Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee had previously noted that the Storting passed on 17 June 2003, Bill No. 62 specifically prohibiting human trafficking. The Committee notes with interest the Government’s indication in its report that the new section 224 of the Penal Code prohibiting human trafficking has been adopted. Section 224 provides that any person who by force, threats, misuse of another person’s vulnerability, or other underhand conduct, exploits another person for the purpose of: (a) prostitution; (b) forced labour; (c) war service in a foreign country; and (d) removal of any of the said person’s organs; or who induces another person to be used for such purposes, shall be guilty of human trafficking and liable to imprisonment. Furthermore, any person who makes arrangements for such exploitation, or in any other way is accessory to such exploitation, or provides payment in order to obtain consent to such exploitation, shall be liable to the same penalty. Any person who commits the acts referred to in section 224 against a person who is under 18 years of age shall be liable to a penalty independently of any use of force or threats. Gross human trafficking is punishable by imprisonment. In deciding whether the offence is gross, particular importance shall be attached to whether the person exposed to the act was under 18 years of age, or to whether violence or coercion was used or whether the act led to considerable gain. The Committee notes the Government’s information that it has recently appointed a committee to evaluate the victim’s legal status and rights under the Norwegian criminal law. The findings of this committee will have a bearing on future legislation to protect trafficking victims, in terms of their procedural rights. The Committee takes note of this information.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. Following its previous comments, the Committee notes with interest the Government’s information that, by Act No. 29 of 20 May 2005, an amendment was made to section 204(1)(d) of the Penal Code concerning child pornography. It notes that child pornography is now lifted out of the existing section 204 and included under a new provision, section 204(a). The Committee notes that, according to the new section 204(a), any person who: (a) produces, acquires, imports, possesses, delivers to another person or for payment or systematically acquaints himself with presentations of sexual abuse of children or sexualized presentation of children; (b) deals with presentations of sexual abuse of children or sexualized presentations of children in any other way mentioned in section 204(1); or (c) induces any person under 18 years to be photographed as a step in a commercial presentation of moving or non-moving pictures of a sexual nature, or produces such presentations depicting any person under 18 years of age, shall be guilty of a criminal offence. Section 204(a) defines "children" as persons who are or appear to be under the age of 18 years. The Committee notes that, according to the Government, the new section is more far-reaching in comparison with the previous section 224(1)(d), as it includes acquisition of, and systematic acquaintance with, child pornography. Moreover, the new provision is not limited to child pornography, presented in films and videograms, but it covers all forms of presentations. The Committee takes due note of this information.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. With reference to its previous comments, the Committee notes the Government’s statement that using and procuring children under the age of 18 for the production and trafficking of drugs is not prohibited through a specific provision outside section 162 of the Penal Code. However, the Government underlines that in deciding whether the drug offence is aggravated, according to section 162, special importance shall be attached to … (c) "the nature of the offence". According to the Government, the involvement of children under 18 years is a circumstance that may easily fall within the "nature of the offence" and turn the drug offence into an aggravated offence. The Committee takes due note of this information.

Article 4, paragraph 1. Determination of hazardous work. The Committee had previously noted that sections 12 and 13 of Regulation No. 551 of 1990 on work performed by children and young persons contain a comprehensive list of types of hazardous work to be prohibited for children under 18 years of age. It notes the Government’s statement that sections 12 and 13 of Regulation No. 551 were changed in 2001 into sections 8 and 9, respectively, without any substantial changes. The Committee notes the Government’s information that the list of types of hazardous work contained in section 9 is not exhaustive and the general provision contained in section 8 will decide whether a type of work is allowed, even though it is not mentioned in section 9. The Committee takes note of this information.

Article 5. Monitoring mechanisms. 1. Labour inspectorate. In its previous comments, the Committee had noted that the Labour Inspection Authority supervises the compliance of enterprises with the provisions of the Working Environmental Act and Regulation No. 551. It notes the Government’s information that the Labour Inspection Authority’s activity mainly targets enterprises with the poorest working conditions, where there is little willingness to correct problems. This task is carried on by: (a) internal control audits, which review the enterprises’ internal control system and reveal whether regulations and procedures are being followed; (b) verifications and inspections checking whether internal control systems function well and companies meet legal requirements; (c) investigation of all serious and life-threatening accidents.

