Demande directe (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

1. In its previous direct requests, the Committee noted that under section 2 of the Worker Protection and Working Environment Act, No. 4/1977, which contains guarantees against discrimination in employment, workers in certain sectors of activity (seagoing navigation, hunting and fishing, including the treatment on board of the produce of fishing, and military aviation) are excluded from the scope of this Act. The Committee takes note of the information furnished by the Government that workers in seagoing navigation are protected under the Seamen's Act No. 18 of 30 May 1975 as amended in 1985. Noting, however, that Act No. 18/1975 does not contain provisions prohibiting discrimination on grounds other than sex, the Committee repeats its request to the Government to take measures to ensure that workers outside the scope of Act No. 4/1977 are protected against acts of discrimination on all the grounds listed in Article 1, paragraph 1(a), of the Convention. The Committee also requests the Government to specify in its next report how workers in the other sectors of activity not covered by Act No. 4/1977 (those employed in hunting and fishing, including the treatment on board of the produce of fishing, and military aviation) are protected against discrimination in employment.

The Committee notes that the Government has not indicated whether an exemption from coverage under the Equality Between the Sexes Act, No. 45/1978, has been made pursuant to its section 2. It therefore again asks the Government to indicate whether an exemption has been made and to supply the reasons for any such action.

2. The Committee notes that the Norwegian International Ships Register (NIS) Act, No. 48 of 12 June 1987, entered into force on 1 July 1987. Noting that section 6 thereof provides for collective agreements to fix the terms of pay and employment and other working conditions on ships in this register and that collective agreements may be concluded with Norwegian or foreign trade unions, the Committee recalls that specific problems may arise in connection with equal treatment if persons with comparable qualifications and performing work of equal value, especially on the same ship, may be subject to different conditions of employment, and particularly different remuneration. The Committee recalls that the Convention requires the protection of foreign nationals against any form of discrimination, based not on their foreign nationality but on any of the grounds provided for in Article 1, paragraph 1(a), of the Convention. The Committee therefore requests the Government to supply full information, including the text of collective agreements covering ships registered in the Norwegian International Ships Register so as to enable the Committee to ascertain that, beyond residence and nationality, no discrimination is involved, directly or indirectly, on any of the grounds prohibited by the Convention.