IHF REPORT 2006 NORWAY 291 Tody in 2005 for an Average of 63 Days

NORWAY* 289

IHF FOCUS: elections; torture and ill treatment; conditions in prisons and detention facilities and detainees’ rights; freedom of religion and religious tolerance; national and ethnic minorities (indigenous peoples); equal rights of women and men; racism, xenophobia and hate speech; migrants, asylum seekers and refugees; trafficking in human beings.

The Constitution of Norway (section ly ill prisoners.1 The European Committee 110 c) and the 1999 Human Rights Act for the Prevention of Torture and Inhuman oblige the authorities to respect and safe- or Degrading Treatment or Punishment (the guard human rights. Norway has ratified CPT) visited Norway from 3 to 10 October major international human rights instru- 2005. Among other things, it criticized the ments and established important mecha- fact that many prisoners were held in soli- nisms to protect human rights such as om- tary confinement without court approval.2 budsmen institutions and free legal aid The number of persons filing asylum schemes. In 2005, a new ombudsman for applications continued to decrease, while equality and anti-discrimination was estab- the number of persons granted protection lished and new anti-discrimination legisla- remained relatively stable. Human rights tion entered into force. and refugee organizations criticized the au- Promotion of human rights worldwide thorities for restrictive practices with re- was a main priority of Norwegian foreign gards to granting asylum and other forms policies. The Ministry of Foreign Affairs con- of protection, and for certain aspects of the ducted human rights dialogues with coun- treatment of asylum seekers and rejected tries with poor human rights records such asylum seekers. as China, Vietnam and Indonesia, and was Elections to the Norwegian parliament actively involved in efforts to strengthen hu- (Storting) were held on 12 September man rights mechanisms within the UN and 2005. A red-green coalition consisting of other intergovernmental organizations. the Labor Party, the Socialist Left Party and Overall human rights were an integral the Center Party won the elections, defeat- part of Norwegian legislation and policies. ing a coalition of center-right parties. It sub- However, media and NGOs devoted con- sequently formed a new government. An siderable attention to deficiencies in the international election observation team in- existing level of protection, such as short- vited by the NHC and the Norwegian Insti- comings related to detainees’ rights; free- tute of International Affairs concluded that dom of religion and religious tolerance; the elections were free and fair. protection of ethnic and national minorities; protection against racism, intolerance Elections and xenophobia; protection of asylum For the first time ever, an international seekers and immigrants; and equal rights monitoring team observed the conduct of of women and men. elections in Norway during the September The Norwegian Helsinki Committee parliamentary elections. A total of 29 elec- (NHC) and other human rights organizati- tion experts and human rights activists ons expressed particular concern about the from nine countries of the Commonwealth lengthy duration of solitary confinement in of Independent States (CIS) monitored remand custody, inhuman conditions in po- the voting in a total of 106 polling stations lice cells, inadequate treatment of particu- in six different municipalities and the vote larly vulnerable individuals in remand cus- count in 14 polling stations or municipal tody, and inadequate health care of mental- election boards. The observation was

* As reported by the Norwegian Helsinki Committee (NHC, IHF member) to the IHF, March 2006. 290 NORWAY based on the methodology and standards use of evidence obtained under torture in of the Organization for Security and Co- criminal cases in Norway. On 8 December operation in Europe (OSCE). 2005, the UK House of Lords overturned As the monitoring team was relatively the court of appeal ruling and determined small and only observed proceedings on that evidence obtained through torture election day, its conclusions cannot be was not be admissible in British courts.5 considered comprehensive. According to The new center-left government that the observers, the elections were conduct- took office in October 2005 announced ed in an atmosphere of trust between the plans to intensify its international efforts to voters and the authorities and against the counteract erosion of the prohibition background of a long tradition of demo- against torture. According to Foreign Minis- cratic elections in the country. However, ter Jonas Gahr Støre, the fight against ter- certain elements of the voting process rorism cannot legitimize use of interroga- were criticized, such as an unclear proce- tion methods amounting to inhuman treat- dure for identifying voters, ballot boxes ment or torture. The government also sup- that were not always sealed and incom- ported calls for the closure of the US pri- plete regulations concerning the storage of son camp at Guantánamo Bay. ballots. The observers concluded that al- Human rights groups advocated that though no attempts at abuse were ob- safeguards against torture be made a pre- served, a clarification of the election legis- condition for Norwegian participation in in- lation would serve to enhance the security ternational military operations. According to of the election process and set a good ex- the government, issues related to the pre- ample for other OSCE states.3 vention of torture and other forms of abuse of detainees were addressed in contacts Torture and Ill-Treatment4 with counterparts in international ope- Norway’s International Role in Fighting rations, in particular the US and the UK. It Torture and Ill-treatment did, however, not deem it appropriate to Human rights NGOs continued to call impose requirements as to specific safe- on the Norwegian government to step up guards. In a statement published in Sep- its efforts to ensure respect for the prohi- tember, Amnesty International Norway clai- bition against torture and ill-treatment, as med that Norwegian authorities accepted well as for the rights of detainees, at the in- US violations of international human rights ternational level. and humanitarian law, as well as contribu- In 2004, the NHC asked Norwegian tions by Norwegian forces to such viola- authorities to file an interstate complaint tions, within the framework of the “Ope- 6 with the UN Committee against Torture for ration Enduring Freedom” in Afghanistan. a review of a British Court of Appeal ruling, In November, the new government stated which maintained that evidence obtained that it would withdraw all Norwegian troops under torture in third countries could be participating in this operation and limit used in terrorism cases, provided that the Norwegian presence in Afghanistan to the 7 UK government had neither procured the NATO led stabilization force (ISAF). torture nor connived at it. The then Norwe- gian prime minister responded that Nor- Conditions in Prisons and Detention way would not file a complaint until the Facilities and Detainees’ Rights highest UK court had dealt with the case, Pre-Trial Detention and referred to a decision by the Norwe- According to official information, gian prosecutor general that prohibited the 3,169 persons were held in remand cus-

