Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

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

The Committee notes the comments attached to the Government’s report of the Trade Union Confederation Middle Categories and Senior Staff Unions (MHP) of 17 August 2006 and the Confederation of Netherlands Industry and Employers (VNO–NCW) of 13 July 2006 concerning the application of the Convention.

1. Discrimination on the basis of colour, race, national extraction and religion. The Committee recalls its previous observation in which it had noted 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 despite the fact that discrimination on the grounds of colour, race and national extraction were more prevalent. Moreover, the expression of negative views concerning the presence of ethnic minorities in society, particularly Muslims, had apparently also increased.  The Committee notes the statistics provided by the Government confirming previous figures that the employment rate of ethnic minorities systematically declined between 2001 (49.7 per cent) and 2005 (46.9 per cent) and the unemployment rate almost doubled during that same period (from 8.9 to 16.4 per cent). The Government indicates that a positive trend should nevertheless be noted with respect to first-generation Surinamese and second-generation Antilleans who, even in times of low economic activity, managed to maintain their position in the labour market. The Committee further notes that the Government acknowledges that labour participation of migrant women is still lagging behind that of women of Dutch origin and that participation is particularly low among Turkish and Moroccan women and women from the so-called new ethnic minority groups (e.g. from former Yugoslavia, Somalia, Islamic Republic of Iran and Afghanistan). The Committee notes that in its recent concluding observations the Committee on the Elimination of Discrimination Against Women (CEDAW) expressed similar concerns that racism persisted in the Netherlands and that particularly immigrant, refugee and minority women suffered from multiple forms of discrimination with respect to their access to education and employment. The CEDAW also expressed concerns that gender stereotypes about migrant women and women belonging to ethnic minorities were reflected in their position in the labour market (CEDAW/C/NLD/CO/4, 2 February 2007, paragraphs 15 and 27).

2. The Committee notes that the Government continues to take various measures involving the social partners and minority organizations, to combat discrimination in the labour market on the grounds of race and ethnic origin. In particular, a Task Force on Youth Employment was set up to generate 40,000 jobs for young people and in this context work is being done to counter the negative images of and discrimination against ethnic minorities in the labour market. In addition, projects have been financed with the aim of empowering migrant youth and preparing them for the labour market, and a Steering Group on Migrant Women and Employment will operate until the end of 2007 with the aim of encouraging more migrant women to go to work.  The Committee notes further that the Government’s report includes very general information on a Broad Initiative on Social Cohesion and agreements reached at the Employment Summit in 2005 between the Government and the social partners on the issue of migrant labour participation. The Government also states that the Labour Foundation has made recommendations to parties to collective agreements and companies to pursue a policy on minorities and to combat discrimination in recruitment and selection. The Committee notes that, according to the VNO–NCW, these were the most important achievements over the past few years. With respect to other initiatives taken by the Government, such as guidelines for psychological tests relevant to ethnic minorities for use in job application processes, awareness-raising campaigns on discrimination and research conducted on the removal of impediments to ethnic minorities in the labour market, the Committee notes that the VNO–NCW questions the impact of these measures; it indicates that issues such as early school leaving and language deficiencies as well as levels of qualifications should also be taken into account when presenting the situation of ethnic minorities. The Committee further notes the comments of the MHP stating that due to a change in policy, the post of State Secretary for Equal Opportunity disappeared as did the special attention devoted to equal opportunity policy in the general policy of the Ministry of Social Affairs and Employment. As a result, a number of specific measures with the objective of  promoting the participation of women in the labour market have been discontinued.

3. The Committee appreciates the information provided by the Government on the abovementioned initiatives to address discrimination on the basis of race and national extraction, but remains uncertain about the actual impact and effectiveness of these measures in achieving genuine equality of ethnic minorities in employment and vocational training. The information provided is general as to the contents and outcomes of the initiatives and research undertaken, agreements reached and recommendations made, as well as their follow-up. In view of the fact that, in spite of these measures, employment data continue to show a mainly negative trend as to the employment and education of men and particularly women belonging to ethnic minorities, the Committee reiterates its request to the Government to increase its efforts, in collaboration with employers’ and workers’ organizations, to address discrimination in employment and occupation on the basis of race, colour, ethnic origin or religion. The Committee asks the Government in particular: (1) to provide information demonstrating whether and to what extent measures such as the Broad Initiative on Social Cohesion, the Task Force on Youth Employment, the Steering Group on Migrant Women and Employment, as well as the guidelines on psychological tests and awareness-raising campaigns have had an impact on increasing the access of ethnic minority groups, and particularly women, in employment and occupation; (2) to provide more detailed information on the contents of the agreements reached on migrant labour participation and the recommendations made by the Labour Foundation, as well as on the research conducted on the removal of impediments to ethnic minorities in the labour market, and the specific follow-up given to these initiatives; and (3) to continue to provide statistical data, disaggregated by sex and origin on the employment and training situation of ethnic minorities. Please also provide information on any other measures taken, and their impact, on decreasing discrimination in hiring and promoting access to employment and training of men and women belonging to ethnic minorities.

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