Norway
1. The Committee
considered the fourth periodic report of Norway (CCPR/C/115/Add.2) at
its 1785th and 1786th meetings (CCPR/C/SR. 1785
-1786) held on 19 October 1999 and adopted the following concluding
observations at its 1796th meeting (CCPR/C/SR. 1796) held
on 26 October 1999.
A. Introduction
2. The Committee
welcomes the timely submission of the State party's fourth periodic
report, and its detailed information on laws, other measures, and practices
relating to the implementation of the Covenant. The Committee also appreciates
the further information about developments in the implementation of
human rights in Norway subsequent to the submission of the report. The
Committee expresses its appreciation for the constructive and open dialogue
it had with the Norwegian delegation.
B. Positive aspects
3. The Committee
commends the State party for its generally positive record in the implementation
of the provisions of the Covenant. It notes with appreciation the extensive
legislative activity and other measures that have been taken for the
promotion and protection of rights recognized under the Covenant since
the examination of the third periodic report.
4. The Committee
welcomes the adoption of the Human Rights Act under which the Covenant
has been directly incorporated into the legal system of Norway and the
fact that it prevails over conflicting statutory provisions. (Art. 2)
5. The Committee
also welcomes both the appointment of a new Minister for Development
and Human Rights and the new practice of the Government in presenting
comprehensive annual reports to the Parliament (the Storting) on the
implementation and monitoring of human rights. The Committee looks forward
to receiving information in future reports on the Plan of Action which
is to be forwarded to the Storting on 10 December 1999, and the measures
which will be recommended to further enhance the protection of human
rights in Norway. (Art. 2)
6. While noting
that the unemployment rate for immigrants is still substantially higher
than for the rest of the population, the Committee commends the new
legislation and the Plan of Action, both seeking to promote equality
in the labour market. (Art. 26)
7. The Committee
appreciates the steps taken to increase the number of women in the judiciary,
in politics, and in leading positions both in public institutions and
in the private sector, and other measures taken to combat traditional
gender concentration in certain professions. (Art. 3 and 26)
8. Noting that
the Lund Commission uncovered many instances of unlawful telephone-monitoring,
the Committee welcomes Law No. 73 of 1999 which after its entry into
force on 1 January 2000 will afford the right to compensation to victims,
and a general right to seek information about oneself contained in the
records and registers of the Police Security Service. (Art. 17)
9. The Committee
commends the State party for the new system which was implemented in
1998 with regard to the issue of questioning of child victims of sexual
abuse in judicial proceedings. (Art. 14 and 24)
10. The Committee
takes note of the positive developments in the field of protecting and
promoting the human rights of members of the Sami indigenous people,
including the strengthening of the Sami Parliament, measures aimed at
promoting the Sami language, transfer of certain cultural institutions
to the Sami themselves, as well as the ongoing legal reform related
to lands and resources in Finnmark and other areas with a Sami population.
The Committee welcomes the developments to ensure full consultation
with the Sami in matters affecting their traditional means of livelihood.
(Art. 1 and 27)
C. Principal subjects of concern and recommendations
11. The Committee
notes with concern that pre-trial detention in some cases is used for
excessive periods of time. The Committee is also concerned at the extent
to which the liberty of persons may be withdrawn by administrative detention.
The Committee recommends that the enabling legislation and practice
be reviewed with regard to both pre-trial and administrative detention,
with a view to guaranteeing full compliance with all provisions of article
9 of the Covenant.
12. The Committee welcomes
the partial withdrawal of the reservation to article 14, paragraph 5,
but recommends that the State party consider a complete withdrawal.
13. The Committee
reiterates its concerns over section 2 of the Constitution which provides
that individuals professing the Evangelical-Lutheran religion are bound
to bring up their children in the same faith. Its inclusion in the Constitution
is incompatible with the Covenant. The Committee therefore recommends
that section 2 is modified to comply with article 18 of the Covenant.
14. The Committee
recommends early action to review and reform laws relating to criminal
defamation. (Art. 19)
15. With reference to the
information in the report about alleged lack of proper reaction from
law enforcement officials in cases of racial discrimination, the Committee
recommends that the situation be thoroughly analysed and requests that
further information be made available. (Art. 26)
16. The Committee remains
concerned that while legislative reform work in the field of Sami land
and resource rights is in progress, traditional Sami means of livelihood,
falling under article 27 of the Covenant, do not appear to enjoy full
protection in relation to various forms of competing public and private
uses of land. Lawsuits by private landowners leading to judicial prohibition
of reindeer herding and high legal costs for the Sami are a particular
concern in the absence of satisfactory legal aid.
17. As the
Government and Parliament of Norway have addressed the situation of
the Sami in the framework of the right to self-determination, the Committee
expects Norway to report on the Sami people's right to self-determination
under article 1 of the Covenant, including paragraph 2 of that article.
D. Dissemination of Information about the Covenant (article 2)
18. The Committee
requests that Norway's fifth periodic report be submitted by October
2004. That report should be prepared in accordance with the revised
Guidelines adopted by the Committee (CCPR/C/66/GUI/Rev.1) and should
give particular attention to the issues raised in these concluding observations.
The Committee requests that these concluding observations and the next
periodic report be widely disseminated in Norway.