HUMAN RIGHTS IN THE OSCE REGION IHF REPORT 2006 NORWAY 291 tody in 2005 for an average of 63 days. However, the CPT criticized the fact Among those released from remand cus- that those held in police custody were only tody during the year, there were 52 per- allowed to have access to a lawyer after sons who had been detained for more being questioned by police or even later, than 365 days and five persons who had when brought before a judge. The CPT been detained for 730 days.8 found material conditions in police custody The maximum time limit for police de- to be “generally adequate,” but criticized tention without a court decision was 72 the fact that no food was served during the hours, and after a court had sanctioned re- first eight hours of police custody and that mand detention a person could be held detainees held overnight were not always another 24 hours in police custody before given blankets. It also expressed concern being transferred to a remand custody fa- that agitated detainees were sometimes cility (the so-called 24 hour rule). Hence, a shackled to cell walls with metal rings.10 person could legally spend a maximum of Moreover, the CPT voiced serious con- 96 hours in police detention. cern that many detainees – both remand de- The 24-hour rule was considered im- tainees and inmates serving prison sen- portant to prevent detainees from being tences – were held in solitary confinement subject to pressure. According to the merely on the basis of a decision by prison Norwegian Bar Association, detention in authorities. During its visit to Norway, the CPT police custody for several days often influ- met several detainees who had been held in enced statements made during interroga- isolation for more than 18 months, some of tion. For example, detainees made state- whom displayed symptoms such as anxiety, ments that they thought would please the sleeping problems and depression.11 police officers interrogating them in the A total of 39 minors were held in re- hope that this would result in their release mand custody during the year, and nine or improvement of their detention condi- minors spent more than 60 days in pre-tri- tions. When later confronted with such al detention. In a March letter to the CPT, statements during court hearings, remand the Ombudsman for Children expressed prisoners often retracted their claims. concern that imprisonment substitutes In practice, the 24-hour rule was fre- were rarely employed in the cases of juve- quently violated and a substantial number nile offenders, and that juveniles were typ- of detainees were held in police cells for ically remanded together with adults. The many days. Statistics provided by the ombudsman questioned whether current Ministry of Justice and the police showed, practice was in accordance with the UN however, that the number of violations of Convention of the Rights of the Child. The the 24-hour-rule decreased substantially in ombudsman pointed in particular to a case 2005. Thus, while 406 violations of the where a 15 year-old boy was remanded in rule were registered in 2004, this number custody from 30 August 2004 until the had decreased to 251 in 2005. Out of commencement of his trial on 5 January those held for more than 24 hours, 18 2005. In this case, the judge had stated were held for more than five days, four for that “persons of such a young age” should more than six days and one for more than not be remanded in prison facilities. seven days. In the preliminary observa- However, he still sanctioned the boy’s de- tions published following its October visit, tention, arguing that there were “no suit- the CPT noted “some improvement” re- able, secure alternatives.”12 garding implementation of the 24-hour Foreign nationals could be remanded rule.9 in custody on suspicion that they had pro-

