Introduction : 1 - 2
I. GENERAL : 3 - 24
II. INFORMATION IN RELATION TO ARTICLES 2 TO 7: 25 - 48
Article 2 : 25 - 35
Article 3 : 36
Article 4 : 37 - 38
Article 5 : 39 - 44
Article 6 : 45
Article 7 : 46 - 48
* This document contains the fourteenth periodic report of Norway due on 5 September 1997.
The information submitted by Norway in accordance with the consolidated guidelines for the initial part of the reports of States parties is contained in the basic document HRI/CORE/1/Add.6
1. Reference is made to Norway's previous periodic reports, in particular to the twelfth and thirteenth reports, submitted in one document on 5 November 1996, and the tenth and eleventh reports, submitted in one document (CERD/C/210/Add.3) and the concluding observations of the Committee on the Elimination of Racial Discrimination concerning the tenth and eleventh reports (A/49/18, paras. 249-267). During the preparation of this report, due regard has been paid to the general guidelines regarding the form and contents of reports to be submitted by States parties under article 9, paragraph 1, of the Convention, revised by the Committee at its 913th meeting on 22 March 1991 (CERD/C/70/Rev.2).
2. The present report is meant to be a short follow-up report in the form of a technical update to the twelfth and thirteenth periodic reports, which are scheduled to be examined by the Committee on 14 and 15 August this year. The suggestions and recommendations made by the Committee in their concluding observations on the tenth and eleventh reports have been taken into account. To assist the Committee in fulfilling the tasks entrusted to it in accordance with article 9 of the Convention, reference is made to previous documents containing information of relevance to the examination of the present report.
3. The general legal framework within which racial discrimination is prohibited has been described in Norway's previous periodic reports (see e.g. the third periodic report (CERD/C/R.78/Add.9) and Norway's twelfth and thirteenth periodic reports, para. 4, as well as in the initial part of the "core document" (HRI/CORE/Add.6)).
4. Reference is made to Norway's twelfth and thirteenth periodic reports (paras. 5-50). The following information may be added thereto:
White Paper on Immigration and a Multicultural Norway
5. In February 1997, the Norwegian Government presented a White Paper on Immigration and a Multicultural Norway (St meld No. 17 (1996-97)) (Reference is made to Norway's twelfth and thirteenth periodic reports, para. 26). The White Paper focuses on the challenges Norway is encountering as a multicultural society. Equal opportunities and combating racism and discrimination are among the main points in this White Paper.
6. In the White Paper, special emphasis has been placed on the following measures against racial discrimination:
7. Improving the legal aid available to victims of racial discrimination. The Government intends to improve the legal aid available to victims of racial discrimination. It is, inter alia, pointed out that victims of such discrimination frequently face social and economic barriers which keep them from bringing a case before the courts. For a test period of five years an arrangement will be made to provide professional legal advice for individuals who are victims of racial discrimination. This measure will also support refugee advisers and others working on legal issues in connection with discrimination.
8. Through this measure the Government will survey the situation closely in order to investigate the extent of racially motivated crimes and how often cases are brought before the courts. Annual reports will contribute to the documentation of these problems.
9. The authorities will develop this measure in close cooperation with the organizations working against racism and racial discrimination. These organizations have already been involved in the initial work and planning of this measure. The Ministry of Local Government and Labour will establish a working group consisting of several of these organizations, representatives from the police and prosecuting authorities and persons with legal competence.
10. Governmental Plan of Action to Combat Racism and Discrimination. (Reference is made to Norway's twelfth and thirteenth periodic reports, paras. 21-24.) The Ministry of Local Government and Labour is cooperating with several other ministries on the Governmental Plan of Action to Combat Racism and Discrimination. In 1996 the current plan of action was under revision and the new plan will be completed in 1997.
11. The plan will focus on discrimination in the labour market and the need to increase the competence of public employees when providing services to a multicultural population. The plan of action will also deal with how to react more clearly and quickly to racially motivated violence and harassment and the improvement of documentation and statistical data on race-related crime.
12. Reporting routines. It is necessary to acquire a better overview of the extent of discrimination and racism. The Government will therefore establish routines to ensure more regular reporting on the extent and kinds of discrimination.
13. Mediation boards. The Government recommends the use of mediation boards for conflicts which arise when persons with different cultural backgrounds work and live together. It is important to inform the public and the immigrant organizations about this measure, while also keeping in mind that the mediation boards are not intended for cases exclusively concerning punishable discrimination.
