16. skýrsla Íslands um framkvæmd Alþjóðasamnings um afnám alls kynþáttamisréttis (á ensku)
12
Iceland's 16th Periodic Report
on the Implementation of the Convention on
the Elimination of all Forms of Racial Discrimination
According to Article 9 of the Convention
on the Implementation of the Convention on
the Elimination of all Forms of Racial Discrimination
According to Article 9 of the Convention
PART I
GENERAL OBSERVATIONS
GENERAL OBSERVATIONS
1. The present Report contains information on legislative and other measures taken in Iceland in order to comply with the undertakings provided for in the Convention on the Elimination of all Forms of Racial Discrimination since the delivery of Iceland's 15th Report in March 1999. It furthermore contains, as the occasion may require, further clarifications of individual points discussed in Iceland's earlier Reports. We will also give particular attention to the recommendations made by the Committee on the Elimination of Racial Discrimination on the occasion of the Committee's consideration of Iceland's 14th Report.
2. As regards general information on Iceland and its people, the administrative and judicial systems, the power to resolve whether human rights have been violated, and the applicability of international human rights conventions under national law, a reference is made to a core document concerning Iceland forming a part of the reports of state parties in HRI/CORE/1/Add.26 of 24 June 1993, as these aspects remain unchanged if no particular observations are made to the contrary herein. A reference shall also be made in this respect to the General Observations in Part I of the 12th Report in the document CERD/C/226/Add.12, and to the General Observations in Part I of the 14th Report in document CERD/C/299/Add.4.
3. In Iceland's 14th Report, a reference is made to the amendments and additions made to the human rights chapter of the Icelandic Constitution by Constitutional Enactment No. 97/1995. One aspect of this was the inclusion into the Icelandic Constitution of the equality principle contained in its Article 65, providing that everyone shall be equal before the law and enjoy human rights irrespective of sex, religion, opinion, ethnic origin, race, colour, property, or birth or other status. This principle has firm roots in Icelandic law, and before its inclusion into the Constitution it had been deemed in effect by virtue of constitutional custom. In spite of its having been considered in effect for a long period of time, experience has shown that its inclusion into the Constitution has given it an increased weight and had the effect that it is invoked more frequently. This is evident from various important judicial resolutions in recent years, where this rule has been decisive. The equality principle of the Constitution has not so far been invoked in court in the particular context of racial discrimination, but nevertheless judicial practice provides strong and unequivocal indications as to the legal situation in that respect. As an example, a recent judgment of the Supreme Court of Iceland (Reports 1999:390) may be cited, concerning the right of a disabled woman to study at the University of Iceland. The State was found responsible for taking measures in order to ensure that disabled persons were in fact entitled to university education on an equal footing to others. There can be no doubt that the conclusion would be the same if the courts were called upon to resolve questions of discrimination on other grounds, such as ethnic origin, race or colour.
4. In addition to the equality principle now being included in the Constitution, it is also reflected in many ordinary statutes. An important provision of this kind is Section 11 of the Administrative Procedures Act, No. 37/1993, stating that administrative authorities shall ensure legal harmony and equality in taking their decisions, and that any discrimination between individual parties based on views relating to their sex, race, colour, national origin, religion, political opinion, social status, family origins or any other similar considerations, is prohibited. Section 29 of the Primary School Act, No. 66/1995, also provides that in issuing a general curriculum, organising studies and tuition, and in preparing and selecting study materials, particular care shall be taken that all students receive as possible equal opportunities for study. The objectives of study, tuition and practices in primary school shall be such as to prevent any discrimination on account of origin, sex, residence, social class, religion or disability. The Rights of Patients Act, No. 74/1997, furthermore provides in its Section 1 that any discrimination between patients on grounds of sex, religion, opinion, ethnic origin, race, colour, property, family origins or other status is prohibited. These expressions of the equality principle in ordinary legislation demonstrate clearly its high importance in Icelandic law.