IHF REPORT 2006 HUMAN RIGHTS IN THE OSCE REGION 292 NORWAY vided false information about their identity, Moreover, human rights organizations and there was no maximum time limit as voiced concern that the quality of health to the period they could be detained. At care services varied between prisons de- least one foreign national had been re- pending on the economic situation of the manded for more than one year, which municipality in charge of providing the ser- gave rise to concerns about violation of ar- vices. Generally health care services were ticle 5 of the European Convention on Hu- of higher quality in high security prisons man Rights (ECHR), which protects the lib- than in regular prisons and larger prisons erty and security of a person. The CPT ex- often had a higher proportion of health pressed concern about the treatment of care staff than smaller prisons. Prisons with foreign inmates who did not speak Norwe- a high security level often had health care gian or English, in particular with regard to personnel available 24 hours a day, which their contacts with the outside world and was not the case in other prisons. 13 the information they received. Regarding health care for people held in police custody, the CPT criticized the fact Health Care that police officers occasionally rejected re- The NHC and other human rights or- quests from detained persons to have ac- ganizations voiced concern about inade- cess to a doctor and that persons arrested quate health care of detainees, in particu- for short periods of time (for up to four lar mentally ill persons.14 A 2004 research hours) did not have access to a doctor at report concluded that the health of prison- all.17 ers was worse than that of the rest of the The authorities sought to implement a population, both in terms of physical and zero tolerance policy regarding the use of mental health. It showed that the occur- drugs in prisons. An often-used sanction rence of mental problems was three times was to deny convicts who were found to higher among male prisoners (27% of all use drugs of the opportunity to engage in prisoners) than among the population at leisure activities during their spare time. The large, and four times higher among female prisoners (39% of all prisoners).15 policy of Oslo prison, where 80% of all pri- The NHC considered it a case of con- soners reportedly used narcotics, was to cern that no systematic study of the condi- gradually introduce harsher sanctions if a tions of prisoners with mental health prob- prisoner continued to violate drug regula- lems had been undertaken and empha- tions after first being caught doing so. For sized that accurate information was need- example, as a second step, a convict could ed to ensure that this category of prisoners lose the right to have a TV set in his or her received the treatment they needed. cell. The NHC expressed concern that The CPT expressed serious misgivings health aspects typically were neglected about the treatment of prisoners with when prison rules on drug abuse were en- mental problems at Trondheim prison. It forced. It pointed out that many prisoners noted that the high prevalence of mental who were drug addicts also had mental disorders within the prison population – problems and that these problems were more than 50% of all inmates were on likely to deteriorate if the prisoners were de- psychotropic medication – would call for nied the right to engage in leisure activities. the regular presence of a psychiatrist, in Experts on drug addiction also criticized the particular since restraint methods were oc- fact that detainees were deprived of drugs casionally used. It also expressed concern without receiving proper treatment. that no nurses were present in the prison An especially strict prison regime, in- on weekends and at night.16 volving a considerable degree of isolation,

HUMAN RIGHTS IN THE OSCE REGION IHF REPORT 2006 NORWAY 293 continued to be enforced for persons con- Freedom of Religion and Religious victed of involvement in organized crime. Tolerance As a result, the prevalence of mental prob- In 2004 the UN Human Rights Com- lems among such prisoners reportedly mittee criticized the mandatory school grew. While acknowledging that it may be subject of “Christian Knowledge and Reli- warranted to limit certain rights of those gious and Ethical Education” (CKREE) for convicted for organized crime, the NHC violating article 18 (14) of the International and other human rights organizations em- Covenant on Civil and Political Rights (IC- phasized the importance of developing CPR), which protects the right of parents to prison regimes so as to ensure that they ensure the religious and moral education did not contribute to mental health prob- of their children in conformity with their lems. own convictions. CKREE, which was introduced in 1997, had a Christian orientation Detention in Psychiatric Institutions but was supposed to be non-partisan. The number of involuntary psychiatric Non-Christian students were only allowed hospitalizations in Norway was high com- exemption from certain parts of the edu- pared to other European states.18 A major cation. underlying reason was lack of resources In response to the criticism expressed for voluntary treatment of mentally ill per- by the UN Human Rights Committee, the sons within the health care system. Hence, Norwegian government initiated a review many people were denied treatment in of the controversial subject. New rules that early phases of illness, only to be hospital- entered into force in August 2005 abol- ized involuntarily when their condition had ished the previous requirement that teach- deteriorated. ing of CKREE be based on the so-called Research indicated that a considerable Christian object clause, which is laid down part of those involuntarily hospitalized by article 1(2) of the Norwegian Education were people from a difficult socio-eco- Act and provides that education shall be nomic background, and great differences carried out in accordance with the basic between hospitals in terms of the number values of Christianity. Under the new rules, of involuntarily hospitalized patients sug- Christianity was to remain the primary fo- gested that attitudes among local health cus of the instruction, but more attention care personnel played an important role in was to be given to non-Christian religions the resort to this form of treatment. and ideologies. New guidelines for teach- Experts voiced concern that local govern- ing methods were introduced to limit the ments did not provide adequate support, possibility that the education be perceived including in terms of housing, to persons to be confessional, and teachers were told released from involuntary hospitalization. to exercise care when employing teaching The CPT criticized the fact that methods that resemble preaching or reli- Norwegian police officers routinely hand- gious practice. The new rules also made it cuffed, and even ankle-cuffed, persons easier for parents to file applications for ex- who were due to be forcibly treated in psy- emption from CKREE for their children. chiatric institutions, even when the per- The government was criticized for fail- sons in question did not offer any resist- ing to address all the points made by the ance. The committee concluded that this UN Human Rights Committee when intro- practice “criminalizes and stigmatizes the ducing the new rules. The Norwegian patient, and is often unnecessary from a Humanist Association concluded that the security point of view.”19 changes were “mainly cosmetic” and ex-

