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19 October 1999
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HR/CT/99/32
19 October 1999
HUMAN RIGHTS COMMITTEE CONSIDERS REPORT ON SITUATION OF
NORWAY'S CIVIL AND POLITICAL RIGHTS
The Human Rights Committee this morning began its consideration of the fourth periodic report of Norway on the implementation of the provisions of the International Covenant on Civil and Political Rights.
Introducing his country's report, Petter Wille, the Deputy Director General at the Ministry of Foreign Affairs, said that the present Government, which took office in the fall of 1997, had appointed a minister with special responsibility over development and human rights, and made human rights one of its priorities. The Norwegian Government was also in the process of preparing a comprehensive plan of action on human rights, which would be submitted to Parliament on 10 December this year, he said.
Committee members also raised numerous questions on such issues as the situation of asylum-seekers and refugees; criteria for the expulsion of foreigners from Norway; telephone surveillance of suspected narcotic dealers; child adoption; the right to peaceful assembly; the right to the option for euthanasia; and the status of the Lutheran church in Norway, among other things.
The Norwegian delegation also included Hilde Indreberg, an Advisor at the Ministry of Justice; and Birgit Vinnes, an Advisor at the Ministry of Foreign Affairs.
Norway is one of 144 States parties to the Convention, and as such it is obligated to submit periodic reports to the Committee on the measures taken with the view of implementing the treaty.
When the Committee reconvenes at 3 p.m., it will continue its consideration of the Norwegian report.
Report of Norway
The fourth periodic report of Norway (document CCPR/C/115/Add.2) enumerates administrative and legislative measures taken by the State party to implement the provisions of the Covenant on Civil and Political Rights. The report says that as the rights and freedoms recognized in the Covenant are among the most fundamental human rights, any information on or teaching of human rights in general will put substantial emphasis on these rights and freedoms.
Addressing the situation of foreign nationals in Norway, the report states that the law was amended to read as follows: "unless otherwise provided by the legislation currently in force, foreign nationals have during their legal stay in Norway the same rights and obligations as Norwegian nationals". The amendment was made as part of the Government's efforts to reduce illegal immigration.
The report says that the number of women who were active in politics has increased over the last three decades. Public campaigns and the use of gender quotas in the political parties have been important measures in this respect, together with the provision of the Gender Equality Act requiring 40 per cent representation of both sexes in all public committees. The proportion of women in the judicial system is also increasing. Female judges constitute 13 per cent of the total number of judges. Since the late 1980s, women have constituted a small majority of students in colleges and universities. However, women at higher education levels are still studying for fewer years than men.
Further, the report says that Norway does not have a special procedure for formal recognition of minorities. When special measures are implemented concerning minorities, it is usually done on a sectoral basis. According to the Government's policy, persons belonging to ethnic, religious or linguistic minorities shall have the same opportunities, rights and obligations as the rest of the population.
Introduction of Report
PETTER WILLE, Deputy Director General, Ministry of Foreign Affairs of Norway, told Committee members that the present Government, which took office in the autumn of 1997, had appointed a minister with special responsibility over development and human rights, and made human rights on of its priorities.
The Norwegian Government was also in the process of preparing a comprehensive plan of action on human rights which would be submitted to Parliament on 10 December this year, Mr. Wille said. The plan would contain national as well as international parts, and would propose a number of measures in several areas, including legislative measures, he added.
In addition, Mr. Wille said that last year, the Government had presented a report describing its policy and measures taken to improve the country's human rights performance in 1998. The Government intended to present such reports annually; and the idea was to have those reports as tools in monitoring the progress made in implementing the plan of action. The report was also intended to raise awareness and to serve as a source of information.
Discussion
In response to numerous written questions prepared by Committee members in advance, the members of the Norwegian delegation said that the Human Rights Act was adopted last May and entered into force the same date. Section 2 of the Act stated that the Covenant and its protocols should apply as Norwegian statutory law insofar as it was binding on Norway. In addition, the Covenant should prevail over any conflicting statuary provision.
The delegation said that women accounted for over 50 per cent of the students enrolled at Norway's universities and colleges; still boys' and girls' choice of education showed nearly the same pattern as in the 1970s. The Government had taken the initiative for a comprehensive three-year project aimed at motivating students of the both sexes to make informed and conscious vocational and educational choices that were independent of traditional gender roles.
Women were still under-represented in higher scientific positions, the delegation said. Postdoctoral scholarships were used to help women to qualify for leading positions in the university system. The new University Act of 1995 allowed vacancies to be advertised for the under-represented gender. In addition, the Gender Equality Act was amended in the same year to allow for the preferential treatment of men in certain professions related to the teaching and care of children.