5. As referred to in the 14th Report, para. 14, and the 15th Report, paras. 7-8, the Minister of Education appointed a Committee to formulate an overall policy on immigrants in Iceland, with the participation of representatives from the Office of the Prime Minister and the Ministries for Foreign Affairs, Justice, Social Affairs and Education. The committee delivered its report in June 1997, containing various proposals for amendment in matters relating to foreigners. These relate, among other things, to the need for taking increased account of the needs of foreigners and their children, noting in particular the needs of bilingual children. The committee's report also contained proposals for improvements in the fields of health care, social security and labour relations, and emphasised the need for administrative authorities to have available for foreigners information material in as many languages as possible. The committee's proposals have been under examination by the relevant authorities, while some of them have already been implemented. This relates in particular to the account taken of them in revising the general curriculums for nursery schools, primary schools and secondary schools in 1999.
6. Section 2 of the Act on Nursery schools, No. 78/1994, provides that the objective of nursery schools shall include promotion of tolerance and broadmindedness, and to provide in every respect for equal conditions of upbringing. On the basis of this Act, the Minister for education issues a general curriculum for nursery schools, laying down the policies to be followed as regards the role of nursery schools in upbringing and education. On 1 July 1999 a new, revised General Curriculum for Nursery Schools entered into effect. It provides that nursery schools shall cultivate the general development of children and promote the various manifestations of their personal evolution, the interrelation of which shall also be strengthened. This is to relate to factors including social maturity and sense of social participation, the evolution of which is to be achieved by encouraging the child to show others respect and tolerance, promoting its possibilities to fulfil its own personality without regard to its mental or physical abilities, sex, origins, cultural heritage or religion, and by strengthening its sense of equality with others. The general curriculum also provides that account shall be taken of the needs of each individual child, in order to make possible for it to unfold itself in the company of other children on its own premises. Nursery school is to assist children from other cultural areas in becoming active participants in their new society without losing their ties to their own culture, language and religion. They must acquire self-confidence in their new environment and a realisation of that they are welcome there, in order that they may maintain and strengthen their self-respect and self-confidence. As regards relation with other nations, the general curriculum provides that children must learn that each nation has its own characteristics and its own culture, which must be appreciated and respected. Despite the fact that the world's nations differ in customs and conduct, they should be able to coexist in peace and harmony in the multifarious community of nations. Nursery schools are to cultivate children's respect for others, without regard to their origins, views, languages and religions.
7. The Minister for Education issues a general curriculum for primary schools as authorised by the Primary School Act, No. 66/1995. This includes provisions on the upbringing role of primary schools and the chief objectives of study and tuition. A new, revised General Curriculum for Primary Schools entered into effect 1 June 1999. This provides that primary schools are to receive all children without regard to their physical or mental abilities, their social or emotional condition, or their state of linguistic proficiency. This applies to disabled as well as able children, highly intelligent children and retarded children, children from remote areas, and children who are members of minority groups with different languages, nationalities and cultural heritages. As regards general education, this is to promote tolerance and respect for other people and the environment. Primary schools are to promote healthy judgment, tolerance, benevolence and sense of values. They are also to promote a sense of Icelandic cultural values and a respect for other nations' cultures. The general curriculum refers in particular to equal opportunities for education. It states that any assignments shall suit boys as well as girls, pupils from rural as well as urban areas, and disabled as well as able children, irrespective of origin, religion or skin colour. The general curriculum now in effect mentions for the first time tuition in the Icelandic language for pupils with other native languages. A reference is made to the fact that such pupils have a different cultural, linguistic and educational background. Their preconditions for them successfully to study in Icelandic schools are therefore different. They are consequently entitled to special education in Icelandic with the objective of making them fully capable of participation in Icelandic school work and in Icelandic society. This right is also secured by Section 36 (1) of the Primary School Act, which provides that pupils with native languages other than Icelandic are entitled to special tuition in Icelandic.
8. The General Curriculum for Secondary Schools describes the role and objectives of secondary schools, providing in further detail for the implementation of the educational and tuition policies laid down in the Secondary School Act, No. 80/1996. The general curriculum mentions in particular students with limited knowledge of the Icelandic language. They are expected to be entitled to tuition in Icelandic under a separate study plan.