IHF REPORT 2006 HUMAN RIGHTS IN THE OSCE REGION 294 NORWAY pressed particular disappointment about al peoples in independent countries (ILO the fact that the right to exemption from Convention No. 169 of 1989) in 1990. CKREE remained limited. In an alternative report submitted to the UN Human Rights The Sámi Committee in September 2005, a num- An estimated 45,000 Sámi lived in ber of human rights organizations noted Norway. Norway’s international obligations that although the specific requirement to toward the Sámi were based on ILO teach CKREE in compliance with the Convention No. 169. Also, section 110a of Christian object clause of the Education the Constitution stated that: “it is the re- Act had been abolished, the fact that this sponsibility of the authorities of the State clause remained in force meant that there to create conditions enabling the Sámi was a continued requirement for schools people to preserve and develop its lan- to ensure that the teaching of all compul- guage, culture and way of life.” sory subjects – including CKREE – had the The Sámi population participated aim of ensuring a Christian upbringing of freely in national political processes and students. The organizations therefore ad- since 1989 have elected their own con- vocated that the Christian object clause be stituent assembly, the Sámeting. A deputy abolished, along with a similar provision minister of the ministry of local govern- included in the Norwegian Preschool ment and regional affairs was in charge of Act.20 Sámi issues and a Resource Centre for the Following the September parliamen- Rights of Indigenous Peoples worked to in- tary elections, the NHC engaged in a decrease information about the rights of the bate in the media concerning a constitu- Sámi and other indigenous peoples. The right to ownership of land and wa- tional requirement that more than half of ter resources of the Sámi people remained the cabinet members belong to the controversial. This was particularly due to Lutheran State Church.21 The committee the mixed population of the Finnmark called for a revision of this provision, argu- County, where the Sámi primarily resided. ing that it was not in line with the interna- In June, the parliament adopted the tionally protected right to freedom of reli- Finnmark Act to regulate the management gion. The Norwegian Centre for Human of resources in the county. The act trans- Rights at the University of Oslo supported ferred ownership of 96% of the territory of this position. the county from the state to an independent council, the Finnmark Commission, National and Ethnic Minorities consisting of representatives from the The following groups had been offi- Sámeting, the elected assembly of the cially recognized as national minorities in Finnmark County, and the state. This com- Norway: Jews, Kven (people of Finnish de- mission was to handle controversial issues scent living in northern Norway), Roma/ regarding resource ownership. When con- Gypsies, Romani people/Travelers and sidering Norway’s fifth periodic report un- Skogfinn (people of Finnish descent living der the ICCPR, the UN Human Rights in southern Norway). The Sámi people Committee pointed to a number of defi- have the status of an indigenous people. ciencies of the Finnmark Act and asked the Norway ratified the Council of Europe Norwegian government to clarify these. Framework Convention for the Protection of The UN Human Rights Committee also National Minorities in 1999 and the ILO asked the Norwegian authorities to provide Convention concerning indigenous and trib- more information on the situation of the