14. Recruitment to public sector. The Norwegian Government favours active recruitment of qualified persons with an immigrant background at all levels of the public sector. The public sector on all levels should reflect the fact that Norway is a multicultural society. The Government is not, however, in favour of establishing quotas whereby individuals, for example on ethnic or language criteria, would be appointed to positions instead of others with better qualifications.
15. Recruitment to the public sector will be strengthened through improving the knowledge of the qualification of persons with an immigrant background and courses in multicultural awareness, including measures to improve the recruitment of persons with an immigrant background in administrative plans.
16. Further, the labour market organizations have agreed to support the recruitment of immigrants to the State sector. Through the main tariff regulations for the period of 1996-1998 NKr 3 million are being granted for this purpose. The Ministry of National Planning and Coordination is administering this grant and has drawn up a plan to integrate immigrants in the State sector. The plan includes identification of barriers, information and multicultural awareness courses. In addition, workplaces can apply for grants for projects.
17. Recruitment to higher education. As for recruitment to the public sector, the Norwegian Government does not favour the establishments of quotas whereby individuals, for example on ethnic or language criteria, would be admitted to studies. Recruitment to higher education will be strengthened through information to the target groups and guidance-counselling. Special action will be taken in order to recruit persons of immigrant background to professions that involve frequent contact with the public.
18. Accreditation. The Ministry of Education, Research and Church Affairs will improve the information about current measures to approve education and work experience from abroad. Moreover, vocational testing will be established for those who have learned a trade in upper secondary school but do not have a certificate. The responsibility for the accreditation of trade qualifications is the responsibility of many different ministries and directorates. The Government will implement an interdepartmental survey of this problem with the aim of arriving at effective solutions.
19. Random control measures. Persons of immigrant origin have been complaining that the practice of controls at street level in order to detect illegal immigrants have had a discriminatory effect. Random controls solely based on skin colour, language, etc. will therefore no longer take place. (Reference is made to Norway's twelfth and thirteenth periodic reports para. 49).
20. The Ministry of Justice, in cooperation with the Directorate of Immigration and the Police Academy, will evaluate the police training regarding control of illegal immigrants and make the necessary improvements.
Racial discrimination/racist attitudes
21. An overview of the activities of the Interdisciplinary Advisory Group on Community Relations and Anti-Racist Work (see paras. 27-29 below) can serve as an indication as to the reasons why professional assistance is requested by local communities and the frequency with which the Advisory Group has provided professional assistance in 1996. However, such an overview does not provide a complete overview of incidents of racial discrimination in Norway. There have been a number of other incidents and areas of conflict where the Advisory Group was not contacted to provide assistance.
22. Overview of the activities in 1996 of the Interdisciplinary Advisory Group on Community Relations and Anti Racist Work:
23. In their yearly report for 1996, the Anti-Racist Centre in Oslo stated that 104 "extreme right-wing activities" were reported in 1996. These incidents included violence, destruction of property, propaganda, etc. Ninety-five of the incidents could be pinpointed to specific localities; 57 of them took place in five of the municipalities or urban neighbourhoods listed above.
24. In relation to the issue discussed in paragraph 50 of Norway's twelfth and thirteenth periodic reports, it should be noted that the health authorities are funding several ongoing projects and have new projects under consideration with the aim to strengthen HIV/AIDS prevention work amongst Africans and other ethnic minorities. The concerned groups are fully involved in both the planning and the execution of the projects. The Ministry of Health and Social Affairs was recently invited to a meeting with several African and human rights organizations where this subject was discussed. One of the conclusions was that the Ministry should try to arrange such meetings twice a year, but with a broader scope on health care, health promotion and disease prevention in general.
25. Concerning paragraph 1 of article 2, reference is made to Norway's twelfth and thirteenth periodic reports (paras. 51-88). The following information may be added thereto:
Measures taken to ensure that public authorities and public institutions do not engage in any act of discrimination
26. In order to stimulate relevant projects which focus on integrating anti-racist work into the various sectors of the municipalities, the Norwegian Directorate of Immigration specified that funds for 1997 would be earmarked for projects that otherwise qualified for funding under the Government's "Innovation and Development Programme".
