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Monsieur le Président,

Au nom du gouvernement de Norvège, je salue cette opportunité qui m’est donnée de m’adresser au groupe de travail du Conseil des droits de l’homme.

Le processus d’examen périodique universel permet un dialogue franc et ouvert sur la situation des droits de l’homme dans les Etats membres de l’ONU. Ce processus représente un nouveauté avec un vrai potentiel.

La Norvège se présente aujourd’hui avec la détermination de contribuer au respect de l’examen périodique – pour le bien de l’état des droits de l’homme en Norvège, mais aussi pour contribuer à un partage d’expérience qui peut bénéficier hors de mon pays.

Car, un objectif essentiel est de renforcer la coopération entre les Etats et les organismes des droits de l’homme de l’ONU. L’EPU est un outil susceptible d’améliorer la situation des droits de l’homme pour les femmes, les hommes et les enfants sur le terrain.

Je me présente devant vous comme le représentant du Gouvernement Norvégien. Mais le processus qui nous a menés à ce jour témoigne aussi d’un dialogue transparent entre la société civile et les services de l’Etat. Ces consultations constituent un élément préparatoire important du processus d’EPU.

En Norvège nous avons profité de larges consultations entre le gouvernement et la société civile, en effet ce genre de consultation représente une tradition de longue date. La participation d’organisations non gouvernementales, du Centre norvégien des droits de l’homme, de représentants des populations indigènes et d’autres parties prenantes a joué un rôle substantiel dans l’orientation du rapport.

En somme, la préparation du rapport de l’EPU a été l’occasion pour les autorités norvégiennes de procéder à un examen critique général de la situation des droits de l’homme en Norvège, en partenariat avec la société civile.

Le rapport a été accueilli avec un vif intérêt par les médias et a dans contribué a un débat sur les questions qu’il met en relief.

 

Mr President,

The advancement of universal human rights is a principal objective for my Government, and it is, I believe, a core value deeply rooted in Norwegian civil society.

That is not to say that we do not face challenges. No country is in that position. Indeed, we have found the UPR process to be a useful exercise of scrutinising and measuring how we are doing in tackling these challenges. We have seized it as a real opportunity to improve and do better.

True, the UPR is a review. But our purpose is to look back in order to prepare for the future. Our ambition is to learn in order to enhance our ability to protect human rights effectively.

Norwegian society is generally perceived as fairly homogeneous. However, minority issues are not new to my country. The Norwegian state was established on the territory of two peoples, the Norwegians and Sami. Both of these peoples have the same right to develop their cultures and languages.

Other minorities have also been present in Norway for centuries. Throughout history, the Sami people and national minorities have been victims of assimilation policies and injustices on the part of the Norwegian authorities. This took place in the darker chapters of Norwegian history, chapters that need to be acknowledged.

It was indeed a leap forward when the Sami Parliament, the Samediggi, was established in 1989. The members of the Samediggi are elected by and for Sami in Norway. I am pleased that the Vice President of the Samediggi is a member of the Norwegian delegation and I will invite her to address the Council shortly.

There are five national minorities in Norway: Kven, Jews, Forest Finns, Roma and Romani. The Government seeks to maintain a close dialogue with organisations that represent these minorities.

We have made progress, but we are aware that better modes of dialogue need to be developed, in cooperation between the authorities and minority representatives, to ensure participation and prevent discrimination and exclusion.

 

Mr President,

As a state made up of two peoples and five national minorities, we have gained experience of diversity. Still, Norway has changed considerably during the last 20 years and we are gradually becoming a more complex and diverse society.

Today, people with backgrounds and roots from more than one hundred different nations live in my country – a reflection of contemporary trends of migration. This diversity is a strength, contributing to Norway’s economic growth and cultural enrichment. It is a development that may further help us to integrate with the world at large.

But it is also a challenge. For the Norwegian society is not immune to prejudice, xenophobia or racism. There are people on the Norwegian streets and in Norwegian neighbourhoods who feel stigmatised and discriminated against. These are phenomena that need to be fought with dedication and wisdom, based on knowledge and insight. It is a matter of respect and human dignity – and it is a matter of safeguarding the fundamental trust necessary to preserve our society’s precious social capital.