9. As described in the 14th Report, para 19, the City of Reykjavík has operated an Information and Cultural Centre for Foreigners since 1994. The cost of its activities amounted to ISK 12.5 millions in 1998, and 13.8 millions in 1999. The Centre is a general information and service facility for immigrants and other foreigners residing in Iceland. It also conducts programmes designed to prevent prejudices against persons by reference to nationality or race. In November 1999 work was initiated in formulating a policy of the City of Reykjavík in matters relating to foreigners, which is expected to be introduced to the public next autumn. Establishment is planned of a so-called International House with the participation of other municipalities in the Capital area, and possibly also with State participation. The International House is intended to function as a centre for information, services and cultural affairs for immigrants. Another purpose is to promote variety and diversity in community life, where the interrelations of people of different origins are characterised by knowledge, broadmindedness, equality and mutual respect.
10. On May 9, 2000, Parliament approved a resolution entrusting the Minister for Cultural Affairs with the preparation of a Centre for Immigrants in the Western Fjords in co-operation with the relevant local authorities, the Icelandic Red Cross, and the Western Fjords' Regional Labour Reference Service. The role of the Centre will be to facilitate the interrelations of native Icelanders and foreign nationals, co-operate with the municipal authorities in the provision of increased services to foreigners, prevent problems in the relations between people with different cultural backgrounds, and facilitate the adaptation of foreigners to Icelandic society. As regards immigrants, the Western Fjords differ from other areas when compared to other regions of Iceland. The population of the area includes a sizeable number of immigrants, and their number has increased in recent years. At the end of 1998 630 persons residing there were of foreign nationality, representing 7.3% of the local population. The need for a centre for immigrants there is therefore great, and it is hoped that this will contribute to ameliorate the situation of isolation that immigrants often must face, and to help them become active participants in society, culturally and socially.
11. In the Report of the Committee on the Elimination of Racial Discrimination relating to its consideration of Iceland's 14th Report, further information is requested on Icelandic naturalisation law and its mechanisms. In the 15th Report, an account is presented of the amendments made to the Icelandic Naturalisation Act, No. 100/1952, by Act No. 62/1998, which were made with the objective of granting men the same rights as women as regards naturalisation of their children. We refer to that presentation. Additionally, there follows an account of the chief aspects of the provisions regulating acquisition and loss of Icelandic citizenship.
12. Sections 1 – 6 of the Icelandic Nationality Act provide how people acquire Icelandic citizenship. This is mainly based on descent, but also on domicile in Iceland for a continuous period, as provided for in further detail. The substance of the provisions in question is as follows:
1. Descent
According to Section 1 of the Act, a child will acquire Icelandic citizenship at birth it its mother is an Icelandic citizen, or if its father is an Icelandic citizen and married to the mother. This does not apply, however, if the couple had obtained judicial separation at the time the child was conceived. Section 2 contains provisions on the nationality of the child of an Icelandic father born of a foreign woman to whom he is not married. A distinction is made depending on whether the child is born in Iceland or abroad. If the child is born in Iceland it will acquire Icelandic citizenship when its paternity has been determined in the manner provided for in the Children's Act. If the child is born abroad, the father must, on the other hand, apply to the Ministry of Justice for the child to receive Icelandic citizenship before it attains the age of 18 years, and for this, the father shall consult the child if it has attained the age of 12 years. If the father submits evidence, satisfactory in the opinion of the Ministry, concerning the child and its paternity, the child acquires Icelandic citizenship on confirmation by the Ministry.
According to Section 1 of the Act, a child will acquire Icelandic citizenship at birth it its mother is an Icelandic citizen, or if its father is an Icelandic citizen and married to the mother. This does not apply, however, if the couple had obtained judicial separation at the time the child was conceived. Section 2 contains provisions on the nationality of the child of an Icelandic father born of a foreign woman to whom he is not married. A distinction is made depending on whether the child is born in Iceland or abroad. If the child is born in Iceland it will acquire Icelandic citizenship when its paternity has been determined in the manner provided for in the Children's Act. If the child is born abroad, the father must, on the other hand, apply to the Ministry of Justice for the child to receive Icelandic citizenship before it attains the age of 18 years, and for this, the father shall consult the child if it has attained the age of 12 years. If the father submits evidence, satisfactory in the opinion of the Ministry, concerning the child and its paternity, the child acquires Icelandic citizenship on confirmation by the Ministry.
