COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS EXAMINES FOURTH PERIODIC REPORT OF NORWAY

The Committee on Economic, Social and Cultural Rights completed its review today of the fourth periodic report of Norway on how that country implements the provisions of the International Covenant on Economic, Social and Cultural Rights.

Introducing the report was Petter Wille, Deputy Director-General in the Norwegian Ministry of Foreign Affairs, who said that since the submission of the report under consideration, a number of new developments had taken place in Norway. Among them was the adoption of a bill last month prohibiting ethnic and religious discrimination and the submission of a report last year entitled "Fighting Poverty Together: A Comprehensive Development Policy", which embraced a rights-based approach to development policy and took the Millennium Development Goals as its starting point.

During the exchange between the Norwegian delegation and the 18-member Committee which was held over two meetings, a number of subjects were raised. They included the State's international development assistance, gender equality, the rights of asylum seekers and refugees, the Sami indigenous population, unemployment for immigrants, social security measures, human trafficking, female genital mutilation and forced marriages.

Members of the Norwegian delegation represented the Ministry of Foreign Affairs; the Ministry of Health and Care; the Ministry of Local Government and Regional Development; the Ministry of Children and Family Affairs; and the Permanent Mission of Norway to the United Nations Office at Geneva.

When the Committee reconvenes at 10 a.m. on Monday, 9 May, it is expected to hold a public meeting to discuss article 6 of the International Covenant on the right to work.

Report of Norway

The fourth periodic report of Norway (E/C12/4/Add.14) notes that the Human Rights Act of the State, which entered into force in May 1999, establishes that the International Covenant on Economic, Social and Cultural Rights applies as Norwegian law insofar as it is binding on Norway. In the event of conflict, the provisions of the Covenant shall prevail over provisions in other legislation. The Government presented its Action Plan for Human Rights in 1999 which emphasizes the link between human rights, development and poverty reduction. Norwegian development cooperation focuses on the poorest members of the population and on reducing poverty and is a means of promoting economic, social and cultural rights by contributing towards increasing incomes and welfare and raising the level of education. Moreover, children, women, persons with disabilities, minorities and indigenous peoples are priority groups in Norwegian-funded development programmes and projects.

Norway has one of the highest employment rates and lowest unemployment rates in the area of the Organization for Economic Cooperation and Development, the report states. Today, one out of six persons unemployed is an immigrant. During the period 1990-2001, women's pay has improved compared with men’s in the main industries. The "Women, Quality and Qualifications" project was launched in 1997 to increase the number of women in management positions in the central government administration. Under the National Insurance Act of 1997, every person resident or working in Norway is covered by the National Insurance scheme. The Working Environment Act imposes a general prohibition against employment of children under the age of 15, i.e. of compulsory school age, although exceptions are made. In 2002, the Government presented a Plan of Action for Combating Poverty with a goal to enable as many persons as possible of working age to support themselves through their own work and to ensure those who cannot work a secure subsistence from social welfare benefits.

In the latter half of the 1990s a comprehensive reform of Norwegian primary and lower secondary education was introduced, entitled Reform 97. Under this reform, compulsory education was extended from 9 to 10 years, starting from the 1997-98 academic year. At the same time the age at which children start school was lowered from 7 to 6. Children from language minorities are generally offered education in their mother tongue as an instrument for learning the Norwegian language. Moreover, the 1999 Education Act strengthened pupils’ right to study and be taught in the Sami language. As of 1 October 2002, 30,431 immigrants (including refugees and asylum-seekers) attended courses in Norwegian and social studies.

Presentation of Report

PETTER WILLE, Deputy Director-General in the Norwegian Ministry of Foreign Affairs, said that since the submission of the report under consideration, a number of new developments had taken place in Norway. The proposed bill prohibiting ethnic and religious discrimination, as mentioned in the report, was adopted by Parliament on 26 April this year. The act prohibited discrimination based on ethnicity, national origin, descent, colour, language and religious belief in all parts of society, included both direct and indirect discrimination, and would enter into force on 1 January 2006. The Norwegian Parliament was furthermore in the process of adopting important amendments to its Gender Equality Act which would incorporate the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and transform the European Union Council Directive regarding the equal treatment of men and women with regard to work. Moreover, the Norwegian Parliament was also in the process of adopting the proposed bill on the establishment of a new Equality and Anti-Discrimination Ombudsman, which would enforce the anti-discrimination regulations in the Working Environment Act and the habitation legislation. Proposed amendments to the Patients' Rights Act had also recently been sent out for public hearing. One of the most important objectives behind the proposed amendments was to establish clear and concise regulations, which might prevent and reduce the use of coercion.