With regard to rights belonging to minorities and the right to self-determination, the delegation said that additional measures had been taken by the Government to empower the Saami people in exercising their full rights within the Norwegian society, including education. In January 2000, the task and the authority of the Saami Educational Council would be transferred from the Ministry of Education to the Saami Parliament. In addition, in March 1999, the Government had ratified the Council of Europe's Framework Convention on the Protection of National Minorities.
On the decision-making competence of the Saami Parliament, the delegation said that transferring authority to the Saami Parliament was a continuous process; recently some of the significant Saami cultural institutions, like the museums and theatre, were transferred to the Saami Parliament.
Further, the delegation said that a new grant scheme totalling 2.5 million Norwegian Krone had been established targeting national minorities aimed at strengthening the organizational efforts of national minorities, and support projects that combat racism and discrimination of people belonging to national minorities.
Regarding religion and education, the delegation said that in the 1997/98 school year, a new subject was introduced in primary and lower secondary education, entitled "Christian knowledge and religious and ethical education". The teaching included a thorough knowledge of Christianity, knowledge of other Christian denominations, other world religions and philosophies of life aimed at promoting understanding, respect and dialogue. Nevertheless, the teaching of the subject should not involve preaching, said the delegation.
The new subject had been criticized, among others, by the Norwegian Humanist Association and the Islamic Council, the delegation said. They claimed that it was a breach of the freedom of religion; both organizations had brought charges against the Norwegian State to the Oslo City Court, claiming exemption from all parts of the subject for pupils whose parents were members of those organizations. The Norwegian Humanist Association lost the case in the first instance and had appealed; while the case of the Islamic Council would be handled this month.
Although the labour market in Norway had generally been favourable for job-seekers in the last few years, immigrants still experienced problems, the delegation said. In May 1999, the unemployment rate was 6.3 per cent for immigrants compared with 2.2 per cent for the total population. Immigrants from Africa had the highest rate of unemployment with 12.6 per cent as of May 1999. According to the responses, the main obstacles for immigrants in the Norwegian labour market seemed to be lack of proficiency in the Norwegian language, insufficient or unrecognized qualifications, discrimination and lack of work experience.
Concerning pre-trial detention, the delegation said the long periods some suspects were detained were considered to be a serious problem by the Norwegian authorities. The Ministry of Justice arranged a conference in May 1998 on the situation relating to custody in remand in Norway, in which focus was directed towards the length of such detention. During the conference, it was suggested that one solution was to introduce limits on how long a person could be detained. The Ministry of Justice had established two working groups which were to provide proposals ad to how the process could be made to work quicker.
A question was raised if a law existed prohibiting discriminatory practices by private subjects with regard to such issues as employment, schools, and access to transportation, hotels and restaurants. The delegation said that the Norwegian Constitution contained no provision expressly prohibiting racial discrimination. However, there existed no legal provision that generally prohibited discriminatory practices. Racial discrimination was regulated in a number of provisions in various acts, notably in the Penal Code. In addition, the Government had decided to appoint a committee to draft, by January 2000, a new act for combatting ethnic discrimination.
On racist violence and harassment, the registration of incidents of racism and discrimination was not yet satisfactory, said the delegation. However, existing registration showed a trend towards fewer serious incidents of racially motivated violence in 1998 compared to previous years. There seemed to be an increase in the number of reported incidents of discrimination or more subtle forms of unequal treatment, especially in the labour and housing markets. In addition, the police had strengthened their efforts to combat racially motivated violence in certain communities, especially where neo-Nazi organizations were involved.
No special measures had been taken to directly prohibit dissemination of racist propaganda, or to prohibit racist organizations, the delegation said. As a measure to prevent discrimination in regard to access to restaurants, pubs, clubs and cafes, the Oslo police arranged courses for doormen in 1998. Those courses would continue in 1999, and would also be arranged in other cities in Norway.
Concerning the provisions in the Family Act, which required that a foreign national be legally in Norway to be allowed to marry there, the delegation said that tourists with visas, tourists who did not need visas, and asylum-seekers who were in Norway pending the outcome of their application, might be able to marry there. Only those who entered the country illegally or asylum-seekers who had been refused asylum were affected by the provisions.
Following the delegation's responses, Committee members put numerous questions on such issues as situation of asylum-seekers and refugees; criteria for the expulsion of foreigners from Norway; telephone surveillance of suspected narcotic dealers; child adoption; the right to peaceful assembly; the right to the option for euthanasia; and the status of the Lutheran church in Norway, among other things.