2. Police and the National Unit for the Fight against Organized and Other Serious Crimes. The Committee notes the Government’s information that the newly established National Unit for the Fight against Organized and Other Serious Crimes is in charge of gathering intelligence data on trafficking of human beings, including trafficking in children, and on child pornography. It notes the Government’s information that this Unit is a continuation of the Law Enforcement Unit provided in the former Norwegian Criminal Investigation Service and consists of competent and well-educated police officers and law enforcement specialists with a remit to handle child pornography cases. This Unit cooperates with the police throughout the country and internationally, and particularly: (a) assists the local police in investigating child pornography cases; (b) detects sexual abusers who use the Internet channels with the purpose of sexual exploitation of children; and (c) provides for a pornography hotline where people can leave their messages in cases of suspicion of child pornography on the Internet. The Committee also notes the Government’s information that in 2004 a national police intelligence project was launched to improve the knowledge of the extents and methods of trafficking in women and children.

The Committee requests the Government to continue providing information on the work of the National Unit for the Fight against Organized and Other Serious Crimes with regard to trafficking of children and child prostitution. It also requests the Government to provide further information on the national police intelligence project of 2004 concerning trafficking in women and children.

Article 6. Programmes of action to eliminate as a priority the worst forms of child labour. With reference to its previous comments, the Committee notes the Government’s information that on 24 June 2005 it launched a new Plan of Action to Combat Trafficking in Women and Children containing measures to protect and assist the victims, to prevent human trafficking, and to prosecute the organizers. According to the Government, this plan will be implemented over a three-year period (2005-08) and is the successor to the first action plan (2003-05). It notes that, according to the Government, the 2005-08 plan launches 22 new measures, which are based on the experiences identified in the work against human trafficking to date. The Committee asks the Government to continue providing information on the results of the Plan of Action to Combating Trafficking in Women and Children 2005-08 and on any relevant impact on the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee had previously noted that sections 162, and 222-231 of the Penal Code establish sufficiently effective and dissuasive penalties of imprisonment and fines for breach of the provisions prohibiting: drug trafficking; slavery and any practice related to slavery; the sale and trafficking of children for the purposes of sexual and labour exploitation; the incitement of a child under 18 years for the purpose of prostitution; and child pornography. It also notes that the new sections 204(a) and 224 of the Penal Code establish sufficiently effective and dissuasive penalties for child pornography and human trafficking, respectively. Furthermore, the Committee had noted that the Working Environmental Act contains penal provisions for employers who violate the Act and commit offences which involve a serious hazard to life or health.

The Committee had previously noted that section 203 of the Penal Code penalizes anyone who has sexual intercourse with a child under 18 for remuneration. This provision states that a mistake concerning the victim’s age does not exclude criminal liability, unless the offender acted in "reasonable good faith". The Committee had asked the Government to specify the meaning of "reasonable good faith" pursuant to section 203 of the Penal Code. The Committee notes the Government’s information that "reasonable good faith" indicates that the accused must not have acted negligently with regards to the victim’s age. According to the Government, the preparatory works of the Penal Code indicate that it is normally not enough that the offender rests his assessment merely on the victim’s own statement about the victim’s age, unless this explanation is supported by other facts. The Committee notes the Government’s information that there has been one case from the municipal court in Oslo (TOSLO-2003-16444) regarding the meaning of the term "reasonable good faith" in section 203. In this case, the court found that the offender has acted in "reasonable good faith", based on the victim’s own statement of her age, her make-up, and the fact that she had been out late at night. The Committee takes note of this information.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a) and (b). Prevent the engagement of children and provide direct assistance for the removal of children from the worst forms of child labour. Child prostitution. The Committee had previously noted that, according to the follow-up report on commercial sexual exploitation of children published in 1999, the Government has taken a number of measures mainly aimed at preventing children sexual abuse and prostitution, and providing for rehabilitation services for child victims. The Committee once again asks the Government to provide information on the impact of the measures adopted according to the follow-up report on commercial sexual exploitation of children of 1999, with regard to the prevention of children under 18 years from being engaged in prostitution and the rehabilitation and social integration of child victims of prostitution.

Child victims of trafficking. The Committee notes the Government’s information that the following measures have been implemented under the Plan of Action to Combat Trafficking in Women and Children launched in June 2005: (a) improved access to sheltering (the Government, public service providers, and NGOs, are in charge of identifying shelters and other suitable accommodation for victims of trafficking, in order to provide for their rehabilitation); (b) improved access to information (creation of a 24-hour information phone-line and a web site with information about rights of victims of trafficking); (c) improved access to social and health services (a social service centre ensures that victims receive financial, medical and psychological support); (d) a 45-day reflection period, granting a temporary renewable resident permit and a work permit to victims who decide to cooperate with the police; (e) special victim protection measures for victim witnesses; (f) funding for outreach teams in the prostitution community in Norway, providing for information, health services and legal counselling; (g) funding of several shelters and rehabilitation centres of governments, international organizations and NGOs in countries of origin. The Committee also notes the Government’s information that four research programmes have been implemented to produce a "state of knowledge" on the situation of trafficking in women and children in Norway, with the collaboration of NGOs. The Committee takes due note of this information.