Last year the Norwegian Government submitted the report "Fighting Poverty Together: A Comprehensive Development Policy", Mr. Wille said. The report embraced a rights-based approach to development policy and took the Millennium Development Goals as its starting point and argued for activity in four distinct areas: global partnership calling for fair trade and more debt relief; donor reform calling for more and better development assistance and placing recipient countries in the drivers seat; governance reform calling for a genuine willingness by the developing countries to put their own houses in order; and mobilization of the private sector and non-governmental organizations.

Questions Raised by Experts on General Provisions of the Covenant

While noting that the State party ranked first among the United Nations Development Programme Human Development Index for 2002 and 2003, an Expert asked for the latest percentage of the GDP that was earmarked for international development assistance. He also asked the delegation to elaborate on the State's views of the status of the International Covenant on Economic, Social and Cultural Rights given a Supreme Court judgment which considered that the rights guaranteed by the Covenant were not directly applicable.

While drawing attention to the State's international development cooperation, an Expert asked for more information on where its development assistance was allocated. Also in the context of international assistance, another Expert asked how the State guaranteed that the commitment to fulfill the provisions of the Covenant could be fulfilled at the international level.

Experts also raised questions related to the Gender Equality Act. An Expert noted that women received generally 15 per cent less than men for equal work and asked what efforts were planned to advance the cause of gender equality.

A number of Experts raised questions on refugees and asylum seekers. One Expert noted that many asylum seekers had been housed in reception centres for extended periods and asked what efforts the State had taken to reduce the amount of time persons were spending in these centres.

An Expert referred to a recent agreement reached by five African Heads of State who announced a new initiative for the New Partnership for African Development which had received support from the G8, as well as from private partnerships. He asked whether Norway was participating in this initiative and, if so, how much funding it was providing.

A number of Experts asked questions on indigenous persons in Norway, namely the Sami people, whose number is estimated at 30,000. An Expert asked the delegation to provide the latest figures on the number of Sami people residing in Norway and whether there had been any obstacles to ensuring their economic, social and cultural rights. Another Expert asked for information on the current status of a draft bill for granting land and resources to the Sami people, which was currently before Parliament. In that regard, he also asked to what extent were the Sami people represented in these discussions.

Other questions raised related to the justiciability of the Covenant; the status of the State's National Human Rights Institution; the State's views on the draft Optional Protocol of the Covenant; and the Office of the Ombudsman on Equality and Anti-Discrimination.

Response by Delegation

Concerning development assistance, the delegation stated that 0.92 per cent of the gross national income was earmarked for international development cooperation assistance. The delegation added that Norwegian embassies had become more involved in monitoring the effects of the State's overseas development assistance.

As for the status of the International Covenant on Economic, Social and Cultural Rights in Norwegian legislation, the delegation noted that the Covenant was incorporated into national legislation and could be directly applied before the Norwegian courts. There were certain instances where cases had made references to the Covenant; one dealt with the right to strike and another with the freedom of association.

Regarding questions raised on the Sami people, the delegation said there were no statistics on the number of Sami in Norway, but the number was believed to be close to 40,000. There was very good cooperation with the Sami Parliament which had been participating in matters pertaining to Sami people, including the land rights decision which was currently pending. The proposed bill related to the management of land for Sami people was currently under review. While acknowledging that 95 per cent of the land in Finnmark currently lies under the State, the delegation said the bill would resolve the issue of land rights for the Sami people in the region. It would also grant protection for the natural resources and provide security for the Sami people residing there. The bill also proposed the establishment of a new independent body to monitor the situation in the region and the implementation of the act.

Norway was experiencing positive trends in terms of gender equality, the delegation noted in response to a question, although problems still existed in the area of employment. Gender representation remained a problem in all sectors of the economy. All employers were required to promote gender equality in the workplace. Moreover, the Norwegian Parliament had adopted legislation to require companies to increase the number of women on their corporate boards to up to 40 per cent. The latest statistics indicated that 10 per cent were currently represented on these boards, so much work needed to be done in this area, the delegation said.