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East Sámi people,22 who according to an were women. This figure had increased alternative report submitted by a number from 9% in 2003, when the issue of un- of human rights NGOs were not able to der-representation of women on boards enjoy their culture in accordance with arti- first became the subject of media focus. cle 27 of the ICCPR.23 There was, however, still a long way to go The government proposed to grant to reach the level of 40% of women, NOK 7 million (approximately EUR 1 mil- which will be required as of 2008 under a lion) in support of Sámi culture in 2006. new law on gender equality that entered However, no special funding was made into force on 1 January 2006. As of early available to support East Sámi culture. 2006, 244 companies still had no female board members at all.26 The Roma Minority Women’s representation in the Nor- On 4 April, the parliament adopted a wegian Parliament (Storting) remained system of reparations for past human high also after the September elections, or rights violations of persons belonging to 37.9%.27 the Romani people in Norway. The system provided for reparations also in cases Domestic Violence when a violation was in agreement with During the year, the results of a survey existing law, or regarded as an acceptable about the use of physical violence in cou- policy, at the time when it took place. In ple relationships were published. One cases where the applicant experiences dif- fourth of the women surveyed, and one ficulty providing the necessary documenta- fifth of men, reported that they had been tion of the violation, emphasis will be giv- subject to physical force by their partners en to personal statements.24 Past human since the age of 15. About 5% had had rights violations of the Romani community such an experience in the past 12 in Norway include forced sterilization of months.28 women, lobotomies and forced separation According to a study published by of children from their parents. Amnesty International Norway, insufficient The government also allocated NOK 75 million (about EUR 9.5 million) to a measures were taken to prevent domestic foundation to support Romani culture. violence, and to assist victims of such vio- According to a report commissioned lence, at the local level. The organization by the Ministry of Children and Equality, called on all local authorities to document the Roma was the national minority group the extent of the problem of domestic vio- that was the least integrated into Nor- lence within their territories, to elaborate wegian society and the one that most fre- action plans to combat the problem and to quently experienced racism.25 ensure that victims of domestic violence The government decided to allocate have access to adequate assistance.29 NOK 2 millions (approximately EUR In recent years, Norwegian authorities 250,000) to improve the situation of have sought to strengthen protection of schoolchildren of Roma background in women through several initiatives, includ- 2006. These funds were intended to sup- ing a 2004-2007 plan of action to counter port Roma children with particular needs. domestic violence, female genital mutila- tion and forced marriages. Human rights Equal Rights of Women and Men organizations, however, voiced concern Women’s Representation about the lack of concrete measures to As of the end of 2005, 18% of all prevent violence in close relationships in board members in Norwegian companies this plan.

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Racism, Xenophobia and Hate Speech row majority of the Supreme Court judges There was limited systematic data held that penalizing public approval of about racial discrimination in Norway. Nazism would be incompatible with the However, available reports indicated that right to freedom of speech. The majority of such discrimination remained widespread, judges acknowledged that Sjoelie’s speech in particular in the labor and housing mar- contained derogatory and offensive re- ket. At the end of the year, the unemploy- marks, but noted that he did not make any ment rate among immigrants residing in actual threats or give any instructions to the country was 9.9% compared to 3.7% carry out any particular actions. The among the population as a whole. The un- Supreme Court’s decision was criticized by employment rate for immigrants of African human rights and anti-racist organizations. origin was the highest, or 19.3%. The Jewish community of Oslo and Trond- Complaints related to the labor market heim and the Norwegian Antiracist Centre constituted the largest category of com- communicated the case to CERD in June plaints filed with the Centre against Ethnic 2003. For the first time, SMED chose to 33 Discrimination (SMED), an independent support such a complaint. SMED argued but government funded institution, and ap- that there had been an imbalance be- proximately half of these complaints were tween two fundamental rights in the Sup- considered on grounds of discrimination. reme Court’s decision, namely freedom of On a positive note, the parliament speech and the right to protection against adopted new legislation prohibiting dis- racist expressions. By raising the Sjoelie crimination based on ethnicity and religion. case before CERD, it sought to “contribute Also, amendments to section 135 a of the to the strengthening of the protection penal code and section 100 of the consti- against hate speech – and the responsibil- tution were adopted in order to bring ity freedom of speech entails – in Norwe- 34 Norwegian law in compliance with interna- gian law.” In its decision of 15 August tional standards in terms of hate speech 2005, CERD concluded that the Supreme and freedom of expression.30 A new om- Court ruling violated article 4 (prohibition budsman for equality and anti-discrimina- against racist propaganda) and 6 (the right tion was established to promote equality to effective protection and remedies) of and combat discrimination on the basis of the UN Convention on the Elimination of 35 gender, ethnic origin, sexual orientation, All Forms of Racial Discrimination. It rec- disability and age. This office replaced ommended Norway to take measures to SMED as of 2006. ensure that safeguards for freedom of It was expected that an August deci- speech included in Norwegian law do not sion by the UN Committee on the Elimina- protect statements such as those made by tion of Racial Discrimination (CERD) in the Sjoelie. so-called “Sjoelie case” would have important implications for state policies on hate Migrants, Asylum Seekers and speech.31 Refugees N A Supreme Court ruling of 17 Decem- A total of 5,366 asylum applications ber 2002 acquitted neo-Nazi leader Terje were registered in 2005, which represent- Sjoelie of violating penal code section ed a decrease of 33% from 2004 (7,950 135a, which prohibits racist expressions.32 applications) and 66% from 2003 Sjoelie had been brought to court for a (15,613).36 The largest numbers of asylum speech held in 2000, in which he comme- seekers originated from Iraq (661), morated Nazi leader Rudolf Hess. A nar- Somalia (661), the Russian Federation

