Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Norway (Ratification: 2000)

The Committee takes note of the Government’s first and second reports. It requests the Government to provide information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1. All forms of slavery or practices similar to slavery, such as debt bondage, serfdom and forced or compulsory labour. The Committee notes that section 225 of the Penal Code punishes: (a) any person who causes or is accessory to causing another person to be enslaved; (b) any person who engages in or is accessory to slave-trading or the transporting of slaves or persons destined for slave-trading; (c) any person who enters into an association with another person for the purpose of carrying out or aiding or abetting any act referred to in this section. The Committee notes the Government’s statement that the rules under Chapter 21 of the Penal Code concerning deprivation of liberty (sections 223-225) are of general applicability and also protect, besides slavery and trafficking in children, the personal liberty of persons under 18 years of age against bondage, serfdom and compulsory labour.

2. Sale and trafficking of children. The Committee notes the Government’s statement that the Storting passed on 17 June 2003 Bill No. 62 regarding a penal provision specifically prohibiting human trafficking. According to the Bill, human trafficking is based on the definition contained in article 5 of the Protocol on trafficking in persons supplementing the UN Convention against Transnational Organized Crime. It also notes the Government’s information that this text deals with human trafficking for prostitution or other sexual purposes, forced labour, war service in foreign countries or for the removal of human body parts. The Committee notes the Government’s statement that the text also expressly states that where a person under the age of 18 years is exploited for the above purposes, the perpetrator shall be liable to punishment regardless of what means are used to bring the victim into the situation. Trafficking in persons below 18 years is an element that qualifies as "serious" trafficking. The Committee notes that, according to the booklet entitled: "Norway’s Plan of Action for Combating Trafficking in Women and Children", the provisions of the Penal Code concerning offences against the person (sections 228, 229, and 231), coercion (section 222), deprivation of liberty (section 223), and threats (section 227) may be applicable to actors involved at all stages of trafficking. Section 224 of the Penal Code sets out penalties for any person who by force, threats, or underhand conduct unlawfully brings anyone into his own or another person’s power with the intention of reducing him to a state of helplessness, enlisting him in foreign military service, or taking him into captivity or other state of dependence in a foreign country, or transporting him to a foreign country for indecent purposes. The booklet also states that section 47 of the Immigration Act concerning penalties for people smuggling, and the provisions of the Organ Transplant Act concerning the commercial use of organs may, according to the circumstances, be applicable in cases involving human trafficking. The Committee asks the Government to supply a copy of Bill No. 62 of 17 June 2003.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes the Government’s statement that Chapter 19 of the Penal Code concerning sexual offences was amended by Act No. 76 of 11 August 2000, No. 76, in order to secure compliance with this Convention. The Committee notes that prostitution is not illegal in Norway, but that, subsequent to the amendment of 2000, section 203 of the Penal Code prohibits the purchase of sexual services from persons under the age of 18. It also notes the Government’s statement that section 203 comprises a large variety of sexual acts, from sexual intercourse to touching genitals. It observes that section 202 of the Penal Code defines the term "prostitution" as sexual intercourse or sexual acts performed by a person who is compensated for his/her services and states that it is an offence for anyone to mislead or encourage another person into engaging in prostitution or exploiting the profits of prostitution, regardless of the age of the victim.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes the Government’s information that section 204(1) of the Penal Code punishes anyone who misleads a person under the age of 18 to participate in the production of pictures or films with a sexual content. It also notes that the same provision punishes anyone who: publishes, offers for sale or in any other way attempts to disseminate pornography; gives a public lecture or arranges a public performance or exhibition of a pornographic nature. It notes that section 204 also prohibits the production, importation or possession of child pornography, as well as downloading child pornography into a personal computer or paying for access to web sites containing this material. "Pornography" is defined as sexual descriptions which are offensive or in any other way likely to have a humanly degrading or corrupting effect, including sexual descriptions showing children, dead bodies, animals, violence or duress. "Child pornography" is described as sexual descriptions showing children, persons who must be considered children or persons who are presented as being children. Any person who is not sexually mature shall be considered a child. The Committee asks the Government to provide information on the practical application of the abovementioned provisions.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that the Penal Code provides for the prevention of drug trafficking in general. Section 162 states that any person who unlawfully manufactures, imports, exports, acquires, stores, sends or conveys any substance that by statutory provision is deemed to be a drug shall be guilty of a drug felony. The Committee asks the Government to indicate in what way the use, procuring or offering of a child under the age of 18 for the production and trafficking of drugs is specifically prohibited under the relevant legislation.