19 October 1999
HUMAN RIGHTS COMMITTEE CONSIDERS REPORT ON SITUATION OF
NORWAY'S CIVIL AND POLITICAL RIGHTS
The Human Rights Committee this morning began its consideration of the fourth periodic report of Norway on the implementation of the provisions of the International Covenant on Civil and Political Rights.
Introducing his country's report, Petter Wille, the Deputy Director General at the Ministry of Foreign Affairs, said that the present Government, which took office in the fall of 1997, had appointed a minister with special responsibility over development and human rights, and made human rights one of its priorities. The Norwegian Government was also in the process of preparing a comprehensive plan of action on human rights, which would be submitted to Parliament on 10 December this year, he said.
Committee members also raised numerous questions on such issues as the situation of asylum-seekers and refugees; criteria for the expulsion of foreigners from Norway; telephone surveillance of suspected narcotic dealers; child adoption; the right to peaceful assembly; the right to the option for euthanasia; and the status of the Lutheran church in Norway, among other things.
The Norwegian delegation also included Hilde Indreberg, an Advisor at the Ministry of Justice; and Birgit Vinnes, an Advisor at the Ministry of Foreign Affairs.
Norway is one of 144 States parties to the Convention, and as such it is obligated to submit periodic reports to the Committee on the measures taken with the view of implementing the treaty.
When the Committee reconvenes at 3 p.m., it will continue its consideration of the Norwegian report.
Report of Norway
The fourth periodic report of Norway (document CCPR/C/115/Add.2) enumerates administrative and legislative measures taken by the State party to implement the provisions of the Covenant on Civil and Political Rights. The report says that as the rights and freedoms recognized in the Covenant are among the most fundamental human rights, any information on or teaching of human rights in general will put substantial emphasis on these rights and freedoms.
Addressing the situation of foreign nationals in Norway, the report states that the law was amended to read as follows: "unless otherwise provided by the legislation currently in force, foreign nationals have during their legal stay in Norway the same rights and obligations as Norwegian nationals". The amendment was made as part of the Government's efforts to reduce illegal immigration.
The report says that the number of women who were active in politics has increased over the last three decades. Public campaigns and the use of gender quotas in the political parties have been important measures in this respect, together with the provision of the Gender Equality Act requiring 40 per cent representation of both sexes in all public committees. The proportion of women in the judicial system is also increasing. Female judges constitute 13 per cent of the total number of judges. Since the late 1980s, women have constituted a small majority of students in colleges and universities. However, women at higher education levels are still studying for fewer years than men.
Further, the report says that Norway does not have a special procedure for formal recognition of minorities. When special measures are implemented concerning minorities, it is usually done on a sectoral basis. According to the Government's policy, persons belonging to ethnic, religious or linguistic minorities shall have the same opportunities, rights and obligations as the rest of the population.
Introduction of Report
PETTER WILLE, Deputy Director General, Ministry of Foreign Affairs of Norway, told Committee members that the present Government, which took office in the autumn of 1997, had appointed a minister with special responsibility over development and human rights, and made human rights on of its priorities.
The Norwegian Government was also in the process of preparing a comprehensive plan of action on human rights which would be submitted to Parliament on 10 December this year, Mr. Wille said. The plan would contain national as well as international parts, and would propose a number of measures in several areas, including legislative measures, he added.
In addition, Mr. Wille said that last year, the Government had presented a report describing its policy and measures taken to improve the country's human rights performance in 1998. The Government intended to present such reports annually; and the idea was to have those reports as tools in monitoring the progress made in implementing the plan of action. The report was also intended to raise awareness and to serve as a source of information.
Discussion
In response to numerous written questions prepared by Committee members in advance, the members of the Norwegian delegation said that the Human Rights Act was adopted last May and entered into force the same date. Section 2 of the Act stated that the Covenant and its protocols should apply as Norwegian statutory law insofar as it was binding on Norway. In addition, the Covenant should prevail over any conflicting statuary provision.
The delegation said that women accounted for over 50 per cent of the students enrolled at Norway's universities and colleges; still boys' and girls' choice of education showed nearly the same pattern as in the 1970s. The Government had taken the initiative for a comprehensive three-year project aimed at motivating students of the both sexes to make informed and conscious vocational and educational choices that were independent of traditional gender roles.
Women were still under-represented in higher scientific positions, the delegation said. Postdoctoral scholarships were used to help women to qualify for leading positions in the university system. The new University Act of 1995 allowed vacancies to be advertised for the under-represented gender. In addition, the Gender Equality Act was amended in the same year to allow for the preferential treatment of men in certain professions related to the teaching and care of children.