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(542), Serbia and Montenegro (466) and regions. Hence, the Norwegian govern- Afghanistan (461). ment disregarded a request from the UN- A total of 2,480 persons were granted HCR to refrain from returning persons to asylum or a residence permit on protection Southern Somalia40 and rejected asylum grounds or for humanitarian reasons. This seekers from Southern Iraq and Afghanis- represented a recognition rate of 45%, tan contrary to UNHCR recommendations. which was an increase of 5% compared to A number of applicants belonging to eth- 2004, and 16% compared to 2003. Out of nic minorities in Kosovo were rejected with the total number of applicants, 10% were reference to the so-called internal protec- granted asylum, 16% protection status, tion alternative in Serbia and in several and 19% residence permits for humanitar- cases ethnic Chechen asylum seekers ian reasons. In addition, Norway received were rejected on the grounds that they 898 refugees on the basis of a special quo- could re-settle in other regions of the ta agreement with the UN High Russian Federation. However, according to Commissioner for Refugees (UNHCR). The the UNHCR, both of these groups should total number of persons granted protection be considered in need of international pro- in Norway in 2005 was thus 3,378, which tection. The NHC also criticized Norwegian was slightly lower than in 2004. authorities for deporting Chechen asylum The Directorate of Immigration (UDI) seekers to other parties of the Dublin claimed that the major reasons for the Convention with weak or over-burdened substantial decrease in the number of asy- asylum systems. lum seekers registered in Norway included In one case disregard of UN recommendations had fatal consequences: fewer armed conflicts near Europe, a more rapid processing of asylum applications as N In early 2005, a six-year-old, seriously well as cooperation with other European handicapped and sick child died after be- countries on the basis of the Dublin Con- ing returned from Norway to Kosovo. Nor- vention.37 The decrease was also attributed wegian health personnel had warned that to information campaigns targeted at so- returning the child may have grave conse- called “unfounded asylum applicants” in quences for her health. Upon the child’s Eastern Europe.38 return to Kosovo, the UN Administration in Moreover, according to the Norwegian Kosovo (UNMIK) appealed to the Norwe- immigration authorities, the fact that the gian authorities to take her back to Norway rate of recognized asylum applications had due to lack of proper treatment opportuni- increased reflected a trend in which a ties in Kosovo. This request was, however, growing number of applicants were in dismissed and the child died shortly there- need of protection and showed that imple- after. mentation of the new asylum system intro- In another case involving two Chechen duced in 2003 was successful.39 However, asylum seekers, there was, however, a the Norwegian Organization for Asylum positive development: Seekers (NOAS) found that asylum poli- N The Norwegian Immigration Appeals cies had become increasingly restrictive in Board (UNE) granted protection to Toita recent years. Asjgirieva and her husband Isa Isayev,41 Human rights and refugee organiza- whose applications were rejected by UDI tions, including the NHC, were particularly in 2004. The NHC and other human rights concerned that Norwegian authorities dis- organization had criticized the decision by regarded UN protection guidelines with re- the UDI for violating UNHCR guidelines as spect to asylum seekers from a number of well as Norway’s asylum principles.

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It remained of concern that only scarce to Norway, the CPT also expressed concern resources were allocated to the care of un- about the conditions at this center, including accompanied asylum-seeking children. The the lack of activities for those held at the UN Committee on Economic, Social and center for prolonged periods of times.45 Cultural Rights and the UN Committee for A new law on foreigners was prepared the Rights of the Child both expressed con- during the year and was the subject of cerned about the lack of adequate treat- public discussion. The NHC called for a ref- ment of minor asylum seekers suffering erence to be included in the law about the from trauma or disease.42 The latter also ex- right to protection of persons fleeing inter- pressed concern that many asylum-seeking nal armed conflicts. It also demanded that children disappeared from reception cen- clear criteria be developed for the use of ters, rendering them vulnerable to exploita- the so-called internal protection alternative tion and abuse. According to Save the and that immigration authorities be re- Children Norway, about a hundred children quired to give strong weight to recom- had disappeared from reception centers in mendations by the UNHCR and NGOs re- the last three to four years. garding this alternative. Further, it pro- In a positive development, the new posed obliging Norwegian authorities to government reversed a decision by the follow-up on the treatment of asylum previous government to deprive asylum seekers deported from Norway to another seekers whose applications had been re- state party of the Dublin Convention. The jected in the last instance of free accom- NHC also called for a provision establish- modation and food. The previous policy ing Norway’s obligations to investigate the had been strongly criticized by human cases of asylum seekers suspected of rights organizations and the Norwegian committing serious international crimes. Lutheran Church for forcing persons who could neither return to their country of ori- Trafficking in Human Beings gin nor legally work in Norway to live on Norway was primarily a country of des- the street. However, while NOAS welco- tination for women trafficked for the pur- med the decision to provide rejected asy- pose of sexual exploitation. The number of lum seekers with shelter, it also called for foreign women engaged in prostitution granting the right to residence permits to had increased dramatically in the past rejected asylum seekers who have resided years. While only 19% of the women reg- in Norway for a longer period of time. istered by the Pro Centre, an organization Health personnel warned that the lev- providing assistance to prostitutes, were of el of assistance provided to traumatized foreign origin in 2001, this figure had in- refugees was insufficient.43 While asylum creased to 63% in 2004. Statistical and seekers with psychological problems had systematic knowledge about the scope of been accommodated in regular centers in trafficking was lacking, but the Pro Centre previous years, a first separate reception estimated that there were roughly 500 po- center for this category of asylum seekers tential trafficking victims in Oslo in 2004. was established in 2005. Four more such By the end of 2005, the main countries of centers were planned. departure of trafficking victims were Nige- Amnesty International/Norway, the ria and countries in Eastern Europe and Norwegian Bar Association, and the the Baltic region. Norwegian Helsinki Committee raised con- Increased attention was given to traf- cern about conditions at Trandum Aliens ficking in children via the asylum system. Holding Centre.44 Following its October visit In November 2005, the police reported

