Human Rights Committee

101st session

New York, 14 March-1 April 2011

List of issues to be taken up in connection with the consideration of the sixth periodic report of Norway (CCPR/C/NOR/6)

Constitutional and legal framework within which the Covenant is implemented (art. 2)

1.Please provide information on how the follow-up mechanism is operating, for instance regarding the implementation of the latest concluding recommendations of the Committee (CCPR/C/NOR/CO/5).

Non-discrimination, equality between men and women (arts. 2, para. 1, 3 and 26)

2.According to information before the Committee, women are underrepresented in both public and private sectors, especially in decision-making positions. Furthermore, stereotypical cultural attitudes still persist, which are reflected in particular in the position of women in the labour market where, on average, women earn 15 per cent less than men per hour. Please indicate all steps being taken to implement the recommendations of the Commission referred to in paragraph 26 of the report to address the discrepancies.

3.Please provide information on the measures taken pursuant to the research recommendations, as referred to in paragraphs 254-260 of the sixth periodic report, relating to the alleged discriminatory police stops of persons based on their apparent ethnic origin. Furthermore, please state the measures taken to deal with the alleged discrimination faced by persons with immigrant backgrounds, particularly in the areas of housing and labour.

Right to life and prohibition of torture and cruel, inhuman or degrading treatment (arts. 6 and 7)

4.Please explain the measures taken to combat murders and suicides by psychiatric patients. Furthermore, what measures have been taken to ensure that the use of unjustified coercive force on persons with mental disabilities in mental-health-care institutions is eliminated? Please provide data on the measures taken to (a) investigate the use of coercion and restraint, and (b) prosecute, and if convicted, punish the alleged officers that use unjustified coercive force on persons with mental disabilities.

5.According to information before the Committee, there is a significant incidence of rape, and domestic violence against women and children leading to deaths, in the State party. According to a survey carried out in 2005, approximately 9 per cent of women over 15 years of age have been victims of severe violence from their current or former partner once or more in the course of their lives. Please provide information on the practical steps taken to combat domestic violence, such as awareness-raising campaigns, and training for the police, prosecutors, judges and health officers. In addition, please provide information on: (a) the number of complaints received; (b) investigations carried out; (c) the types of penalties imposed; (d) compensation awarded to the victims; and (e) the number of safe shelters that have actually been built in every county, and any other resources allocated to assist victims of domestic violence.

6.Please provide data on the extent of the problem of female genital mutilation (FGM) and forced marriages. Please also explain how the recently revised penalties on FGM offences would affect the incidence of FGM and forced marriages? What measures have been taken to ensure that cases of FGM and forced marriages are effectively investigated and perpetrators prosecuted and sanctioned?

7.According to information before the Committee, many children are exposed to violence and neglect in the State party. Furthermore, it is alleged that the Government does not conduct mandatory death-scene investigations in cases where a sudden death of an infant is reported. Please explain the measures taken to protect children from violence and neglect. Please also state the measures taken to ensure that in every case of a child’s sudden death, an investigation is conducted to establish the cause of death.

8.Please explain the measures taken to ensure that the invocation of the Dublin II Regulation does not lead to the return of individuals to countries whose asylum procedures run the risk of refoulement contrary to the rights protected under the Covenant.

9.Please provide information on measures taken to confront the alleged frequent use of measures of restraint during the execution of sentences.Please also provide updated information on: (a) the investigations and number of complaints received by the Norwegian Bureau for the Investigation of Police Affairs against law enforcement and detention personnel related to incidences of abuse and ill-treatment; (b) the type of charges brought against law enforcement officers; (c) the number of cases dismissed and the reasons for their dismissal; (d) the number of officials disciplined and the sanctions imposed; and (e) practical measures taken for the rehabilitation and compensation of victims of ill-treatment.

Elimination of slavery and servitude (art. 8)

10.Please provide data on human trafficking, disaggregated on the basis of gender, age and country of origin, as well as information on the number of prosecutions, convictions and sentences imposed on convicted perpetrators, and any measures taken on the compensation and rehabilitation of the victims.

Right to liberty and security of person, treatment of persons deprived of their liberty and fair trial (arts. 9, 10 and 14)

11.According to information before the Committee, there is an increase in the number of accused persons who spend between 15 and 29 days in pretrial detention. Furthermore, there is a persistent use of solitary pretrial confinement. Please explain the steps being taken to reduce the time spent during pretrial detention, and the use of solitary pretrial confinement.

12.Please state whether the State party intends to withdraw its reservation under article 10, paragraphs 2 (b) and 3, so that juveniles can be segregated from adult prisoners. If not, what measures is the State party taking to ensure that juveniles who are serving their sentences together with adult prisoners are protected from violence and sexual abuse?

13.It is alleged that the police have the power not to disclose certain pieces of evidence and information to the defence. Please explain how this practice complies with the provisions of the Covenant.

14.According to information before the Committee, the income threshold for legal aid eligibility is very high, and its calculation is based on income indicators that run the risk of excluding legitimate indigent litigants. Furthermore, it is reported that legal aid is seldom granted to asylum-seekers who attempt to bring their cases to court. Please describe how the legal aid scheme is structured, and explain its accessibility and effectiveness.

Freedom of religion and equal protection, freedom of expression, and incitement to violence (arts. 18, 19, 20, para. 2, 25 and 26)

15.Please provide up-to-date information on the status of the proposed amendments to the Elections Act, which seek to guarantee listed candidates the right to be exempted from the duty to stand in an election if they are not members of a political party and to declare that the political view of the list contradicts their political opinion.

16.According to information before the Committee, the State party’s electoral dispute resolution regime does not involve the judiciary, as disputes are dealt with by the Ministry of Local Government and Regional Development with no right of appeal to any court. Please explain the steps that have been taken, if any, to implement the recommendations by the Organization for Security and Cooperation in Europe on the State party’s election dispute resolution mechanisms.

17.Please comment on allegations to the effect that certain forms of expression in violation of article 20 of the Covenant are not prohibited by law. Please comment also on allegations that there is an incidence of hate speech against the Sami people, as well as anti-Semitic, Islamophobic and xenophobic statements.

Protection of the family and minors (arts. 23 and 24)

18.Please explain how the current amendments to the Immigration Regulations providing new conditions on residence permits and family reunification are consistent with the rights guaranteed under the Covenant, in particular with respect to the right of persons to marry and found a family.

19.Please explain the measures taken to provide unaccompanied minor asylum-seekers with care, in the light of the fact that the duty of care has been taken away from the child welfare services. Furthermore, please explain the measures that have been put in place to ensure that the best interests of the child are taken into account whenever a decision to deport his/her parents is being made by the authorities.

Rights of persons belonging to minorities (art s . 26 and 27)

20.Please provide information on measures taken to eliminate discrimination and the social exclusion of persons belonging to ethnic and national minorities, in particular the Roma and Romani/Tater peoples, in the fields of employment, education, and housing. Please state the practical measures taken to deal with the critical shortage of teachers and teaching resources in the Sami and Kven languages.

21.Please explain the measures that have been taken to protect the Sea Sami people following the report issued by the Commission on fishing rights for the Sami people and other citizens, which, inter alia,recommended that the State party take legislative measures to protect their rights. Furthermore, please specify the recommendations that have so far been implemented since the publication of the said report.