When the composition of a society changes in such a very short space of time, there are bound to be challenges. Why? Because peoples’ perceptions of what it means to be “Norwegian” do not – unfortunately you might say – change as quickly as Norwegian society is changing.

We need to take people’s concerns seriously. It does not help to argue that people who express feelings of fear are wrong. People need to experience that their fear is unfounded themselves.   

Fear cannot be banned by laws and regulations alone. Trust cannot be legally enforced. Trust and respect are the results of a complex interplay of individual attitudes and norms in groups and communities.

Neither Parliament nor Government can dictate attitudes and norms. Good governance of modern societies with broad diversity requires appropriate and contemporary legislation. But good governance also entails engaging the whole potential of civil society. Good governance requires a deeper understanding of the role of a society’s social capital – of how social capital is created, preserved and enhanced.

One of the major tasks in Norway today is to establish a new and broader definition of “we” – a broader “we” than the one that shaped my concept of being Norwegian in the 1960s and 70s. A modern society respectful of its citizens’ human rights needs to foster a sense of “we” in which everyone feels included and responsible for the wider common good – regardless of country of origin, and regardless of cultural, religious or social background. What is needed is an enhanced social contract founded on a balance of rights and obligations that applies to all.

In a historic perspective we are just starting to grapple with such challenges. Thus, we welcome a dialogue among peers. We look forward to an exchange of experience and best practices with countries with a longer history of diversity.

 

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Mr President,

I turn now to address the advance questions more directly.

Several states have asked us about the involvement of civil society in the preparation of our national report.

As stated in the report, the Government held open meetings with civil society actors both at the initial stages of the process and after a first full draft had been distributed widely.

Comments from civil society on the first full draft were distributed among the ministries in order to ensure that these comments were taken into consideration in the process of finalising the report. To achieve greater transparency and give room for broader participation, we launched a website where the draft report was published together with shadow reports and comments from various stakeholders.

Our national human rights institution also took part in consultations leading up to the UPR process. The Norwegian Centre for Human Rights is approved as a national human rights institution with A-status. The Centre monitors and conducts research, education and information sharing on the human rights situation in Norway.

Several states have raised the issue of Norway’s ratification of the Optional Protocol to the Convention against Torture which Norway has signed. Let me be brief: the ratification is being considered as a matter of priority.

The issue of domestic violence and violence against women and children has been raised by many. The position of Norway is clear: violence is never a private matter and should be addressed by the authorities. Neither religion, culture nor tradition can serve as an excuse for such violence. The Government’s third Action Plan on Domestic Violence for the period 2008 –2011 seeks to ensure that the police, educational institutions and support services are better trained, better coordinated and better able to detect, prevent and deal with the many complex issues relating to domestic violence. The Plan includes efforts towards the elimination of violence against children.

We also need to ensure that offences are properly addressed within the legal framework and that victims are protected from further abuse.

With a view to addressing this serious issue, a new Act will enter into force in January 2010. The Act imposes a statutory duty on local authorities to provide shelter and coordinated assistance for victims of violence in close relationships.

Several states have raised the issue of trafficking. Victims of human trafficking may be granted a temporary residence permit, to give them greater protection from traffickers. In addition, a victim who witnesses in a court case against a trafficker is, as a main rule, given a residence permit.

The legal protection of victims of trafficking in Norway is further strengthened in the new Immigration Act. Other measures include safe housing and appropriate follow-up for victims, and a cooperation agreement with the International Organization for Migration on safe repatriation and resettlement in the victims’ country of origin.

In January this year, an Act prohibiting the purchase of sexual services entered into force. Well over 100 persons have been convicted under this Act. The effects of this legislation will be evaluated in the near future.

Promoting equality and ensuring that women and men enjoy equal opportunities have been political priorities in Norway for a long time. Several welfare arrangements, such as paid parental leave, a paternity quota, and paid leave when a child is sick allow parents to combine work and family life. This is why Norwegian women today participate in the work force at almost the same level as men (79%). Moreover, Norway has one of the highest birth rates in developed countries.

