Solicitud directa (CEACR) - Adopción: 2008, Publicación: 98ª reunión CIT (2009)

Article 1 of the Convention. Basic human rights of all migrant workers. Recalling the Government’s obligation under Article 1 of the Convention to respect the basic human rights of all migrant workers, regardless of their legal status in the country, the Committee requests the Government to provide information on the measures taken to ensure the effective application of this provision.

Articles 2, 3 and 6. Measures to detect illegal employment of migrants and irregular migration. The Committee notes from the Government’s report that police authorities and some supervisory bodies, including the Norwegian Labour Inspection Authority, are closely cooperating with a view to combating the illegal employment of workers. The Committee also notes that Act No. 66 of 2006 introduced a new section 11a into the Aliens Act No. 64 of 1988, pursuant to which the Norwegian Labour Inspection Authority is now charged with the task of monitoring the release of work permits and reporting to the immigration authorities any irregularities detected. The Committee notes that the National Police Directorate and the Norwegian Labour Inspection Authority have emphasized that the supervisory and control measures must not only be directed at the individual workers, but also towards any persons who are responsible for organizing illegal immigration and employment, and the exploitation of workers. The Committee requests the Government to provide information on the results of the monitoring activities carried out by the police and Labour Inspection Authority, notably information, disaggregated by sex and nationality, of  the number of migrants illegally employed in the country and subjected to abusive conditions as well as the nature of their employment, of the infringements detected and penalties imposed. Please also indicate how employers’ and workers’ organizations are being consulted and given the possibility to supply information in the context of these monitoring mechanisms.

Sanctions. The Committee notes the amendments to section 47 of the Aliens Act of 1988 providing for sanctions against, in particular, those who engage in an organized activity with a view to assisting foreign nationals to enter unlawfully into the realm or any other state and those who wilfully or in a grossly negligent manner employ irregular workers. The Directorate of Migration can bring legal charges against persons who wilfully or grossly negligently employ foreign nationals who do not hold the necessary work permits. The Committee further notes however the Government’s statement that, should an employer repeatedly fail to provide migrant workers with the working conditions and/or remuneration set out in the work permit, the Directorate of Migration may deny work permits for foreigners intending to work for this employer. The Committee requests the Government to: (a) supply information on the application of the sanctions contemplated in section 47 of the Aliens Act, 1988; (b) indicate how it is ensured that migrant workers are protected in practice against any violations of the conditions of employment and remuneration established in their work permits, whether any legal proceedings have been brought against employers who did not respect the remuneration or working conditions set out in the work permit.

Article 9(3). Cost of expulsion. The Committee recalls the Norwegian Federation of Trade Unions (LO) comments regarding the need to start a legislative process so that the legislation concerning the costs of repatriation in case of expulsion of migrant workers is brought line with the Convention. The Committee notes the Government’s confirmation that under Norwegian law workers who are being expelled are required to cover “their own expenses to the extent they are able”. The Government adds that migrant workers with a valid work permit can not be expelled because of lack of employment, except as a penalty where they committed an offence which is punishable with imprisonment for a term exceeding one year. The Committee wishes to draw the Government’s attention to the following: (a) if the migrant worker is in an irregular situation for reasons which cannot be attributed to him or her, the cost of his or her return, as well as the return of family members, including transport costs, should not fall upon the migrant; and (b) if, on the contrary, the migrant worker is in an irregular situation for reasons which can be attributed to him or her, only the costs of expulsion may not fall upon the migrant (see paragraph 310 of the 1999 General Survey on migrant workers). With respect to expenses that migrant workers who are in an irregular situation for reasons attributed to them and who are being expelled have to pay, the Committee asks the Government to specify what is included under “own expenses” and to clarify what criteria is used to determine “to the extent they are able”.

Articles 10 to 12. Equality of opportunity and treatment. The Committee notes from the Government’s report under the Migration for Employment Convention (Revised), 1949 (No. 97) the Government’s commitment to promote an inclusive society without discrimination and with equal opportunities for immigrants and nationals. It notes with interest the Action Plan for Integration and Social Inclusion of the Immigrant Population, which was implemented in 2007 and which encompasses a broad number of measures related to four main areas, i.e. employment; childhood; education and language; and gender equality and participation. Among these measures, the Committee notes in particular the training programmes providing migrant workers with basic competence in order to promote their access to the labour market; the “New Chance” programme designed for migrant workers temporarily unemployed; the Introduction Programme aimed at providing newly arrived immigrants with basic skills in the Norwegian language; the positive measures directed at fostering the recruitment of persons with immigrant background in the state administration; the establishment of a permanent interpreter including in the legal and the health systems; and awareness-raising activities against racism and discrimination. At the same time, the Committee notes from the Second Opinion on Norway of the Council of Europe’s Advisory Committee charged with monitoring the application of the Framework Convention for the Protection of Minorities that there continue to be instances of intolerance and discrimination against persons with immigrant backgrounds, particularly on the labour market (ACFC/OP/II(2006)006, 16 November 2006, paragraph 18). The Committee also refers to the communication submitted by the Confederation of Professionals (UNIO) under the Migration for Employment Convention (Revised), 1949 (No. 97) questioning the impact of the measures taken with a view to integrating migrant workers into Norwegian society. The Committee requests the Government to provide detailed information on the impact of the Action Plan for Integration and Social Inclusion of the Immigrant Population in giving effect to the promotion of equality of opportunity and treatment between nationals and migrant workers lawfully in the country. The Committee also refers to its comments of 2007 addressed to the Government under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Women migrant workers. The Committee notes the findings of the Study on Gender and Migration, published by Statistics Norway in 2008, indicating that the employment rate of immigrant women is 10 per cent lower than that of men, with the gender gap the widest with respect to African and Asian employees. Immigrant men also enter the labour market more quickly than immigrant women and many non-western immigrants remain outside the labour force. The Committee further notes the concerns expressed by the UN Committee on the Elimination of Discrimination against Women about the multiple discrimination faced in the country by migrant women with respect to access to education, employment and health care and exposure to violence (CEDAW A/58/38 (Part I), paragraph 413, 20 March 2003). The Committee notes that the Government recognizes that double discrimination is a genuine problem for women with immigrant backgrounds and therefore intends to launch labour market measures designed specifically to increase their participation in working life and society in general. The Committee encourages the Government in its efforts to promote equality of opportunity and treatment for women migrant workers and requests it to supply full information on the impact of the measures taken under the Action Plan on the employment situation of immigrant women, as well as on any other measures taken or envisaged to promote equal opportunities for them in the labour market and to eliminate discrimination against them.

Article 12(a) and (e). Cooperation with employers’ and workers’ organizations. The Committee notes that a working group encompassing members of employers’ and workers’ organizations as well as representatives from public authorities was set up under the Action Plan with the mandate to assess strategies and measures aimed at increasing the recruitment of migrant workers with non-western background. Likewise, the Committee notes that the Action Plan confirms the establishment of an award for “ethnic diversity in working life” to be assigned annually to an enterprise standing out for its efforts to promote ethnic diversity at the workplace. The Committee notes that this award was created for the first time in 2005 as a result of collaboration between the social partners and the Ministry of Labour and Social Inclusion. The Committee requests the Government to provide information on the results of the assessment carried out by the social partners with regard to the strategies and measures targeting migrant workers with a non-western background. It also invites the Government to continue to supply information on initiatives taken in cooperation with the workers’ and employers’ organizations with a view to promoting the acceptance and observance of the national policy on equality of opportunity and treatment for migrant workers.