HUMAN RIGHTS IN THE OSCE REGION IHF REPORT 2006 NORWAY 299 that four unaccompanied asylum-seeking trafficking victims conditional on willing- children from China who had disappeared ness to cooperate with the police. from reception centers in Norway had According to regulations in place in been found in the hands of persons sus- those cases when persons due to be expected of trafficking in Sweden. pelled claimed to be victims of trafficking, The government launched a second they were to be offered a reflection period Plan of Action to Combat Trafficking in of up to 45 days. During this period, their Women and Children, and the first convic- expulsion was to be suspended and they tion under the new anti-trafficking statute were to be provided safe places to stay introduced in the Norwegian penal code in while they had the opportunity to consider 2003 was handed down. At the beginning whether they wished to cooperate with po- of the year, a government-sponsored lice for the purpose of prosecuting those emergency and information hotline offer- behind their trafficking. In 2005, only one ing help and information to victims of traf- person applied for a reflection period. ficking was established. By the end of the NGOs found it problematic that the pros- year, 18 women had been provided safe pects for trafficking victims to obtain pro- accommodation through this program. tection after the elapse of the 45-day ref- Despite such improvements, there lection period were uncertain; victims who were concerns that protection of and as- chose to cooperate with police could be sistance to victims of trafficking remained given temporary residence permits, but unsatisfactory and possibly in breach of they did not have any automatic right to the UN Recommended Principles and Gui- such permits. delines on Human Rights and Human Traf- According to the NOAS, Norwegian ficking (2002). In particular, human rights asylum practice with regard to victims of organizations and experts criticized the trafficking remained unpredictable. Infor- government for not putting enough effort mation received by the NHC indicated that into developing routines and criteria for around 15 trafficking victims were granted identifying trafficking victims, and for mak- asylum or humanitarian protection status ing the issuance of residence permits to in Norway in 2002-2005.

Endnotes 1 The NHC, Amnesty International Norway, the Norwegian Bar Association and the Ombuds- man for Children raised these concerns prior to the fourth visit to Norway (on 3-10 October 2005) of the European Committee for the Prevention of Torture and Inhuman or Degra- ding Treatment or Punishment (CPT). The letters sent to the CPT in 2005 with the participation of the Norwegian Helsinki Committee are available at www.nhc.no. 2 The preliminary observations about the CPT visit were made available on 16 December 2005. They are available at www.cpt.coe.int/documents/nor/2005-20-inf-eng.pdf. 3 A detailed report of the election observation is available at www.nhc.no (in the section on Norway). 4 See also the section on “Conditions in Prisons and Detention Facilities and Detainees’ Rights.” 5 See Liberty, “House of Lords rule that torture evidence is not admissible in UK courts,” 8 December 2005, at www.liberty-human-rights.org.uk/press/2005/lords-rule-torture- inadmissible.shtml.