2. Adoption
According to Section 2 a of the Act, a foreign child adopted by an Icelandic national with the permission of Icelandic authorities will automatically acquire Icelandic citizenship on adoption, if the child is under the age of 12 years. A child under the age of 12 years adopted by an Icelandic citizen according to a foreign decision recognised by Icelandic authorities shall receive Icelandic citizenship on confirmation by the Ministry of Justice at the request of the adoptive parent.
3. Domicile in Iceland
Section 3 makes a foreigner entitled to Icelandic citizenship subject to certain conditions. These are continuous domicile in Iceland since the age of 16 years, and, in addition, residence in Iceland for a period not shorter than 5 years in total. The Ministry of Justice must be notified, when the foreigner has attained the age of 21 years and before he or she has attained the age of 23 years, that Icelandic citizenship is desired. If the person in question is stateless, or demonstrates that he will lose his foreign nationality on acquiring Icelandic citizenship, he may make this declaration having attained the age of 18 years, provided that he has, at the time the declaration is made, been domiciled in Iceland for the pervious 5 years, and has, in addition, resided in Iceland for a period not shorter than 5 years in total.
4. Naturalisation
Article 66 of the Constitution provides that a foreigner shall only be granted Icelandic citizenship by law. The authority of the legislature to grant citizenship in accordance with this provision is twofold. On the one hand the legislature may enact a law granting citizenship to particular individuals, as reflected by Section 6 of the Icelandic Nationality Act. On the other hand administrative authorities may grant citizenship subject to fulfilment of general requirements provided for by statute. This is reflected in Section 5 of the Act. Section 5 provides that the Ministry of Justice may, having obtained the opinion of the Commissioner of Police in the area of an applicant's residence and of the Immigration Service, grant citizenship upon application of the applicant himself, or of his guardian if the applicant has not attained the age of 18 years, provided certain conditions relating to residence, conduct and means of support are fulfilled.
5. Reacquisition of Icelandic citizenship
Section 4 of the Act provides that if a person who has acquired Icelandic citizenship on birth and been domiciled in Iceland to the age of 18 years loses his Icelandic citizenship, he shall be entitled to acquire Icelandic citizenship again, provided he has been domiciled in Iceland for the previous 2 years and declares his desire to this effect to the Ministry of Justice.
6. Children's acquisition of citizenship
According to Section 5 of the Act an unmarried child under the age of 18 acquires Icelandic citizenship if it is domiciled in Iceland and its guardian parent has acquired Icelandic citizenship by reason of residence in Iceland in accordance with its Section 3, or, if the guardian parent has lost Icelandic citizenship, acquires it again in accordance with its Section 4. The same shall apply if the parent has acquired Icelandic citizenship by naturalisation under Sections 5 a or 6. The second paragraph of Section 5 empowers the Minister of Justice to grant Icelandic citizenship to a child born in Iceland, who demonstrably did not acquire any other nationality at birth and has not acquired it, or a right to acquire it, when an application for its citizenship is submitted. The child must have been domiciled and continuously resident in Iceland from birth for at least 3 years. This provision was enacted with a view to the European Convention on Nationality and the United Nations Convention on the Rights of the Child. Finally, paragraph 2 of Section 1 provides that a child found abandoned in Iceland shall, in the absence of proof to the contrary, be deemed to be an Icelandic citizen.
According to Section 2 a of the Act, a foreign child adopted by an Icelandic national with the permission of Icelandic authorities will automatically acquire Icelandic citizenship on adoption, if the child is under the age of 12 years. A child under the age of 12 years adopted by an Icelandic citizen according to a foreign decision recognised by Icelandic authorities shall receive Icelandic citizenship on confirmation by the Ministry of Justice at the request of the adoptive parent.
