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- The UN gives clear criticism

The Ministry of Justice claims Norway has not been criticized by the UN Children's Committee, only "recommendations". But the Ministry of Children will not say that. – The UN clearly criticizes asylum treatment, says the head of the International Law Commission in Norway.





(THIS ARTICLE IS MACHINE TRANSLATED by Google from Norwegian)

Disagreement. – We believe Secretary of State Pål Lønseth is wrong when he claims that Norway is not criticized by the UN Children's Committee. The UN's remarks criticize Norway because the children are not receiving good enough care. This means that the care the children receive is below the minimum standard required by the UN Convention on the Rights of the Child. Much of the criticism is directly relevant to children with temporary residence, and current practice leads to clear violations of these children's rights.

This is what Janne Raanes, leader of Save the Children's Norway program, says. She reacts to statements made by the Ministry of Justice's State Secretary Pål K. Lønseth (Labor Party) to Ny Tid on 2 November. Lønseth responded there, in writing, to criticism advanced in the debate after Margreth Olin's film The Others:

“The Children's Convention is first and foremost general and overall rules and wishes. It is not very specific. Many pull the contents of it quite far. But Norway has not been criticized by the Children's Committee. "

This, Lønseth wrote in an email on questions of Norwegian authorities committing breach of the UN Convention on the Rights of the Child vis-à-vis single minor asylum seekers, where several are granted temporary residence only from 15 to 18 years before being forced to be deported.

- Recommendations

When Norway was last examined by the UN Committee on the Rights of the Child, in 2010, Norway received comments from the Committee for its treatment of single minor asylum seekers. The UN lists five points (PDF, p. 11, para. 50) Published on BLD's website) and start by writing that "The Committee expresses concern at: a) the superficial assessment of which children are affected by armed conflict…." (p. 11 on

When Ny Tid again contacts Lønseth, he maintains that he believes the UN has not criticized Norwegian practice. On the debate pages in this week's Ny Tid, he writes that «Norway has received a number of recommendations in the field of immigration… What is nevertheless clear is that the UN Committee on the Rights of the Child has not expressed that Norway is violating its obligations under the Convention on the Rights of the Child. Comments on possible points for improvement are something other than allegations of violations of the Convention on the Rights of the Child. "

To Ny Tids journalist, Lønseth now writes:

- Individuals and organizations have in various debates on issues related to asylum-seeking children claimed that Norway violates the Convention on the Rights of the Child. This has not been stated by UN agencies, and I do not think it is a correct statement either. Norwegian immigration authorities relate to the obligation that follows from the Human Rights Act and the Immigration Act to give priority to the UN Convention on the Rights of the Child in the event of any conflict with Norwegian regulations, Lønseth writes in an email to Ny Tid.

Save the Children criticism

On November 20, the UN Convention on the Rights of the Child celebrates the 23rd anniversary. Raanes in Save the Children is concerned about how the remarks from the UN Committee on Children will now be followed, considering Lønseth's response.

- We think it is startling how Lønseth believes the Norwegian authorities should look at criticism from the UN Children's Committee. In this way, he reduces the importance of the committee's comments and recommendations, rather than trying to do something about it. Save the Children is left with the impression that the Ministry of Justice is trying to run away from the responsibility when it comes to these children. The fact is that there is a big gap between the treatment of these children and the treatment of other children, says Raanes.

- But is a remark the same as a breach of the UN Convention on the Rights of the Child?

- The word "breach" is not a word that fits into the form of the children's committee. Also, in the criticism of countries that have very serious challenges with the fulfillment of children's rights, such as Congo and Afghanistan, the words "the committee recommends" or "the children's committee is concerned" are also used to explain the violations. The purpose of the comments from the Children's Committee is to define how a state is obliged to act in accordance with the obligations of the Convention on the Rights of the Child.

The comments that the Children's Committee has about asylum seekers are a very clear message that Norway must improve its practice when it comes to treating asylum children. This cannot be dismissed by the government, says Raanes in Save the Children.

Expert criticism

The Ministry of Children and Inclusion, which has published the UN statement on its website, gives a somewhat different answer than from the Ministry of Justice. State Secretary Ahmad Ghanizade does not directly answer Ny Tid's question whether he believes the UN Committee on the Rights of the Child has criticized Norway, but says:

- The ministry has a good dialogue with voluntary organizations on the follow-up of the children's committee's comments. We have held several meetings between politicians and representatives of NGOs, says Ghanizade.

The Secretary of State adds:

- The government wants to identify the extent to which children's right to be heard is safeguarded in UNE case proceedings.

One of Norway's foremost human rights lawyers is the profiled lawyer Jon Wessel-Aas, general manager of the International Law Commission's Norwegian branch (ICJ-Norge). He does not agree with Lønseth's interpretations of law UN statement:

CRITICAL: Save the Children Janne Raanes. PHOTO: SAVE THE CHILDREN

- These comments – which, after their own wording, are characterized as concerns – clearly involve criticism, partly of the practice of the current system and partly of new measures that have been notified. That's what Wessel-Aas, who is NRK's ​​former lawyer, now partners with law professor Jon Bing in Bing Hodneland. He UN statement commits to adjustments to current practice:

- The comments imply an expectation from the committee that Norway takes into account, and makes adjustments, according to the comments. On subsequent occasions, it is expected that Norway has either taken the comments, or possibly that you can justify why nothing has been done, Aas concludes. ■

(This is an excerpt from Ny Tid's weekly magazine 16.11.2012. Read the whole thing by buying Ny Tid in newspaper retailers all over the country, or by subscribing to Ny Tid -click here. Subscribers receive previous editions free of charge as PDF.)

Carima Tirillsdottir Heinesen
Carima Tirillsdottir Heinesen
Former journalist for MODERN TIMES.

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