With regard to rights belonging to minorities and the right to self-determination, the delegation said that additional measures had been taken by the Government to empower the Saami people in exercising their full rights within the Norwegian society, including education. In January 2000, the task and the authority of the Saami Educational Council would be transferred from the Ministry of Education to the Saami Parliament. In addition, in March 1999, the Government had ratified the Council of Europe's Framework Convention on the Protection of National Minorities.
On the decision-making competence of the Saami Parliament, the delegation said that transferring authority to the Saami Parliament was a continuous process; recently some of the significant Saami cultural institutions, like the museums and theatre, were transferred to the Saami Parliament.
Further, the delegation said that a new grant scheme totalling 2.5 million Norwegian Krone had been established targeting national minorities aimed at strengthening the organizational efforts of national minorities, and support projects that combat racism and discrimination of people belonging to national minorities.
Regarding religion and education, the delegation said that in the 1997/98 school year, a new subject was introduced in primary and lower secondary education, entitled "Christian knowledge and religious and ethical education". The teaching included a thorough knowledge of Christianity, knowledge of other Christian denominations, other world religions and philosophies of life aimed at promoting understanding, respect and dialogue. Nevertheless, the teaching of the subject should not involve preaching, said the delegation.
The new subject had been criticized, among others, by the Norwegian Humanist Association and the Islamic Council, the delegation said. They claimed that it was a breach of the freedom of religion; both organizations had brought charges against the Norwegian State to the Oslo City Court, claiming exemption from all parts of the subject for pupils whose parents were members of those organizations. The Norwegian Humanist Association lost the case in the first instance and had appealed; while the case of the Islamic Council would be handled this month.
Although the labour market in Norway had generally been favourable for job-seekers in the last few years, immigrants still experienced problems, the delegation said. In May 1999, the unemployment rate was 6.3 per cent for immigrants compared with 2.2 per cent for the total population. Immigrants from Africa had the highest rate of unemployment with 12.6 per cent as of May 1999. According to the responses, the main obstacles for immigrants in the Norwegian labour market seemed to be lack of proficiency in the Norwegian language, insufficient or unrecognized qualifications, discrimination and lack of work experience.
Concerning pre-trial detention, the delegation said the long periods some suspects were detained were considered to be a serious problem by the Norwegian authorities. The Ministry of Justice arranged a conference in May 1998 on the situation relating to custody in remand in Norway, in which focus was directed towards the length of such detention. During the conference, it was suggested that one solution was to introduce limits on how long a person could be detained. The Ministry of Justice had established two working groups which were to provide proposals ad to how the process could be made to work quicker.
A question was raised if a law existed prohibiting discriminatory practices by private subjects with regard to such issues as employment, schools, and access to transportation, hotels and restaurants. The delegation said that the Norwegian Constitution contained no provision expressly prohibiting racial discrimination. However, there existed no legal provision that generally prohibited discriminatory practices. Racial discrimination was regulated in a number of provisions in various acts, notably in the Penal Code. In addition, the Government had decided to appoint a committee to draft, by January 2000, a new act for combatting ethnic discrimination.
On racist violence and harassment, the registration of incidents of racism and discrimination was not yet satisfactory, said the delegation. However, existing registration showed a trend towards fewer serious incidents of racially motivated violence in 1998 compared to previous years. There seemed to be an increase in the number of reported incidents of discrimination or more subtle forms of unequal treatment, especially in the labour and housing markets. In addition, the police had strengthened their efforts to combat racially motivated violence in certain communities, especially where neo-Nazi organizations were involved.
No special measures had been taken to directly prohibit dissemination of racist propaganda, or to prohibit racist organizations, the delegation said. As a measure to prevent discrimination in regard to access to restaurants, pubs, clubs and cafes, the Oslo police arranged courses for doormen in 1998. Those courses would continue in 1999, and would also be arranged in other cities in Norway.
Concerning the provisions in the Family Act, which required that a foreign national be legally in Norway to be allowed to marry there, the delegation said that tourists with visas, tourists who did not need visas, and asylum-seekers who were in Norway pending the outcome of their application, might be able to marry there. Only those who entered the country illegally or asylum-seekers who had been refused asylum were affected by the provisions.
Following the delegation's responses, Committee members put numerous questions on such issues as situation of asylum-seekers and refugees; criteria for the expulsion of foreigners from Norway; telephone surveillance of suspected narcotic dealers; child adoption; the right to peaceful assembly; the right to the option for euthanasia; and the status of the Lutheran church in Norway, among other things.