Equal pay for work of equal value is a priority of the Government. Here, challenges still remain – but it is the Government’s ambition to achieve the goal of equal pay for work of equal value. 

We have recently issued an Action Plan for Equality in Early Childhood Education and Primary Education.

Furthermore, a main objective is to ensure that democratic bodies are representative and reflect the population in terms of gender, age, ethnicity, disability, religion and sexual orientation. Diversity in political bodies contributes to the legitimacy of the political system. I represent a Government consisting of 50% women, while the Parliament consists of 40% women, and the Samediggi 49 % women.

The issue of access to appropriate health care for detainees and prisoners, including those who are mentally ill has been raised.

In Norway, inmates have the same right to health services as other inhabitants. There have been incidents of acute situations where the waiting period has been too long. Concrete measures have been taken to resolve this situation. Today there are no reports of severely ill prisoners who are waiting for treatment.

Efforts to eliminate discrimination based on disability have been mentioned by several delegations.

The Government aims at ratifying the Convention on the Rights of Persons with Disabilities by 2010.  A number of measures have been implemented to improve awareness and compliance with the new legislation on non-discrimination of persons with disabilities.

A milestone was reached when the Anti-Discrimination and Accessibility Act came into effect this year. Universal design is considered the most important measure to ensure full accessibility in all areas of society for persons with disabilities. The Government’s vision is that universal design will be implemented throughout Norway by 2025.

The Equality and Anti-discrimination Ombudsman protects the rights of individuals and is a driving force for equality and non-discrimination. Earlier this year the Ombudsman launched a national awareness and information campaign on the Anti-Discrimination and Accessibility Act.

Regarding the unified national guardian system for unaccompanied minor asylum seekers, let me underline the following: it is a key priority that care and legal protection for unaccompanied minor asylum seekers is handled in a responsible manner.

All unaccompanied minor asylum seekers are entitled to legal aid and to a guardian to ensure that their rights are maintained. The Government is working on amendments to legislation aimed at meeting the specific needs of unaccompanied children asylum seekers with regard to guardians, and has recently increased funds to ensure the recruitment of a sufficient number of competent guardians.

Turning now to the issue of how we handle core international crimes. We have established the National Authority for Prosecution of Organised and other Serious Crime in order to fight impunity and ensure that Norway is not a safe haven for individuals suspected of having committed international crimes, including genocide, crimes against humanity and war crimes abroad.

This body was recently strengthened, and Norway is competent to prosecute all crimes that currently fall within the jurisdiction of the International Criminal Court.

The issue of juveniles in prison has been raised by many. I want to stress that it is an overall goal for the Norwegian Government to avoid detaining juveniles under the age of 18.

However, Norway still has a few juveniles in prison – at present 13 – and recognises

that challenges remain in this field.

A guiding principle of the Norwegian correctional service is that sentences should be served in close proximity to the prisoner’s home. To avoid juveniles serving their sentences together with adults or in total isolation, Norway is presently establishing two separate prison units for young offenders operated by multi-disciplined staff.

This does not imply that Norway wishes to facilitate increased juvenile imprisonment. The goal is, on the contrary, to provide a substitute for ordinary detention. Local projects to introduce restorative justice measures have been launched with very positive results. New legislation on sanctions is under consideration.

Let me now leave the floor to the Vice President of Samediggi, the Sami Parliament.

(The Sami Parliament)

 

Mr President,

Firmly convinced that all human rights are indivisible, interdependent and interrelated, Norway will maintain its policy of allocating a minimum of 1% of BNI to development assistance.

Nearly 1.5 billion people in the world today are living in poverty. Promoting human rights must therefore include fighting global poverty. This is one of the greatest human rights challenges facing us today.

Mr President, we have received many advance questions and several of these have been addressed in my initial comments.

Let me underline that some of the advance questions will be dealt with in greater detail during my next intervention. Here I will also take the opportunity to draw upon several experts in my delegation, who represent the Ministry of Justice and the Police, the Ministry of Children and Equality, the Ministry of Labour and Inclusion, the Ministry og Health and Care as well as the Ministry of Education and Research.