3. Domicile in Iceland
Section 3 makes a foreigner entitled to Icelandic citizenship subject to certain conditions. These are continuous domicile in Iceland since the age of 16 years, and, in addition, residence in Iceland for a period not shorter than 5 years in total. The Ministry of Justice must be notified, when the foreigner has attained the age of 21 years and before he or she has attained the age of 23 years, that Icelandic citizenship is desired. If the person in question is stateless, or demonstrates that he will lose his foreign nationality on acquiring Icelandic citizenship, he may make this declaration having attained the age of 18 years, provided that he has, at the time the declaration is made, been domiciled in Iceland for the pervious 5 years, and has, in addition, resided in Iceland for a period not shorter than 5 years in total.
4. Naturalisation
Article 66 of the Constitution provides that a foreigner shall only be granted Icelandic citizenship by law. The authority of the legislature to grant citizenship in accordance with this provision is twofold. On the one hand the legislature may enact a law granting citizenship to particular individuals, as reflected by Section 6 of the Icelandic Nationality Act. On the other hand administrative authorities may grant citizenship subject to fulfilment of general requirements provided for by statute. This is reflected in Section 5 of the Act. Section 5 provides that the Ministry of Justice may, having obtained the opinion of the Commissioner of Police in the area of an applicant's residence and of the Immigration Service, grant citizenship upon application of the applicant himself, or of his guardian if the applicant has not attained the age of 18 years, provided certain conditions relating to residence, conduct and means of support are fulfilled.
5. Reacquisition of Icelandic citizenship
Section 4 of the Act provides that if a person who has acquired Icelandic citizenship on birth and been domiciled in Iceland to the age of 18 years loses his Icelandic citizenship, he shall be entitled to acquire Icelandic citizenship again, provided he has been domiciled in Iceland for the previous 2 years and declares his desire to this effect to the Ministry of Justice.
6. Children's acquisition of citizenship
According to Section 5 of the Act an unmarried child under the age of 18 acquires Icelandic citizenship if it is domiciled in Iceland and its guardian parent has acquired Icelandic citizenship by reason of residence in Iceland in accordance with its Section 3, or, if the guardian parent has lost Icelandic citizenship, acquires it again in accordance with its Section 4. The same shall apply if the parent has acquired Icelandic citizenship by naturalisation under Sections 5 a or 6. The second paragraph of Section 5 empowers the Minister of Justice to grant Icelandic citizenship to a child born in Iceland, who demonstrably did not acquire any other nationality at birth and has not acquired it, or a right to acquire it, when an application for its citizenship is submitted. The child must have been domiciled and continuously resident in Iceland from birth for at least 3 years. This provision was enacted with a view to the European Convention on Nationality and the United Nations Convention on the Rights of the Child. Finally, paragraph 2 of Section 1 provides that a child found abandoned in Iceland shall, in the absence of proof to the contrary, be deemed to be an Icelandic citizen.
13. The subject of Sections 7 – 9 of the Icelandic Nationality Act is loss of Icelandic citizenship. This may result from:
1. Acquisition of foreign citizenship
According to Section 7 of the Act a person who acquires foreign nationality by his or her own application or unequivocal assent shall lose Icelandic citizenship. A person who acquires foreign nationality by entering the public service of another state will also lose Icelandic citizenship. An unmarried child under the age of 18 years, who becomes a foreign national with its parent, will also lose its Icelandic nationality.
2. Birth abroad with subsequent stay abroad
It is provided in Section 8 of the Act that an Icelandic citizen who is born abroad and never has been domiciled in Iceland or stayed in Iceland for any purpose that can be interpreted as a desire to remain an Icelandic citizen, shall lose his or her Icelandic citizenship on attaining the age of 22 years. However, the President of Iceland may permit retention of Icelandic citizenship if this is applied for before that time. Nevertheless a person in this situation shall not lose Icelandic citizenship if this results in his or her becoming stateless. The children of a parent losing Icelandic citizenship as provided for in Section 8 of the Act will also lose their Icelandic citizenship, except if this results in their becoming stateless.
3. Release from Icelandic citizenship
Section 9 of the Act provides that the President may release a person from Icelandic citizenship, who demonstrates that he or she will, within a particular period, become a foreign national, or has already become a foreign national. Section 9 also provides that a foreign national who is domiciled abroad may not be denied release from Icelandic citizenship.