Clause (d). Hazardous work. The Committee notes that section 34, subsection (2), of the Working Environment Act of 1997 prohibits children under the age of 18 from being assigned to work that may be detrimental to their "safety, health or development". It notes that sections 12 and 13 of Regulation No. 551 on Work Performed by Children and Young Persons contain rules concerning the types of work that persons under the age of 18 may not perform.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes that, according to the Government, section 12 of the Regulation states that persons under the age of 18 may not perform work which: (a) exceeds their physical or mental capacity; (b) involves exposure to toxic or carcinogenic factors, factors which cause hereditary genetic damage, factors which cause foetal damage or which otherwise cause chronic damage to people; (c) involves exposure to dangerous radiation; (d) entails a risk of accident which it is reasonable to assume that persons under the age of 18 cannot recognize or avoid owing to lack of awareness of safety or to lack of experience, training, or drills; (e) involves health risks due to extreme cold or heat, noise or vibrations. According to section 13 of the Regulation, persons under the age of 18 may not perform: (a) work which entails exposure to ionizing radiation; (b) work in a hyperbaric atmosphere (e.g. pressure chambers or diving); (c) work that entails exposure to biological factors, in particular risk groups; (d) work that entails exposure to chemicals that meet the requirements for classification as highly toxic; toxic; corrosive; or explosive; (e) work which entails exposure to carcinogenic chemicals; (f) work that entails exposure to lead and lead compounds; (g) work that entails exposure to asbestos and material containing asbestos; (h) work that entails exposure to chemicals classified as irritants and containing one or more particular risk phrases; (i) work involving the production and handling of fireworks, as well as objects and machinery which contain explosives; (j) work with wild or poisonous animals; (k) work involving industrial slaughtering of animals; (l) work that entails handling equipment for the production, storage, or application of compressed, liquid, or dissolved gasses; (m) work in tanks, basins, reservoirs or with analysis sample bottles containing certain types of chemical factors; (n) work which entails a risk of collapse of a structure or landslide; (o) work which entails risk of contact with high voltage electricity; (p) piecework whose tempo is determined by machines; (q) work which entails a hazard to health owing to extreme cold or heat or to noise or vibration; (r) work with certain types of cranes and lifting and stacking trucks; (s) work with earth movers; (t) work with nail pistols; (u) work with liquid jet equipment with a working pressure equal to or exceeding 250 bar.The Committee notes that according to the Government, the Working Environment Act and Regulation No. 551 also contain provisions regarding night work. The Working Environment Act requires that young people between 15 and 18 years, who are not attending compulsory education, shall have a work-free period either between 10 p.m. and 6 a.m. or between 11 p.m. and 7 a.m.

Article 5. Appropriate monitoring mechanisms. 1. Labour inspectorate. The Committee notes that, according to the Government, the Labour Inspection Authority supervises the compliance of enterprises with the provisions of the Working Environment Act and Regulation No. 551. It also notes that, according to section 74 of the Working Environment Act, the Norwegian Labour Inspection Authority consists of the Directorate of Labour Inspection and the Local Officers of the Labour Inspection Authority. The Directorate is responsible for the activities of the Labour Inspection Authority. The Committee notes that, by virtue of section 77 of the same Act, the Labour Inspection Authority: may issue orders and make individual decisions to fulfil the requirements of the Act; has the power to close down an establishment if the time limit of the order has ended or close down the establishment if there is a threat of "immediate danger"; may order the discontinuance of a certain supply or marketing, or recall a product. It notes that, according to section 80, the Labour Inspection Authority and any experts or commission of inquiry appointed pursuant to the Working Environment Act are empowered to perform inspections and to accede to establishments. The Committee requests the Government to provide information on the functioning of the labour inspectorate and to provide extracts of inspection reports, specifying the extent and nature of violations detected involving children and young persons involved in the worst forms of child labour.

