Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Migration for Employment Convention (Revised), 1949 (No. 97) - Norway (Ratification: 1955)

Article 1 of the Convention. Legislative and other developments. The Committee notes with interest the legislative developments and policy measures relating to the integration and protection of migrant workers. It notes in particular the Act on Prohibition of Discrimination based on Ethnicity, Religion, etc. (Anti-Discrimination Act), 2005, and the Act on the Equality and Anti-Discrimination Ombud and the Equality and Non-Discrimination Tribunal, 2005, which entered into force in 2006, as well as the Introductory Programme and Norwegian Language Instruction for Newly Arrived Immigrants (Introduction Act) No. 13 of 2005. Furthermore, in October 2006 the Government adopted a comprehensive Action Plan for Integration and Social Inclusion of the Immigrant Population and Goals for Social Inclusion, which came into force in 2007. The Committee asks the Government to provide information on any activities carried out under the Action Plan for Integration and Social Inclusion of the Immigrant Population and the impact of the Plan on achieving the objectives of the Convention, i.e. facilitation and control of migratory flows, protection of rights of migrants, equality of treatment between migrants and nationals, and cooperation between States.

Migration trends. The Committee notes with interest the comprehensive study on “Gender and migration. Similarities and disparities among women and men in the immigrant population” – published by Statistics Norway in 2008. The study covers issues such as labour market participation, education and childcare policies and is in the view of the Committee an example of good practice of gender sensitive data gathering on current and future migration trends. The Committee encourages the Government to continue this kind of research for the purpose of identifying priorities in migration policies as well as issues in the application of this Convention and on the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143).

Articles 2 and 4. Migration information and assistance services. The Committee notes that the aim of the Introductory Programme for newly arrived immigrants, which covers refugees, persons admitted on humanitarian grounds and family members reunited with them, is to provide basic skills in the Norwegian language, insight into Norwegian society and prepare for participation in working life and education. The Government states that the effects of the programme are being monitored and that there are indications that these have been positive. The Committee notes in this regard that the Confederation for Professionals (UNIO) considers that language education and training is currently not sufficient for ethnic minorities and questions the positive effects mentioned by the Government. The Committee refers to Paragraph 5 of the Migration for Employment Recommendation (Revised), 1949 (No. 86), and requests the Government to (a) indicate the positive impact of the introductory programme for migrant workers; (b) provide information on any measures taken to increase language training for migrant workers in general and not only for refugees and their families; and (c) indicate how it is ensured that migrant workers receive adequate assistance on matters relating to migration.

Article 6. Equality of treatment. The Committee notes that the Anti-Discrimination Act of 2005, along with the Act on the Equality and Anti-Discrimination Ombud and the Equality and Anti-Discrimination Tribunal establish two new mechanisms (Ombud and Tribunal) competent to decide on individual complaints concerning discrimination. The Committee also notes the Government’s indication that measures against discrimination at the workplace have been implemented under the Action Plan to Combat Racism and Discrimination (2002–06). Furthermore, the Government is conducting two studies, one on “the living conditions among non-western immigrants” identifying perceived discrimination and special challenges in the labour and housing markets, and one on “immigrants’ path into Norwegian society”, covering developments with respect to employment, education, income and living conditions. The Committee requests the Government to indicate whether cases concerning discrimination against migrant workers, including women migrant workers, have been brought before the Equality and Anti-Discrimination Tribunal and the Equality and Anti-Discrimination Ombud. Please also provide information on the implementation of the Action Plan to Combat Racism and Discrimination and its impact on strengthening the principle of equality of treatment in respect of migrant workers, as well as information on the findings of the studies and any follow-up given to any recommendations made with respect to non-discrimination and equality of treatment of migrants and nationals.

Equality of treatment with respect to accommodation. The Committee notes that a study on discrimination in the rental housing market is envisaged under the Action Plan for Integration and Social Inclusion of the Immigrant Population. The Committee requests the Government to provide information on the findings of the study on the discrimination faced by migrant workers in the housing rental market as well as on the measures taken or envisaged to address any such discrimination. The Committee further reiterates its request to the Government to indicate whether it envisages amending the legislation concerning rentals in order to align it with the Joint Ownership Act, or whether the provisions applicable to subletting with regard to unlawful discrimination will be extended to letting in general.

Article 8. Recalling that, on the occasion of the General Survey of 1999 on Migrant Workers, Article 8 was mentioned by governments as one of the provisions of the Convention causing the greatest difficulties of application (paragraphs 600–608), the Committee reiterates its request for information on the practical application of the right of migrant workers admitted into the country on a permanent basis to continued residence in case of incapacity for work due to illness contracted or injury sustained subsequent to entry.

The Committee also refers the Government to its comments on the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143).