According to Section 7 of the Act a person who acquires foreign nationality by his or her own application or unequivocal assent shall lose Icelandic citizenship. A person who acquires foreign nationality by entering the public service of another state will also lose Icelandic citizenship. An unmarried child under the age of 18 years, who becomes a foreign national with its parent, will also lose its Icelandic nationality.
2. Birth abroad with subsequent stay abroad
It is provided in Section 8 of the Act that an Icelandic citizen who is born abroad and never has been domiciled in Iceland or stayed in Iceland for any purpose that can be interpreted as a desire to remain an Icelandic citizen, shall lose his or her Icelandic citizenship on attaining the age of 22 years. However, the President of Iceland may permit retention of Icelandic citizenship if this is applied for before that time. Nevertheless a person in this situation shall not lose Icelandic citizenship if this results in his or her becoming stateless. The children of a parent losing Icelandic citizenship as provided for in Section 8 of the Act will also lose their Icelandic citizenship, except if this results in their becoming stateless.
3. Release from Icelandic citizenship
Section 9 of the Act provides that the President may release a person from Icelandic citizenship, who demonstrates that he or she will, within a particular period, become a foreign national, or has already become a foreign national. Section 9 also provides that a foreign national who is domiciled abroad may not be denied release from Icelandic citizenship.
14. Section 5 of the Rights of Patients Act, No. 74/1997, provides for the right of patients to receive information from the health care system. This right covers information on health situation, the planned treatment, other possible measures and the consequences of inaction, and also makes it possible to obtain the opinion of another doctor or health care professional on the patient's condition and prognosis. The provision states expressly that a patient not speaking Icelandic is entitled to interpretation of this information.
15. Freedom of religion is among the human rights enshrined in the Constitution. Its Article 63 provides that all persons have the right to form religious associations and to practice their religion in conformity with their individual convictions. However, nothing may be preached or practised which is immoral or prejudicial to public order. On 1 January 2000 a new Act on Registered Religious Associations, No. 108/1999, entered into effect, replacing a previous Act on the same subject dating from 1975. The new Act describes in further detail the freedom of religion protected by the Constitution, and provides a basis for the activities of religious associations in Iceland. The new Act abrogates the requirement of the older Act that the leading representative of a religious association shall be an Icelandic citizen. This in deemed to be in step with the general trend of abrogating limitations connected with foreign nationality, and to facilitate for foreigners the practice of their religion. It may also be mentioned that religious practice is protected by Section 125 of the General Penal Code, which provides for fines or imprisonment for up to three months for publicly deriding or belittling the religious doctrines or worship of a lawful religious association active in Iceland.
16. On 11 July 2000 a new, revised Adoption Act, No. 130/1999, entered into effect. This amends Icelandic law in the manner necessary for ratification by Iceland of the Hague Convention of 29 May 1993, on Protection of Children and Co-operation in Respect of Intercountry Adoption. The ratification of the Convention and the new Adoption Act are expected to facilitate the adoption of foreign children in Iceland.
17. It is mentioned in the 15th Report, para 6, that a Bill on Aliens was submitted to Parliament at the beginning of 1999. The Bill was not enacted, and has since been subject to further examination at the Ministry of Justice. The Bill has been amended in various respects, and in scheduled to be submitted to Parliament again in the autumn of 2000. The amendments in questions do not affect the rights proposed for foreigners in Iceland in its former version. The substance of the Bill is described in further detail in the 15th Report, to which we refer.
18. The 14th Report, paras. 25-26, describes the activities of the Human Rights Office and public financial contributions to that office. State contributions to the Office have been increased. It received in 1998 ISK 4,000,000, but contributions to the Office in 1999 and 2000 amount to ISK 6,000,000 each year.
19. Racial discrimination has been given particular attention in Nordic co-operation, which Iceland participates in with Denmark, Finland, Norway and Sweden. It may be noted in that context that a report on Nordic criminal statutes relating to racial discrimination has been published under the auspices of the Nordic Committee of Ministers. A decision was furthermore taken at a meeting of Nordic Ministers of Justice in Greenland on 20 June 2000 to entrust a committee of experts with examining the possibilities for closer co-operation among the Nordic states in preventing and suppressing crimes traceable to racial discrimination and Nazistic attitudes.