In response to questions raised, the delegation noted that the current rate of unemployment in Norway was 3.5 per cent, which was down from over 4 per cent for last year; growth in wage subsidies was on the rise.

Concerning asylum seekers, the delegation noted that the time of stay on average in reception centres for persons seeking asylum was one year. Persons who were granted residence permits were afforded education and special training.

With regards to the new Office of the Ombudsman on Equality and Gender Discrimination, the delegation said the Office would have the power to propose new legislation and would represent a broad and integrated approach to gender-based discrimination.

With regard to the question raised on the New Partnership for African Development (NEPAD), the delegation said Norway adhered to NEPAD principles and to the African Peer Review Mechanism. It did not allocate assistance to NEPAD as such but saw this initiative as a framework for development. It did, however, allocate assistance to countries that implemented the NEPAD principles.

Questions by Experts on Labour Issues

An Expert said although the rate of unemployment in Norway was to be commended, he noted that unemployment rates for immigrants was higher than any other group in Norway and asked for additional information in that regard.

A member of the Committee asked for information about compensation to victims of occupational hazards, in particular those working in the fisheries industry.

Another Expert asked for information on the State's efforts to uphold the economic, social and cultural rights of refugees, migrant workers, and asylum seekers.

An Expert asked whether the State had intended to accede to the ILO Convention covering basic aims and standards for social policies.

Other questions brought up related to social security measures and compulsory arbitration.

Response by Delegation

With regards to the social security system in Norway, the delegation noted that the rate of disability had been increasing. There was no concern that the system was in any way jeopardizing the realization of economic, social and cultural rights.

Concerning high unemployment among immigrants, the delegation noted that the general tendency was that these differences in participation in the labour market were lower for persons who had lived in Norway for a period of time than for newcomers. Several measures have been implemented including a plan of action to promote a rapid integration into the working life for immigrants.

As for the ILO Convention on Social Policy of 1962, the delegation said the Convention was more relevant to developing countries and a number of its articles were in direct conflict with Norwegian law and practice. The Government decided in 1963 and again after a review in 1984 not to ratify the Convention. The delegation added that the Government had not ratified the ILO Convention on the Prevention of Major Industrial Accidents of 1993 since occupational accidents did not apply in the case of accidents that threatened the environment. In response to a related question, the delegation noted that the number of accidents in the petroleum industry was reduced from 469 personal injuries in 2003 to 356 in 2004 and there were no fatal accidents in 2003 and 2004. For the fishing fleet there was 240 personal injuries in 2003, 10 of them were fatal accidents.

Questions by Experts on the Protection of the Family, Mothers and Children; the Right to an Adequate Standard of Living; and the Right to Physical and Mental Health

An Expert asked for more information on the involuntary placement system of the State for children of asylum seekers, as well as measures taken to provide education and other basic services to them.

Several questions were raised by Experts in this grouping pertaining to, among other things, forced marriages; trafficking in women; female genital mutilation; family reunification; domestic violence; prostitution; rates of people infected with HIV/AIDS; the State's Marriage Law; homelessness in Norway; and figures on the export of generic drugs to developing countries

Response by Delegation

With regards to domestic violence, the delegation noted that there were several provisions in the State's laws which covered acts of this kind. As per a study conducted, one out of every 12 women in Norway had been subjected to serious domestic violence and every fourth woman had been subjected to some form of violence or threat of violence.

On prostitution, the delegation said prostitution was not prohibited in Norway. A number of programmes had been set up by the State to assist these persons by way of protection and provision of social services. Many of them were also the victims of human trafficking, the delegation added.

Concerning homelessness in Norway, the delegation said municipalities provided subsidized homes for disadvantaged persons. There were some 5,200 homeless persons in Norway whose number had been reduced from 6,200 in 1997. Strategies to fight homelessness was a high priority for the Government and the State Housing Bank also gave priority to fighting homelessness when allocating loans and grants to municipalities.

With regards to female genital mutilation in Norway, the delegation said there was an act of law in Norway prohibiting such practices as well as a strategy of to raise awareness among the public to address this issue. The act also obligated health personnel, teachers and other professionals in contact with children to prevent female genital mutilation.

