Ethnic minority labour market participation still low despite more stringent legislation

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In late 2000, the Dutch Institute for Multicultural Development (Forum) highlighted the relatively low participation rate of people from ethnic minority groups in the labour market. The organisation has threatened to institute legal proceedings, in view of the fact that legislation tightened in 1998 appears to have failed to achieve its objectives.

At the end of 2000, the Institute for Multicultural Development (Instituut voor Multiculturele Ontwikkeling, Forum) drew attention to the fact that the labour market participation of people from ethnic minority groups was still lagging behind the average. This is despite the fact that the Act on Promotion of Labour Participation of Ethnic Minorities Act (Wet Stimulering Arbeidsdeelname Minderheden, Samen), which took effect on 1 January 1998, obliges employers to register the number of people from ethnic minority groups in their workforce (NL9805176F). Companies are also required to indicate every year how they intend to achieve balance in the workforce with respect to ethnic minority participation, setting targets for such participation. Recently published findings of a survey conducted by the bipartite Labour Foundation (Stichting van de Arbeid, STAR), show that only 60% of companies and 55% of government bodies comply with the Samen Act. Some employers cite administrative "red tape" as a reason for not registering, while others object on principle. The study also revealed that only 20% of all Dutch companies have experience of employing people from immigrant backgrounds.

The director of Forum, Ahmed Aboutaleb, remains optimistic, despite the disappointing results achieved thus far by the Act, and believes that firm sanctions will ensue. In time, he expects companies to be forced to address the topic of diversity in view of the composition of the Dutch population. The principle of the workforce reflecting the make-up of the population and the growing emphasis on "socially aware" business practice, coupled with shortages in the current labour market, will serve to expedite change. Mr Aboutaleb believes that a multicultural personnel policy is doomed from the start without adequate support from the higher echelons of trade union organisations as well as at a grassroots level. He also emphasises the importance of language courses – inadequate command of the Dutch language is often cited as an argument against employing immigrants – calling for them automatically to enjoy the same status as computer courses in the broader context of continuing staff training.

Finally, Mr Aboutaleb states that improvements could be achieved on the supply side. Employment agencies and administrative bodies are faced with the difficulty of finding sufficient resources. In his opinion, additional pressure – by way of a punitive cut in benefits, for example – could be exerted to provide an incentive for immigrants receiving benefits to enter the labour market.

Forum has now decided to exercise the options contained in the 1998 Act, which is a more stringent version of an earlier 1994 Act (NL0004187N). The 1998 Act states that organisations representing social interests can institute civil proceedings against companies which they believe are failing to meet their obligations in this area. Forum will begin by selecting institutions and companies that fail to comply with the obligation to register the number of employees from ethnic minority groups. Requests for information concerning the composition of these organisations' workforces will be followed by warnings and, where necessary, legal steps. Forum and the consultative bodies for ethnic minorities hope to be able to step up the pressure sufficiently, but will not hesitate to seek legal recourse in a bid to compel adoption of the policy laid down by the legislation.