20. From the time Iceland's 15th Report was prepared, the number of foreign nationals in Iceland has increased slightly. On 1 December 1995 foreign nationals in Iceland numbered 4,807. On 1 December 1997 they numbered 5,635, and 7,271 on 31 December 1999. Of these, approximately one fourth came from the other Nordic countries, and approximately one half came from other European countries.
21. At the same points in time i.e. 1 December 1995, 10,901 living Icelandic nationals had been born abroad. On 1 December 1997 12,428 living Icelandic nationals had been born abroad, and on 31 December 1999 14,927 living Icelandic nationals had been born abroad. It should be noted that these figures include both those who were born abroad and acquired Icelandic citizenship on birth, and foreigners born abroad who subsequently acquired Icelandic citizenship.
22. For the purpose of comparison to figures from the previous years, a reference is made to tables on the same subjects included in Part I of the 12th, 14th and 15th Reports.
23. The following tables describe some relevant aspects of the ethnic composition of the population in Iceland on 31 December 1999. They show, on the one hand, the number of foreign nationals in Iceland, and on the other the number of Icelandic citizens born abroad.
24. Population 31 December 1999 by Country of Birth and Country of Citizenship:
Population Total 279,049
Country of birth Country of citizenship
Iceland 264,122 271,778
Other countries 14,927 7,271
The Nordic Countries 5,285 1,638
Denmark 2,350 941
Finland 135 90
Faeroe Islands 324 -
Greenland 38 -
Norway 838 302
Sweden 1,600 305
Other European Countries 5,241 3,446
Albania 14 12
Austria 68 36
Belgium 65 40
Bosnia-Herzegovina 4 37
Bulgaria 64 44
Croatia 6 65
The Czech Republic 4 44
Czechoslovakia 85 -
Estonia 15 25
France 249 132
Germany 979 352
Great Britain 709 347
Greece 10 5
Holland 149 113
Hungary 69 52
Ireland 56 39
Italy 87 46
Latvia 6 17
Lithuania 15 66
Luxembourg 81 1
Malta 1 1
Macedonia 2 10
Moldova - 1
Portugal 80 83
Poland 1,290 1,189
Rumania 41 27
Russia 33 140
Slovakia 1 17
Slovenia - 11
The Soviet Union 296 1
Spain 146 87
Switzerland 75 22
Ukraine 8 42
White Russia - 11
Yugoslavia 533 331
America 1,925 828
Brazil 29 21
Canada 192 70
Chile 42 22
Colombia 53 22
Guatemala 29 3
Mexico 34 18
Peru 34 24
United States 1,391 568
Other American countries 121 80
Africa 392 185
Algeria 23 12
Ethiopia 24 7
Cabo Verde 32 16
Kenya 20 7
Morocco 69 34
South Africa 72 33
Other African countries 152 76
Asia 1,982 1,114
China 158 107
India 124 21
Indonesia 74 5
Iraq 13 7
Iran 20 8
Israel 20 3
Japan 46 24
Jordan 14 15
South Korea 35 8
Lebanon 19 2
The Philippines 545 341
Sri Lanka 100 18
Syria 12 4
Thailand 497 395
Turkey 30 10
Viet Nam 182 83
Other Asian countries 93 63
Oceania 102 56
Australia 61 34
New Zealand 40 22
Papua New Guinea 1 -
Stateless 4
PART II
INFORMATION RELATING TO THE IMPLEMENTATION
OF ARTICLES 2 TO 7 OF THE CONVENTION
INFORMATION RELATING TO THE IMPLEMENTATION
OF ARTICLES 2 TO 7 OF THE CONVENTION
Article 2
Paragraph 125. The 14th Report, paras. 35-37, presents a detailed description of how Iceland fulfils its obligations under this provision of the Convention. We refer to those paragraphs.