2. Ministry of Justice and the police. The Committee notes that, according to Norway’s Plan of Action for Combating Trafficking in Women and Children, the National Bureau of Crime Investigation is, together with the National Policy Academy, designed to systematically transfer expertise in the investigation of cases of sexual abuse of children to local police districts. Priority will be given to police investigation and prosecution of cases involving sexual abuse of children. Cooperation with the child welfare service will be intensified. Efforts to combat child pornography will be stepped up, and expertise in investigating child abuse, child pornography in the media and on the Internet and child sex tourism will be further developed. Nevertheless, with regard to trafficking, it notes that, according to Norway’s Plan of Action for combating Trafficking in Women and Children, at present the Norwegian authorities have little systematic knowledge of the extent and methods of human trafficking in the country. In recent years, it has become increasingly difficult to obtain information from the prostitution community, especially from foreign women and girls. Moreover, the efforts of the police are complicated by links between prostitution and powerful criminal organizations in Norway and abroad. The Committee requests the Government to provide more information on the methods adopted by the National Bureau of Crime Investigation and the National Police Academy and other relevant bodies for the monitoring and effective implementation of the provisions of the Penal Code giving effect to the Convention.

Article 6, paragraph 1. Programmes of action to eliminate as a priority the worst forms of child labour. The Committee notes that Norway’s Plan of Action for Combating Trafficking in Women and Children will be implemented between 2003-05. It notes that this plan includes measures for: protecting and helping woman and children who are victims of human trafficking; preventing trafficking in woman and children; detecting and prosecuting the traffickers; disseminating information and promoting cooperation that will fulfil the intentions of the plan. The Ministry of Children and Family Affairs, the Ministry of Justice, the Ministry of Local Government and Regional Development, the Ministry of Social Affairs and the Ministry of Foreign Affairs will be responsible for implementing measures in their respective spheres of competence. The Committee asks the Government to provide information on the achievements and impact of the Plan of Action for Combating Trafficking in Women and Children, especially with regard to protecting children under 18 who are victims of trafficking.

Article 7, paragraph 1. Penalties. The Committee notes that, according to section 225 of the Penal Code, anyone who commits the offences related to slavery shall be liable to imprisonment for a term of between five and 21 years. The offence of association for the purpose of abetting any practice related to slavery is punishable by imprisonment for a term not exceeding ten years. It notes that the Penal Code sets out penalties of imprisonment for offences against the person, such as coercion, deprivation of liberty and threats (sections 222-231). According to section 203 of the Penal Code, anyone who has sexual intercourse or activity with a person under the age of 18 for remuneration will be penalized with fines or imprisonment of up to two years; a mistake concerning the victim’s age does not exclude criminal liability, unless the offender acted in reasonable good faith. It draws the Government’s attention to the difficulty to ascertain the exact age of boys and girls. The Committee asks the Government to provide information on the meaning of the term "reasonable good faith", and relevant court decisions in this regard. The Committee notes the Government’s statement that offenders who commit intentionally the offences related to child pornography (section 204 of the Penal Code) are liable to fines or imprisonment not exceeding two years; negligent actors receive a prison term for six months or less. In addition, a proprietor or superior who wilfully or negligently omits to prevent the commission in his business of any acts, which are illegal in accordance with section 204, is liable to the same penalty. The Committee notes that, according to section 162 of the Penal Code, drug felonies are punishable by fines or imprisonment for a term not exceeding two years. The Committee notes that the Working Environment Act contains penal provisions for employers who violate the Act and commit offences which involve a serious hazard to life or health. It notes that, by virtue of section 88 of the Working Environment Act, parents and guardians of children who allow a child or young person to work contrary to the Act, are liable to a fine. The Committee notes that, in order to enforce the decisions of the Labour Inspection Authority, section 78 of the Working Environment Act gives the Labour Inspection Authority the power to impose a continuous, coercive fine for each day, week or month that passes after expiry of the time limit set for implementation of the order and until the order is implemented. Section 89 imposes a penalty on those who obstruct the inspections or who fail to furnish the mandatory assistance or information required for effecting supervision in accordance with the Act.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a) and (b). Prevent the engagement of children and give direct assistance for the removal of children from the worst forms of child labour. 1. Child prostitution. The Committee notes that a Plan for Norway’s follow-up to the first World Congress in Stockholm in 1996 against Commercial Sexual Exploitation of Children was submitted and a report was published in 1999 (hereinafter follow-up Report on Commercial Sexual Exploitation of Children). It notes that this report focuses on measures implemented after the first World Congress, and in particular on measures taken at the national level to combat the sexual exploitation of children and problems encountered and examples of good practices. It notes that, according to this report, the Government has taken a number of concrete measures: (a) a training inter-agency programme launched by the Ministry of Children and Family Affairs (aimed at initiating information and supplementary training programmes for personnel who get in touch with minors who sell their sexual services); (b) the 2002 Project for Sexually Abused Children launched by the Ministry of Health and Social Affairs (aimed at reinforcing measures by the child care services and other agencies to help children involved in prostitution); (c) the adoption by the largest Norwegian tour operators of the ECPAT’s Code of conduct for the Travel and Tourism Industry (for preventing child sex tourism); (d) 1998 Plan to reduce the use of intoxicants launched by the Ministry of Health and Social Affairs (preventing the exploitation of children and young persons in the sale of sexual services through measures to reduce/stop the misuse of alcohol and drugs). The Committee asks the Government to provide information on the impact of the abovementioned measures with regard to removing children from prostitution and providing for their rehabilitation and social integration.