Clause (d). Identifying and reaching out to children at special risk. Children at risk in the Baltic Sea region. The Committee notes that, according to Norway’s first report of October 2004 regarding the implementation of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, Norway is continuing to cooperate on work with children at risk under the auspices of the Council of the Baltic Sea States. According to the same source, the members of the Council of the Baltic Sea States and Ukraine, Belarus and Moldova, will soon have finished drawing up a plan of action for unaccompanied and trafficked minors. The target group of this plan will include minors who are sexually exploited or in forced labour. Furthermore, Norway has also taken the initiative for a survey (to be completed by September 2004) in the Baltic region of young people’s attitudes to sexuality, sexual abuse, sexual exploitation, and purchase of sexual services.

The Committee requests the Government to provide information on the impact of the Plan of Action for Unaccompanied and Trafficked Minors on protecting children at risk in the Baltic region from the worst forms of child labour. It also asks the Government to provide information on the survey of young people in the Baltic region.

Separated children seeking asylum. The Committee had previously noted that, according to the Plan of Action for Combating Trafficking in Women and Children, a number of measures have been taken in order to address the situation of separated children seeking asylum, such as the issuing of guidelines for various agencies when a separated child disappears from a reception centre. The Committee once again asks the Government to provide further information on the measures taken in order to address the situation of separated children seeking asylum.

Article 8. International cooperation and assistance. 1. International cooperation. Following its previous comments, the Committee notes that, according to Norway’s first report regarding the implementation of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, Norway is providing support to the UNICEF programme on protection of children, including on the issues of trafficking and sexual exploitation. In addition, as part of the National Plan of Action to Combat Trafficking in Women and Children, the Government has funded a number of projects directed at children in the Balkans, Romania, Bangladesh, Nepal, Zimbabwe and Ethiopia. The Committee notes that, according to the same source, Norway initiated a co-operation with Denmark, Sweden, Iceland and Ireland on the safety, awareness, facts and tools (SAFT) project. This project is intended to disseminate knowledge about safe use of the Internet to children and young people, parents, teachers and others, especially targeted on combating the sexual abuse of children and sexual exploitation of minors. The SAFT web site also includes a hotline and an electronic form which the public can use to send tips directly to the National Criminal Investigation Service (KRIPOS) on matters such as pictures of child abuse. KRIPOS is involved in international cooperation on intelligence and on the investigations on matters covered by the Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. The Committee notes the Government’s statement that Norway signed on 16 May 2005 the Council of Europe Convention on Action Against Trafficking in Human Beings.

2. Regional cooperation. The Committee had already noted that a number of measures were proposed under the Nordic Baltic Campaign against Trafficking in Women and Children to raise awareness and combat trafficking. It had also noted that Norway is participating actively in the important efforts to combat human trafficking on the auspices of the Stability Pact for South-Eastern Europe. The Committee notes that Norway participates in the Baltic Sea Task Force on organized crime under the Baltic Sea States. Moreover, Norway is a member of the Task Force against Trafficking of Human Beings in the Barents Euro Artic region and of the Nordic Baltic Task Force against Trafficking in Human Beings.

The Committee requests the Government to provide information on the concrete measures taken pursuant to the abovementioned international and regional initiatives and plans of action and on their impact on the elimination of the worst forms of child labour.

Part V of the report form. Following its previous comments, the Committee notes the Government’s information that to date there is no case law connected to the new provision on child pornography (section 204(a)). However, there is a considerable amount of case law concerning the earlier section 204(1)(d). These cases involve production, importation, possession and dissemination of child pornography in different forms, possession of pictures and videotapes of a sexual nature depicting children. The Committee also notes the Government’s information that at present one case involving trafficking in children for sexual exploitation is under investigation. Five cases are in court proceedings. There are no court cases regarding human trafficking (section 224). The Committee notes the Government’s statement that the majority of the trafficking in human beings cases detected in Norway regards women trafficked for the purposes of sexual exploitation. The police have not detected any cases of child labour in Norway.

The Committee notes that, according to the Norway’s first report of 2004 regarding the implementation of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, a survey on child and youth prostitutes has been carried out in 2003 in Trondheim, one of the largest cities in Norway. One of the reported conclusions is that young people do not necessarily think that exchanging sex for payment is prostitution. It also notes that this survey was due to be continued in 2004. The Committee asks the Government to communicate the results of the survey regarding child prostitution.

The Committee requests the Government to continue providing information, including extracts from inspection reports, studies and inquiries and statistical data 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, convictions and penalties applied.