Paragraph 2
26. As further described in Part I, various special and active measures have been taken in the fields of education and social affairs to improve the status of foreigners in Iceland and secure their rights. In this respect it should be mentioned that the needs of foreigners are specially taken into account in acts of law and in the general curriculums of all stages of education, with the guiding principle that equality is to reign among students in all aspects, as further described in paras. 6-8. An Information and Cultural Centre for Immigrants has also been active for a number of years, and the opening of a similar institution in the Western Fjords is planned, as described in paras. 9-10. Furthermore, booklets have been compiled in various languages in order to provide to foreigners information on their rights and duties in Iceland.
Article 3.
27. There are no particular legislative, judicial, administrative or other measures which have been adopted in relation to this Article of the Convention from the time Iceland's 15th Report was finalised.
Article 4.
28. In Iceland's 15th Report, a description is presented of the provisions of the General Penal Code specifically relating to racial discrimination. These are in Sections 180 and 233 a of the Code. According to its Section 180, the act of denying a person service, or access to any place intended for general public use, or any other public place, is punishable by fines or imprisonment for up to six years, if this is done on the grounds of his or her colour, race or national origin, or other comparable considerations. Section 233 a provides that any person who, by mockery, slander, insult, threat or other means, publicly attacks a person or a group of persons on the grounds of their nationality, colour, race or religion shall be liable to a fine or imprisonment for any term not exceeding two years.29. No person has been prosecuted in the recent years on account of having violated these penal provisions.
30. Freedom of association is protected by Article 74 paragraph 1 of the Constitution. The provision reads as follows in translation: "Associations may be formed for any lawful purpose, including political associations and trade associations; in this respect a licence granted in advance shall not be required. An association may not be dissolved by administrative decision. The activities of an association considered to aim for unlawful objectives may however be banned, in which case legal action shall be brought without undue delay for a judgment dissolving the association."
31. As mentioned in the 14th Report, para. 58, this provision requires that an association must have a lawful purpose to enjoy the protection provided for. No definition is presented of what purposes are lawful. An association aiming to attack a group of persons on the grounds of their nationality, colour, race or religion, by mockery, slander, insult, threat or other means, would be considered to aim for an unlawful objective, as such acts constitute punishable offences according to Section 233 a of the Penal Code.
32. No association has been dissolved by executive order in recent decades, and no case has been brought before the courts for dissolution of an association with the purpose of attacking people on the grounds of their nationality, colour, race or religion. It should also be noted that in recent years no association discriminating between races has been active in Iceland or taken part in general public discussion.
Article 5.
33. The enjoyment of the rights enumerated in this article is secured by law to any person, without regard to race, colour or national or ethnic origin. This is protected by the Constitution and by statute provisions, as further described in paras. 3 and 4.34. Icelandic authorities do not know of any cases or instances where people have complained that private parties have denied them access to public places on the grounds enumerated in Article 5 (f). Such a denial would presumably result in prosecution and conviction under Section 180 of the General Penal Code, the substance of which is described in para. 27.
Article 6.
35. Legislation regulating the Icelandic judicial and administrative systems remains unchanged since the 15th Report was finalised.36. No cases, whether civil or criminal, have been brought before the courts in the recent years concerning racial discrimination. According to information from the Ombudsman of Parliament that office has not received any complaints in recent years where individuals have claimed that they have been discriminated against by the authorities on the grounds of race, colour, or national or ethnic origin. The Ombudsman for Children has not initiated any special recommendations to the authorities on account of problems concerning racial discrimination or prejudices against children.
Article 7.
37. As described in the 14th Report, paras. 20-24, various measures have been taken in recent years designed to create and promote public awareness of human rights and international human rights instruments. These have been taken both by the authorities and several human rights organisations, in particular by the Human Rights Office and Icelandic Save the Children. As regards these measures, a reference is made to paras.70-79 of the 14th Report and paras. 31-33 of the 15th Report. 38. To this it may be added that the Convention is printed in the Icelandic Law Collection published in October 1999. Also, that the 14th and 15th Reports are published on the Internet home page of the Ministry of Justice, and this Report will also be published there. The Ministry's home page also publishes the recommendations of the Committee on the Elimination of Racial Discrimination made on the occasion of its consideration of Iceland's 14th Report. Later recommendations of the Committee will also be published on the Internet and distributed to the public media.