Committee on the Elimination of Racial Discrimination

Ninety-seventh session

26 November–14 December 2018

Item 4 of the provisional agenda

Consideration of reports, comments and information submitted by States parties under article 9 of the Convention

List of themes in relation to the combined twenty-third and twenty-fourth periodic reports of Norway

Note by the Country Rapporteur

The Committee on the Elimination of Racial Discrimination decided at its seventy-sixth session (see A/65/18, para. 85) that the Country Rapporteur would send to the State party concerned a short list of themes with a view to guiding and focusing the dialogue between the State party’s delegation and the Committee during the consideration of the State party’s report. The present document contains a list of such themes. It is not an exhaustive list; other issues may also be raised in the course of the dialogue. No written replies are required.

The Convention in domestic law and the institutional and policy framework for its implementation (arts. 1, 2, 4 and 6)

1.Measures taken to provide indicators on the ethnic composition of the population, including information on mother tongues, and other indicators of ethnic diversity, and information about descent or national or ethnic origin (CERD/C/NOR/CO/21-22, para. 8; CERD/C/NOR/23-24, paras. 79–83).

2.Measures taken to ensure that all the grounds specified in article 1 of the Convention are covered by the anti-discrimination legal framework (CERD/C/NOR/CO/21-22, para. 10; CERD/C/NOR/23-24, paras. 84–85).

3.The implementation and impact of the Ethnicity Anti-Discrimination Act, and the recently enacted Equality and Anti-Discrimination Act (CERD/C/NOR/CO/21-22, para. 10; CERD/C/NOR/23-24, paras. 84–85).

4.Cases brought before the new anti-discrimination tribunal; information on the considerations to allow the anti-discrimination tribunal and the Ombudsman to grant damages for non-economic losses (CERD/C/NOR/CO/21-22, para. 32; CERD/C/NOR/23-24, paras. 191–192).

5.Updated information on measures taken to reconsider incorporating the Convention into the Human Rights Act of 1999 (CERD/C/NOR/CO/21-22, para. 12, CERD/C/NOR/23-24, para. 86).

6.Activities of the national human rights institution on anti-discrimination issues, and their impact (CERD/C/NOR/CO/21-22, para. 14; CERD/C/NOR/23-24, paras. 87–91).

7.Measures taken to prevent the persistence of hate crimes and hate speech, including on the Internet, against Romani people/Taters, Roma, migrants, Muslims, Jews and Sami; information on the implementation and impact of the 2016–2020 strategy to combat hate speech (CERD/C/NOR/CO/21-22, para. 16; CERD/C/NOR/23-24, para. 92).

8.Measures taken to call upon media professionals and politicians to ensure that their public statements do not fuel intolerance or incitement to hatred (CERD/C/NOR/CO/21-22, para. 16; CERD/C/NOR/23-24, paras. 93–95); provide detailed information on the impact of the campaign to stop hate speech online (CERD/C/NOR/23-24, paras. 102–104).

9.Information including updated statistical data on the registration, and investigations and prosecutions, of cases of hate speech, and on convictions of perpetrators (CERD/C/NOR/CO/21-22, para. 16; CERD/C/NOR/23-24, paras. 96–98).

10.Measures taken by the State party to include information on the prevalence and harmful effects of hate speech in school curricula and teaching materials (CERD/C/NOR/CO/21-22, para. 16; CERD/C/NOR/23-24, paras. 105–110).

11.Updated information on the development of a national system for registering hate crimes and information on awareness-raising campaigns to address underreporting of hate crimes (CERD/C/NOR/CO/21-22, para. 18; CERD/C/NOR/23-24, paras. 111–118).

12.Information, including statistical data, on investigations, prosecutions and convictions of perpetrators of hate crimes; provide further information on the guide for the police on registering hate crimes, prepared by the National Police Directorate (CERD/C/NOR/CO/21-22, para. 18 CERD/C/NOR/23-24, paras. 120–124).

13.Updated information on measures taken to implement all aspects of article 4 of the Convention, specifically measures to declare organizations promoting and inciting racial discrimination to be illegal and prohibited (CERD/C/NOR/CO/21-22, para. 20; CERD/C/NOR/23-24, para. 125).

Situation of the Sami (arts. 2–7)

14.Steps taken to give full effect in practice of the legal recognition of Sami rights to their land and resources; updated information on the follow-up to the legal recognition of Sami land and resource rights outside of Finnmark (CERD/C/NOR/CO/21-22, para. 30; CERD/C/NOR/23-24, paras. 178–179).