2. Child pornography. The Committee notes that, according to the follow-up Report on Commercial Sexual Exploitation of Children, Norway is involved in two plans on child pornography. (1) A project was launched by Save the Children - Norway in order to create an e-mail hotline for preventing misuse of the Internet by distributing, exchanging and selling child pornography and form an international network for combating it. The hotline has received tips and ideas on a daily basis on where to find sites containing child pornography and sites linked to other paedophile activities. Verified information regarding child pornography is passed on to the National Bureau of Crime Investigation, which communicates to other countries through the Interpol system. (2) The "Children, Young Persons and the Internet" Plan was launched in 2001 by the Ministry of Children and Family Affairs (aimed at promoting hotlines against child pornography; gaining knowledge on risk behaviour and information needs; teaching children to be responsible Internet users; diminishing risk behaviours; empowering parents and educators). The Committee requests the Government to provide information on the impact of those measures on protecting children under 18 from child pornography.

3. Child victims of trafficking. The Committee notes that, according to Norway’s Plan of Action for Combating Trafficking in Women and Children, the Government will work to ensure that women and children who are victims of trafficking are given assistance. Specifically, the Government plans to: recognize victims of human trafficking as refugees; take the initiative to ensure safe places for victims of trafficking to stay, where they have access to necessary assistance and information; provide a reflection period which includes counselling for up to 45 days before the expulsion decision; develop routines for coordinating the follow-up, return, and rehabilitation of women and children in collaboration with the authorities in the country of origin, in order to ensure that these victims of trafficking have a place to stay and are protected and that they receive support in relation to jobs, education and ways of improving their living conditions and opportunities. The Committee asks the Government to provide information on the impact of these programmes of assistance established by the Plan of Action for Combating Trafficking of Women and Children on the rehabilitation and social integration of children below 18 who are victims of trafficking.

Clause (d).  Identifying and reaching out to children at special risk. 1. Children at risk in the Baltic Sea Region. The Committee notes that, according to the follow-up Report on Commercial Sexual Exploitation of Children, the Child Centre for Children at Risk in the Baltic Sea Region, is a part of the Children’s Unit within the secretariat of the Council of the Baltic Sea States. It notes that one of the functions of the Child Centre is to raise the level of knowledge and to coordinate activities targeting children at risk in the Baltic Sea Region. The areas prioritized include: (1) child sexual abuse and exploitation; (2) street children; (3) child victims of trafficking.

2. Separated children seeking asylum. The Committee notes that, according to Norway’s Plan of Action for Combating Trafficking in Women and Children, children who accompany their families to Norway are strongly affected when the caregiver, usually the mother, is a victim of trafficking. Separated children seeking asylum are a specially vulnerable group because they arrive in the country without a caregiver. Every year a number of these young people disappear from Norwegian reception centres. In addition, children who have been sent to, lured or forced to travel to Norway without a parent or a guardian and who are sexually exploited or abused, are also deprived of care, family life, education and other rights. The Committee notes that, according to the abovementioned Plan, the Directorate of Immigration issued guidelines concerning the duties of the various agencies when a separated child disappears from a reception centre. The Directorate also introduced a requirement that relatives must prove that they have a formal responsibility to care for a separated child seeking asylum before he/she is allowed to move out of a reception centre.

