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

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

The Committee notes the communications from the Trade Union Federation for Professional and Managerial Staff (MHP), dated 27 August 2008, and the Netherlands Trade Union Confederation (FNV), dated 29 August 2008, concerning the application of the Convention, which have been sent to the Government for its comments thereon.

Legislative developments. The Committee notes that there are no new developments in relation to the consolidation of the equal treatment legislation. The Committee further notes with interest that, following the amendment of the Civil Code and the Equal Opportunities Act, sexual harassment is now a prohibited form of sex discrimination. The definitions in these Acts and in the Working Conditions Act have been harmonized.  The Committee also notes that a proposal to include “discrimination” under the notion psychosocial burden (PSA) in the Working Conditions Act is under preparation.  The Government states that by introducing discrimination in the Working Conditions Act, the Labour Inspectorate is given a role in enforcement. The Committee further notes from the information provided by the MHP that the social partners in the Labour Foundation are preparing national recommendations concerning harassment and violence at work. The Committee asks the Government to keep it informed of the status of the proposed amendments of the Working Conditions Act, and on any other measures taken to ensure that employers translate their policy on sexual harassment into practice. Please also provide information on the number of complaints handled by the Equal Treatment Commission and the courts concerning sexual harassment, the sanctions imposed and remedies provided.

Integration and non-discrimination of migrant workers. The Committee notes that, in the context of Dutch immigration and integration policy, a number of legislative measures have been taken with the aim of promoting the civic integration of migrant workers, such as the Civic Integration (Abroad) Act 2005 and the Civic Integration Act 2006. Under the legislation, newcomers, prior and subsequent to their arrival in the Netherlands, but also persons who have resided in the Netherlands for a long time have to follow compulsory integration courses and undergo a compulsory integration exam within a certain limit of time and for which they have to pay. Dutch citizens and citizens from the European Union, the European Economic Area and Switzerland are excluded from the obligations. The Committee notes from the report of the European Commission Against Racism and Intolerance (ECRI) on the Netherlands that “concerns have been expressed that the requirement to pass the integration exam may result in exclusion and discrimination, for instance by employers and service providers, as they may feel authorized to demand integration certificates from persons seeking employment or services”. The ECRI also highlights concerns expressed by civil society that “the measures have been taken to punish and stigmatize immigrants rather than to improve their position in society” (CRI (2008)3, 12 February 2008, page 10). While the Committee considers that measures to promote the social and economic integration of migrant workers certainly contribute to the achievement of equality of opportunity and treatment of ethnic minorities, including immigrants, care should be taken that such measures do not directly or indirectly discriminate against certain ethnic minority groups with respect to their access to employment and occupation within the meaning of Article 1 of the Convention. The Committee therefore asks the Government to provide information on the measures taken, including studies, to monitor the impact of the Civic Integration (Abroad) Act 2005 and the Civic Integration Act 2006 on the employment position of ethnic minorities and to ensure that the requirement of the integration certification is not leading to any discriminatory treatment or stigmatization by employers and the population on the basis of the grounds enumerated in the Convention.

National policy with respect to equality of treatment between men and women and national minorities. Further to its observation, the Committee notes that the Government’s report does not include any particular data on the employment of men and women in various occupations and sectors of employment. The Committee reiterates its request to the Government to provide statistical information, disaggregated by sex and origin, on the employment of men and women in the various sectors and occupations, and their access to high-level posts.

Enforcement. The Committee notes the information provided by the Government on the evaluation of the Equal Treatment Act indicating that more could be done to foster public understanding of the Act, especially targeting ethnic minorities. Professionals of anti-discrimination bureaux and lawyers sometimes have difficulties in applying the notions of direct and indirect discrimination or with the decisions of the Equal Treatment Commission. Noting that the Government’s response to the evaluation by the researchers will be presented to Parliament in the near future, the Committee asks the Government to keep it informed of any further measures taken in follow-up to any recommendations made with respect to the effective enforcement of the Equal Treatment Act.