Regarding forced marriages, the delegation said a new section was recently included into the State's Marriage Act stating that voluntariness was an absolute condition for entering into marriage. Other measures were assistance to women who were exposed to forced marriages and women who tried to escape forced marriages. Norway had a crisis centre where women could seek assistance. Another measure against forced marriages was subsistence requirements for family reunification.

Concerning family reunification, the delegation said a permit for family reunification was primarily granted to close family members and the permit was granted for one year at a time. After three years, the foreigner could apply for a settlement permit. Among the requirements that must be met for family reunification was that the applicant must be ensured subsistence, and in some cases also housing, in Norway. The Government in the near future would propose amendments to the immigration regulations concerning the subsistence requirements for family reunification, they added.

Concerning human trafficking, in 2004 approximately 100 women victims of trafficking were registered. In February 2003 a national plan of action was launched to address this problem; the plan was being implemented over the period covering 2003 to 2005 and contained several measures which included the protection of victims of trafficking and to detect and prosecute traffickers. Among other things, a 24-hour information phone line had been set up, a national referral network had been established, a code of conduct was drawn up for Norwegian forces participating in peacekeeping missions, and a working group had been established in order to examine the results of the legal regulation of prostitution.

Regarding the Child Welfare Act, the delegation said the act aimed to ensure that children and young people living in poor conditions received the necessary care and assistance; it helped parents and children in difficult situations. Some 75 per cent of the recipients of the Child Welfare Fund received assistance while living at home. In some cases the child was placed in a foster home or a youth centre. Approximately 80 per cent of children who lived outside their homes lived in foster homes.

Questions by Experts on the Right to Education and the Right to Take Part in Cultural Life

Several questions were raised on this aspect of the Covenant. Among the subjects they covered were on universities in Norway; reading skills among youth; family reunification; and corporal punishment for children.

An Expert also asked for information on why asylum seekers in reception centres were not allowed to enroll in secondary school or higher education.




Response by Delegation

In response to the question raised on corporal punishment, the delegation stated that this practice had been illegal in Norway for many years.

Regarding the question of universities, there were five universities in Norway, as well as several colleges with curricula close to university levels.

As to the State's comprehensive reform of basic education, the delegation said the aim of the reform was to sustain and develop the best basic education with a view to ensuring that pupils were better able to meet the challenges of the information society. The reform would be introduced in years 1 to 9 of compulsory education in the autumn of 2006.

Concerning the right to education for children who were asylum seekers, the delegation said the right to primary and secondary education entered into force when it was likely that a child would remain in Norway for more than three months.

As to education for unaccompanied minors, the delegation said these minors, including children of asylum seekers, had the same right to education as other Norwegian children. Reception centres for these minors were in operation to assist these children and to provide them with the best possible care. Measures were also taken to include civil society and non-governmental organizations to address the needs of these minors.

Concerning the number of immigrants in adult education, the delegation noted that 28.6 per cent of immigrants in Norway aged between 19 and 29 were in higher education. On a positive note, second generation immigrants were attending higher education at an increased rate compared to their parents. On a related question, the delegation noted that adults had the right to education after they had received residence permits. Only those above 16 years of age were entitled to free language training.

Regarding reception centres for asylum seekers, the delegation said the municipality decided how many refugees they wanted to settle. Efforts were being made to speed up the process of asylum application. In 2004, a 48-hour procedure was introduced for processing asylum seekers with a background from countries deemed to be safe.

Concerning mental illness, the delegation said in Norway asylum seekers had the same right to health care as others residing in the country. The national programme for mental health aimed at strengthening psychiatric health care and focused largely on children and older persons. This programme extended to asylum seekers and refugees.

As to legal safeguards protecting persons under compulsory psychiatric treatment, the delegation said when the patient was placed under compulsory mental health care, the patient and the closest relative had the right to appeal the decision to the supervisory commission. If the patient or relative were not satisfied with the decision, they could bring the case before the courts, which had an obligation to give the case priority. Compulsory mental health care terminated after one year, but the commission could prolong the care by up to one year at a time. On a similar question concerning the phasing out of traditional mental institutions, the delegation said the aim was to create a more user-friendly service and to avoid as much as possible extended stays at psychiatric hospitals.

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