Demande directe (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

Convention (n° 143) sur les travailleurs migrants (dispositions complémentaires), 1975 - Norvège (Ratification: 1979)

The Committee notes the information supplied by the Government and the attached annexes.

1.  Part I of the Convention (Migration in abusive conditions).  The Committee notes the efforts made by the Government to strengthen the combat against illegal immigration: the prison sentence for organizing illegal migration was raised from a maximum of two years to five years in 1997 and measures were adopted to punish fraudulent use of passports or other travel documents by a maximum of two years’ imprisonment.

2.  Article 9, paragraph 3.  The Committee recalls that this Article prescribes that in case of expulsion of a worker with his family, the cost shall not be borne by them. This cost includes the costs of administrative or judicial procedures involved in issuing or implementing the order, such as escorting the person being expelled out of the country (see paragraphs 310-311 of the 1999 General Survey on migrant workers). In Norway, the costs of surveillance incurred when the foreigner does not seem ready to leave the country voluntarily have to be paid by him by virtue of section 46 of the Immigration Act. The Committee considered that the Convention is not fully applied and requested the Government to keep it informed of progress made to give full effect to this provision of the Convention. It notes that no progress has been made in this direction and requests the Government to inform it of any evolution in its position on this matter.

3.  Part II (Equality of opportunity and treatment).  The Committee notes the establishment in September 1998 of the Centre for Combating Ethnic Discrimination. It also notes that the Centre considers, in its report to the United Nations Committee on the Elimination of Racial Discrimination (A/55/18, paragraphs 404-421), that the legal provisions in force do not offer adequate protection against racial discrimination. The Committee notes, furthermore, the establishment of a committee to draft the text of a new act on combating ethnic discrimination. It requests the Government to keep it informed of the activities of the Centre for Combating Ethnic Discrimination, particularly in the specific areas of employment and housing. Bearing in mind the comments of the Centre on the inadequacy of protection against racial discrimination, and in the absence of specific provisions against racial discrimination in the Norwegian Constitution, the Committee requests the Government to indicate the measures taken or envisaged to ensure adequate protection against racial discrimination in practice. It expresses the hope that the Committee responsible for drafting a new act for combating ethnic discrimination will take this information into account in formulating its draft legislation.

4.  The Committee also notes the adoption of the Plan of Action to Combat Racism and Discrimination for the period 1998-2001, which is a follow-up to the report submitted by the Government to the Parliament on 28 February 1997, entitled "Immigration and a multicultural Norway" (St. meld, No. 17, 1996-97) which constitutes the basis of Norwegian policy on the integration of immigrants. This Plan provides a series of measures to be taken in the areas of legal assistance to persons who are victims of illicit discrimination; the labour market; the housing market; education and vocational training (particularly in regard to further training for judges); multicultural comprehension, particularly in the sectors in contact with the public (police, media, teachers, health and social services); anti-racist and anti-discrimination activities; and the dissemination of knowledge on methods for preventing and combating racism and discrimination. With particular regard to employment, the Action Plan emphasizes equality of opportunity in recruitment, promotion and protection against non-objective dismissal and also on recruitment of persons with an immigrant background in the public sector. In this regard, it notes that section 55A of Act No 4 of 4 February 1977 relating to worker protection and the working environment was amended in 1998 by adding a prohibition against discrimination on the grounds of race, colour, national or ethnic origin or sexual orientation in the recruitment process. In fact, analysis of the Norwegian labour market shows that although unemployment has decreased considerably in recent years, this decrease has not truly benefited immigrants (in May 1999, the unemployment rate in the active immigrant population was 6.3 per cent as against 2.2 per cent for the rest of the population and 12.6 per cent for African immigrants). The Government considers that the main obstacles for immigrants in the labour market seem to be lack of proficiency in the Norwegian language, insufficient or unrecognized qualifications, discrimination and lack of work experience in Norway. The Norwegian Labour Market Service (Aetat) has therefore made this category of workers one of its main targets and gives then targeted assistance, in partnership with local municipalities and the social partners on these matters.

5.  Noting that on 31 July 1999, the majority of measures incorporated in the Plan of Action to Combat Racism and Discrimination had been implemented or were in the process of being implemented and that the Plan would be evaluated towards the end of the period of operation, the Committee would be grateful if the Government would supply a summary of this evaluation and particularly the conclusions and recommendations concerning discrimination encountered by immigrants in the areas of employment, access to vocational training, employment and conditions of work). It would also like to know whether the labour inspection service has been able to measure the impact of the amendment made in 1998 to section 55A of Act No. 4/1977 on worker protection and the working environment.

6.  Article 12(a).  The Committee notes the Government’s statement that since 1996 there has been close cooperation between the Government and the social partners (Confederation of Norwegian Business and Industry, Confederation of Trade Unions in Norway, Norwegian Federation of Business and Service Enterprises) on the question of integrating immigrants. This cooperation is based on the realization by each of the parties that immigrants are an important human, cultural and economic potential, of the difficulties facing them in having access to the labour market and the fact that this participation is one prerequisite for their successful integration into Norwegian society. The cooperation therefore has the aim of facilitating access to the world of work for persons of foreign origin seeking employment by stressing training and the help to be given to them once they have found a job. In the latter case, a system of sponsoring has been established in which the sponsor is responsible for assisting his protégé and monitoring the latter’s progress in both his occupation and social integration; the sponsor is responsible, in addition, for providing liaison between the migrant worker and the local employment service. The Committee requests the Government to continue to keep it informed of efforts made by employers’ and workers’ organizations to encourage the acceptance and application of the policy of equality of opportunity and treatment between national workers and migrant workers present legally in the country in respect of employment and occupation, social security, trade union and cultural rights and individual and collective freedoms.

7.  Article 14(b).  In its previous comment, the Committee requested the Government to keep it informed of the implementation of the proposals made by the governmental commission on the recognition of migrant workers’ qualifications and work experience. The Government indicates that a final evaluation of the application of the abovementioned proposals conducted in January 1999 concluded that the Plan of Action had been implemented satisfactorily but that some problems still remained, above all, in regard to time limits and the difficulty of assembling the documentation required. The Committee notes that the Parliament (Storting) has decided to establish a database concerning the various non-formal channels of adult training with a view to recognizing them in order to permit adults to undertake supplementary training, if necessary through specially adapted courses. It requests the Government to continue to keep it informed of progress made in recognizing vocational qualifications acquired abroad.