15.Updates on measures taken to preserve the land rights of East Sami (CERD/C/NOR/CO/21-22, para. 28; CERD/C/NOR/23-24, paras. 170 and 175–176).

16.Updates on measures taken to put in place consultation procedures with the Sami and with the Sami Parliament, in particular on budgetary issues; updated information on measures taken to guarantee adequate consultation with Sami affected by extractive activities on lands traditionally inhabited by Sami (CERD/C/NOR/CO/21-22, para. 30; CERD/C/NOR/23-24, paras. 180–188).

17.Updates on the implementation of the action plan for Sami languages; measures taken to ensure the fulfilment of mother tongue teaching requirements, specifically with regard to funding (CERD/C/NOR/CO/21-22, para. 28; CERD/C/NOR/23-24, paras. 166–170).

18.Updated information on the Sami Rights Committee’s proposal for rights surveying south of Finnmark; detailed information on the financial resources allocated to the Uncultivated Land Tribunal (CERD/C/NOR/CO/21-22, para. 30; CERD/C/NOR/23-24, para. 189).

19.Updates on the implementation and impact of the national action plan for the implementation of the UN Guiding Principles (UNGPs) of 2015; provide information on legislative measures to prevent companies registered in Norway from carrying out activities that negatively affect the enjoyment of human rights by local communities outside Norway (CERD/C/NOR/CO/21-22, para. 24; CERD/C/NOR/23-24, para. 137).

Situation of the ethnic minorities and Roma (arts. 2–7)

20.Measures taken to develop strategies and policies to prevent the difficulties faced by ethnic minorities, Roma and Taters in gaining access to employment, housing, health-care services and education (CERD/C/NOR/CO/21-22, para. 26; CERD/C/NOR/23-24, paras. 138–143).

21.Measures taken to guarantee equal recruitment processes in employment in the public and private sectors; provide updated information on the implementation of the action plan entitled “We need the skills of immigrants” (CERD/C/NOR/CO/21-22, para. 22).

22.Measures taken to prevent persons from immigrant backgrounds from facing discrimination in employment and housing; measures taken to ensure that persons from immigrant backgrounds are not subjected to ethnic profiling by the police.

23.Detailed information on the school guidance programme for Roma pupils; information on measures to combat hate speech against, and intolerance towards, Roma and Taters; information on measures taken to review the practice of placing Roma children in institutional settings or in the care of welfare services (CERD/C/NOR/CO/21-22, para. 26; CERD/C/NOR/23-24, paras. 156–165).

24.Measures taken to ensure that the constitutional emphasis on Christian values does not impede on the rights of ethnic and ethno-religious minorities in the ability to fully exercise their rights to freedom of thought, conscience and religion.

Situation of non-citizens, including immigrants, asylum seekers and refugees (arts. 5–7)

25.Updated information on measures taken to ensure that persons from immigrant backgrounds have access to employment, housing, health care and basic services, without discrimination.

26.Updated information on the implementation and impact of measures such as the Job Opportunity programme, and the policy entitled “From reception centre to the labour market — an effective integration policy” on increasing the employment of refugees and asylum seekers (CERD/C/NOR/CO/21-22, para. 22; CERD/C/NOR/23-24, paras. 127–132).

27.Updated information on the status of the Interpretation Act (CERD/C/NOR/CO/21-22, para. 38; CERD/C/NOR/23-24, paras. 211–212 and 214).

28.Information on measures to restrict the practice of solitary confinement of migrants and asylum seekers awaiting deportation; provide updated information on the status of the bill to the Storting to amend the rules in the Immigration Act on the use of coercive measures (CERD/C/NOR/CO/21-22, para. 36; CERD/C/NOR/23-24, paras. 204–205).

29.Information on the impact of recent policies, such as amendments in 2015 and 2017 to the Immigration Act, on the ability of asylum seekers to seek asylum in the State party when they have entered through a country in which they were not persecuted.

30.Measures taken to guarantee the right to education to all children, irrespective of their residence status (CERD/C/NOR/CO/21-22, para. 40; CERD/C/NOR/23-24, para. 216).

31.Measures taken to review practices for granting residence permits, to avoid the law having the effect of forcing women victims of domestic violence to stay in abusive relationships; the outcomes of the action plan against human trafficking (CERD/C/NOR/CO/21-22, para. 34; CERD/C/NOR/23-24, paras. 197 and 199–201).