. The FNV also regrets that no information has been supplied about the unemployment situation of women of Moroccan origin, whose employment situation, as indicated in the Committee’s previous comments, was particularly grim. It maintains that, although the Government published an Action Plan on Emancipation and Integration of Women and Girls from Ethnic Minorities in 2003, most of the specific measures and finances for target groups such as unemployed women from ethnic minorities have been discontinued.

2. The Committee notes that the Annual Reports of the Social and Cultural Planning Office on Ethnic Minorities and on Integration, published in October 2003 and September 2005, respectively, express similar concerns with respect to the weakened position of ethnic minorities in society and the labour market. The 2003 Annual Report on Ethnic Minorities points to the diminishing attention in labour market policy to the situation of ethnic minorities and mentions that with the expiration of the abovementioned Act employers are no longer actively encouraged to increase the proportion of ethnic minorities in their enterprise. Therefore, special measures targeting ethnic minorities are still necessary and require an adequate registration of the number of ethnic minority members in the labour market. The 2005 Annual Report on Integration confirms the sharp increase in the unemployment rate of ethnic minorities from 9 per cent in 2001 to 16 per cent in 2004, with youth unemployment (15-24 years of age) among ethnic minorities even rising to 23 per cent. It states that the weakened economy "wiped out many of the gains made by ethnic minorities between 1995 and 2001". The Annual Report further indicates that the proportion of ethnic minority members employed in occupations at the lowest end of the occupational ladder and under flexible contracts is still relatively high. Furthermore, the number of subsidized contracts, under which many female and older ethnic minorities are employed, is decreasing and having a concomitant impact on the job security of these workers. The Report concludes by expressing concern over the increased negative view concerning the presence of ethnic minorities in society, particularly Muslims.

3. The Committee notes from the Government’s most recent periodical report under the United Nations Covenant on Economic, Social and Cultural Rights that the Government recognizes that ethnic minorities should not be disproportionately affected by the downturn in the labour market. It notes the range of past and present measures presented in the report to address race discrimination and to increase access to training and education of ethnic minority employees to improve their career opportunities and promote sustainable employability, including those under the European EQUAL Programme (E/1994/104/Add.30, 23 August 2005, pages 9-25). While welcoming these measures by the Government and the measures referred to in paragraph 1 of this observation, the Committee notes with concern the rapidly deteriorating labour market position of men and women from ethnic minorities and the apparent decline in efforts to eliminate employment discrimination of ethnic minorities. It therefore hopes that the Government will make every effort to ensure that past gains with respect to equality of ethnic minorities in employment and vocational training are not lost or put at risk. It asks the Government to step up its measures to address discrimination in employment and occupation on the basis of race, colour, ethnic origin or religion and to take active steps, along with the employers’ and workers’ organizations, to promote a climate of tolerance among the different ethnic groups in society. The Committee hopes that the Government’s next report will contain information, including up-to-date statistics disaggregated by sex and ethnic origin, on the measures taken and the practical results obtained to put an end to discrimination in hiring and to promote access of both male and female ethnic minority members to employment and training, including by the DIV.

The Committee is raising other and related points in a request addressed directly to the Government.