The Committee asks the Government to provide information on the results attained and the impact of the activities targeting children at risk in the Baltic Sea Region. It also asks the Government to provide information on the implementation of the measures taken in order to address the situation of separated children seeking asylum.

Clause (e). The special situation of girls. The Committee notes that, according to Norway’s Plan of Action for Combating Trafficking in Women and Children, a strategy for education in Norwegian development cooperation was launched in January 2003 in which special priority is given to girls’ education. It also notes that, according to this Plan, projects will be carried out in priority areas to examine the problems arising from human trafficking in general and the situation of foreign women in the sex trade in Oslo in particular, especially the situation of young girls. The Committee notes that gender equality in Norway is an integral part of the Education Act. According to the Development of Education 1991-2000 - National Report from Norway, there is a broad consensus on Norwegian policy issues related to gender equity in education.

Article 8. International cooperation and/or assistance. The Committee notes that Norway is actively involved in efforts to prevent trafficking in women and children in the Baltic Region, the Balkans, Moldova and Central Asia, e.g. through information campaigns and police training. These measures are largely channelled through the Nordic Council of Ministers, the Council of Europe, the Organization for Security and Cooperation in Europe, the Stability Pact for South Eastern Europe, other international organizations and NGOs and the Norwegian Agency for Development Cooperation (NORAD).

1. International Cooperation. The Committee notes that, according to the abovementioned Plan, in 2001 Norway endorsed a new recommendation (2001-16) of the Council of Europe on Protection of Children against Sexual Exploitation, in connection with the preparation at European level for the Second World Congress against Sexual Exploitation of Children. The Committee notes that Norway is a member of the Interpol Group on Trafficking in Women for Sexual Exploitation, set up in 2000, and the Standing Working Party on Offences against Minors. In 2001, Norway concluded a cooperation agreement with Europol on intensifying the joint efforts to combat serious organized crime, including human trafficking and make them more effective. These projects have resulted in the arrest of a large number of persons with links to criminal organizations with branches in many countries, including EU members and the Balkans.

2. Regional cooperation. The Committee notes the Government’s information that the opening seminar of a joint Nordic Baltic Campaign against Trafficking in Women and Children was held in Tallinn, Estonia, in May 2002. The main purpose of this joint campaign is: to raise awareness; to stimulate discussions on how to combat trafficking; to establish a common platform for further cooperation. The Committee also notes the Government’s information that Norway, chairing the Nordic Council of Ministers in 2002, has invited all Nordic and Baltic Ministers involved in this campaign to engage actively and take the opportunity of building an even more solid basis for cooperation against trafficking in women and children in the countries involved. The Committee further notes that, according to Norway’s Plan of Action for combating Trafficking in Women and Children, Norway is participating actively in the important efforts to combat human trafficking under the auspices of the Stability Pact for South-Eastern Europe. These efforts include awareness-raising campaigns, training and sharing experience and expertise, cooperation and law enforcement, protection of victims, assistance in repatriation and integration, the development of adequate legislation and preventive measures, such as better immigration and asylum policy.

The Committee requests the Government to provide information on the concrete measures taken pursuant to the abovementioned regional and international initiatives and plans of action.

3. Elimination of poverty. The Committee notes that in March 2002 the Government adopted an Action Plan for Combating Poverty in the South towards 2015. It asks the Government to supply information on the impact of this Action Plan for Combating Poverty towards eliminating the worst forms of child labour in the countries concerned.

Part V of the report form. The Committee notes the Government’s information that section 203 of the Penal Code, which prohibits purchasing sexual services from persons under 18 years of age was enacted on 11 August 2000. Consequently, only numbers from 2001 exist, and only one instance was reported. No sanctions have been reported. The Committee also notes that the statistics reported by the Government do not distinguish between child and adult pornography. It notes that, according to Norway’s Plan of Action for Combating Trafficking in Women and Children, the police revealed that there is organized prostitution in Norway; the proportion of foreign prostitutes is high in the country as a whole, and the sex trade can be linked to some extent with criminal networks. A survey carried out in Oslo showed that there had been a substantial increase in the number of foreign women engaged in prostitution, especially from eastern and south-eastern Europe. Indoor prostitution and prostitution arranged by mobile phone have increased dramatically. The Committee asks the Government to continue providing information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions and convictions. To the extent possible, all information provided should be disaggregated by sex.