27. The Norwegian Directorate of Immigration has produced a brochure and distributed it to a total of 3,000 municipal authorities, police stations, schools and NGOs, in order to market the recently formed Interdisciplinary Advisory Group on Community Relations and Anti-Racist Work. (Reference is made to Norway's twelfth and thirteenth periodic reports para. 41; the group was there referred to as an "advisory team to combat racial violence and harassment".) The Advisory Group is made up of 20 professionals who have experience in tackling acute situations where racial violence and harassment appear to be at the root of the problem and/or assisting communities in preventive work of this nature. To a certain extent, these professionals have gained their experience from The "Brummunddal Plan of Action". (Reference is made to Norway's twelfth and thirteenth periodic reports, paras. 25 and 37-41.)
28. The first yearly report by the Norwegian Institute of Urban and Regional Research (NIBR), about the activities of the Advisory Group, was distributed in the spring of 1997 through the Norwegian Directorate of Immigration. This report provides an overview of the incidents that have taken place in Norway during 1996, where the authorities in the local municipalities or section of a city have reported racially motivated incidents or right-wing extremist violence, and where these authorities have employed professional assistance in resolving the conflicts.
29. One outcome of the Advisory Group's work has been the establishment of a network of parents whose children, as young as 13-14 years old, have been recruited to extreme right-wing groups. Experience so far indicates that assisting the parents through support groups and spread of information about how they can get their children out of these environments, will empower them to take positive action on behalf of their children.
Immigration law
30. The court appoints a legal representative when it tries the question of custody pursuant to section 37, subsection 5, of the Immigration Act. (Reference is made to Norway's twelfth and thirteenth periodic reports, paras. 87 and 88.) All asylum-seekers in detention receive an explanation of the reasons for their detention from the police and their legal representative. The asylum-seekers are also informed of their rights and given an opportunity to challenge the lawfulness of their detention.
31. From 1 April until 30 September 1996, a total of five asylum-seekers were arrested and held in custody pursuant to section 37, subsection 5, of the Immigration Act. During the same period, 853 asylum-seekers arrived in Norway. A majority of the asylum-seekers who arrived in this particular period lacked the necessary identity documents or carried fraudulent documents. Only 239 asylum-seekers possessed authentic documents upon arrival in Norway. On 30 September 1996, four persons were being held in custody. Only one person had been held in custody for as long as 12 weeks. From 1995 to 1996 the number of asylum-seekers arrested and held in custody decreased from a total of 50 persons to a total of 25 persons.
32. Concerning paragraph 2 of article 2, reference is made to Norway's previous periodic reports, in particular to the tenth and eleventh periodic reports (paras. 6-22) and to the twelfth and thirteenth periodic reports (paras. 89-111). The following information may be added thereto:
Media in Sami and foreign languages
33. Distributors of film may apply for public funds to finance the adaptation of films for the Sami-speaking part of the population, mainly by providing films with subtitles in Sami. Furthermore, a part of the programme for public funding of film production is earmarked for the production of films in Sami. According to its guidelines, the programme will support at least one film production in Sami annually.
34. In 1996, 4 newspapers addressing the Sami people and 12 papers addressing various immigrant communities received public subsidies.
35. In 1996, the Norwegian Broadcasting Corporation (NRK) broadcast 1,490 hours of radio programmes in Sami, of which 1,359 hours were regional public programmes. In the same period NRK broadcast 27 hours of television programmes in Sami. As of August 1997, NRK will begin to broadcast a weekly television programme for immigrants in Norwegian with programme items in foreign languages. In 1996, NRK broadcast 95 hours of radio programmes in foreign languages (Urdu, Vietnamese, Turkish). This will be somewhat reduced when the mentioned weekly television programme for immigrants starts up.
36. Reference is made to Norway's twelfth and thirteenth periodic reports (paras. 112-114). There are no changes or new developments to report under this article.
38. In the case concerning the relationship between the Penal Code, section 135 (a), and the Constitution, section 100, concerning freedom of speech mentioned in paragraph 120 of Norway's twelfth and thirteenth reports, the leader of a small but registered political party was recently convicted by the Oslo city court on the grounds that the party's programme promoted racial discrimination. The convicted person has appealed to the Supreme Court, and the judgement is not yet final.