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6 See www.amnesty.no/web.nsf/pages/167EB2AE39951A89C125707B0033F95E. 7 Statement available at http://odin.dep.no/ud/norsk/aktuelt/taler/minister_a/032191- 090016/dok-bn.html. 8 All numbers refer to persons who were released from remand custody during the year. 9 Preliminary Observations Made by the Delegation of the CPT which visited Norway from 3 to 10 October 2005, 16 December 2005, at www.cpt.coe.int/documents/nor/ 2005-20-inf-eng.htm. 10 Ibid. 11 Ibid. 12 The letter was not made public. 13 Preliminary Observations Made by the Delegation of the CPT which visited Norway from 3 to 10 October 2005, 16 December 2005, at www.cpt.coe.int/documents/nor/ 2005-20-inf-eng.htm. 14 These concerns were expressed in a 1 April 2005 letter to the CPT. 15 Christine Friestad and Inger Lise Skog Hansen, Levekår blant innsatte (“Conditions of life among inmates”), Oslo 2004, FAFO report 429, page 48. 16 Preliminary Observations Made by the Delegation of the CPT which visited Norway from 3 to 10 October 2005, 16 December 2005, at www.cpt.coe.int/documents/nor/ 2005-20-inf-eng.htm. 17 Ibid. 18 In Norway, there were 253 involuntary hospitalizations per 100,000 inhabitants, but in, for example, Portugal there were only six. Twenty-five percent of the patients in Norwegian psychiatric hospitals had been hospitalized involuntarily. 19 Preliminary Observations Made by the Delegation of the CPT which visited Norway from 3 to 10 October 2005, 16 December 2005, at www.cpt.coe.int/documents/nor/ 2005-20-inf-eng.htm. 20 A working group consisting of representatives from the NHC and six other organizations produced the NGO Supplementary report, at www.nhc.no. 21 Section 12 of the constitution states that: “The King himself chooses a Council from among Norwegian citizens who are entitled to vote. This Council shall consist of a Prime Minister and at least seven other Members. More than half the number of the Members of the Council of State shall profess the official religion of the State. …” 22 The concluding observations of the Human Rights Committee were yet to be made public as of this writing. 23 Article 27 of the ICCPR provides: “In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language.” The alternative report is available at www.nhc.no. 24 For more information, see http://odin.dep.no/krd/norsk/tema/nasjonale/016091-990 219/dok-bn.html. 25 For more information about this report, please contact the NHC. 26 See Aftenposten, “Trenger 600 kvinner,” 18 January 2006, at www.aftenposten.no/ny- heter/okonomi/article1200471.ece?service=print. 27 Statistics available at the website of the Norwegian parliament, at www.stortinget.no/ representantene/navn_tall/2005/kvinner_2005.html. 28 Thomas Haaland, Sten-Erik Clausen and Berit Schei, Couple Violence – different pers- pective: Results from the first national survey in Norway, (Oslo: NIBR report 2005: 3).

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A total of 4,618 people between the ages of 20-54 were surveyed. 29 Amnesty International Norway, Vold mot kvinner et ikke-tema (“Violence against women a non-issue”), Oslo 15 September 2005. 30 Law on prohibition of discrimination based on religion, ethnicity etc., adopted on 3 June 2005. Available only in Norwegian, at www.lovdata.no/all/nl-20050603-033.html. 31 CERD/C/67/D/30/2003. 32 This penal code provision was originally introduced to comply with the obligation of state parties of the CERD to prohibit racist expressions and dissemination of racist ideas. 33 As of 2006, SMED was replaced by a new system of protection under the ombudsman for equality and anti-discrimination. 34 See “Ytringsfrihet bør finde Sted” (“There should be Freedom of Speech”), written by the then SMED head Guro Fjellanger and the then legal advisor Guri Hestflått. 23 Au- gust 2003, at www.smed.no/artikkelID.asp?artikkelID=224 35 “Høyesteretts frifinnelse av Terje Sjølie klages inn for FNs Rasediskrimineringskomité” (“The Supreme Court’s acquittal of Terje Sjoelie is communicated to CERD”), 2 July 2003, at www.smed.no/artikkelID.asp?artikkelID=216. Article 4 of convention obliges Norway to prohibit propaganda for racial hatred and superiority, as well as promotion of racial discrimination and racially motivated violence. It follows from article 6 of the convention that the state is obliged to provide individual protection against racist discrimination. The Supreme Court acquittal of Terje Sjoelie did not upheld these obligations, according to SMED. 36 Statistics presented by the Directorate of Immigration (UDI), www.udi.no. 37 UDI, “Asylordingen fungerer etter hensikten” (“The administration of the asylum insti- tute is functioning according to the intentions”), 17 January 2006, at www.udi.no. 38 Paula Tollonen, Head of the Asylum Section of the UDI, statement to the daily Dagsa- visen, 30 October 2005. 39 Ibid. 40 NOAS, “Challenges in Norwegian Refugee Policy 2005-2009”, at www.noas.org. 41 Their case is outlined in the NHC 2005 report on human rights developments in Nor- way (covering events of 2004), at www.nhc.no; and IHF, Human Rights in the OSCE Region: Europe, Central Asia and North America, Report 2005 (Events of 2004), at www.ihf-hr.org/documents/doc_summary.php?sec_id=3&d_id=4057. 42 Concluding Observations of the Committee on Economic, Social and Cultural Rights: Norway, 23 June 2005; Concluding Observations of the Committee on the Rights of the Child, 03 June 2005. 43 According to Professor of Psychiatry Edvard Hauff in a statement to the Norwegian Broadcasting Company, 10 June 2005. 44 Letter of 1 April 2005 to the CPT, at www.nhc.no. 45 Preliminary Observations Made by the Delegation of the CPT which visited Norway from 3 to 10 October 2005.

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