40. Concerning subparagraph (e) (iii), a study of the living conditions among eight major immigrant groups, aged 16-70, was conducted in 1996 by Statistics Norway. (Reference is made to Norway's twelfth and thirteenth periodic reports, para. 160.) The persons interviewed have a background from former Yugoslavia (not including Bosnians), Turkey, the Islamic Republic of Iran, Pakistan, Viet Nam, Sri Lanka, Somalia and Chile and have been living in Norway at least two years. Aspects covered in the survey were housing, family, employment, economic situation, working conditions, education, language skills, health, perceived threat of violence, perceived discrimination, social contacts and leisure activities.
41. Results are being compared with results from a similar survey among foreign citizens conducted by Statistics Norway in 1993 and the ordinary standard of living survey 1995. The research objective is to contrast differences in the standard of living among persons of immigrant origin and the majority population and to describe the process of social integration of immigrants over time. The analysis will continue into 1998. The first results of the study show that there is a great variety among and between groups. On average, however, the groups interviewed have a lower income than the rest of the population and they have a higher dependence on social welfare than the majority population. Average income among the persons interviewed is NKr 160,900 (the average income among the majority populations is NKr 221,400); 21 per cent had received social welfare compared with 5 per cent in the majority population. Three out of 10 households were below the low income limit of NKr 52,000. One out of five had experienced discrimination on the housing market and one out of seven had experienced harassment at the work place because of their immigrant background. Persons of immigrant origin did not experience a higher degree of violence and threats than the majority population: 1 out of 14 had experienced violence and threats, about the same as the majority population.
42. In the autumn of 1996 the Oslo Municipal Executive Board submitted a proposal for a plan of action for Oslo inner-city east. These parts of Oslo have a high concentration of persons of immigrant origin. The Government agrees with the proposal's principal strategies for improving the situation in Oslo inner-city east, and intends to cooperate with the local authorities in implementing this plan. The objective of the plan is to give the city's population more equal living conditions and to have as mixed a population as possible in different areas of the city. The most important measures for this involve improving the physical environment, adding more variety to the housing areas, developing industries and improving the services and education offered.
43. In general, people without adequate economic resources to secure housing will be given the necessary economic support to cover housing expenses. According to the Social Services Act, the social service shall further help to provide housing for persons who for different reasons are unable to look after their own interests in the housing market. The social service is obliged to find temporary accommodation for those who are unable to do so themselves. All legal residents will benefit from these general provisions. (Reference is made to Norway's twelfth and thirteenth periodic reports, para. 162.)
44. Concerning subparagraph (e) (v), immigrants, refugees and persons granted a residence permit on humanitarian grounds are offered 500 hours of training in Norwegian. As regards refugees and persons granted a residence permit, the training may be extended to 750 hours. In addition to this, 16- to 18-year-old persons belonging to these two groups who have not been admitted to ordinary school classes are offered tuition in mathematics and the natural sciences. The training and tuition is financed by the Government, but organized and administered by the municipalities. (Reference is made to Norway's twelfth and thirteenth periodic reports, para. 175.)
45. Reference is made to Norway's twelfth and thirteenth periodic reports (paras. 178-182). There are no changes or new developments to report under this article.
46. Reference is made to Norway's twelfth and thirteenth periodic reports (paras.183-200). The following information may be added thereto:
Culture
47. Norwegian cultural policy takes account of the fact that Norway has become a multicultural society. The Ministry of Cultural Affairs regards it as important that cultural life should reflect the fact that large groups of immigrants and refugees have settled in Norway. The Ministry has allocated funds to multicultural activities and to organizations and institutions presenting international culture of the Norwegian public.
48. One important aim of this policy is to combat racism, another to give equal opportunities to people of immigrant origin and refugees to participate in the cultural activities of the welfare State. Immigrants also have the right to maintain their national culture in Norway, and therefore it is essential that they to some extent receive input from their native countries. For this purpose, the Ministry provides grants for cultural events where artists from the immigrants' home countries participate. The meeting of immigrant and Norwegian cultures may also lead to exciting new forms of cultural expression. The Norwegian Council for Cultural Affairs financially encourages cross-cultural artistic cooperation, and funds are earmarked for new measures and trial projects in this field (1997: NKr 2 million). The Norwegian Concert Institute, which is a State institution, has established a centre to promote contact between the musical community of Norway and musicians from countries in the South (1997: NKr 3.5 million). The Norwegian Directorate for Public and School Libraries annually spends NKr 3 million on the purchase of books in immigrant languages for the public libraries.