Norwegian Centre for Combating Ethnic Discrimination

Date established:

11 September 1998

Mode of establishment:

On 12th June 1997, the Norwegian Parliament (Stortinget) approved the establishment of the Centre as a pilot programme for a trial period of five years. This was subsequently established by Ministerial Decree on 11th September 1998.

The Government has decided that SMED shall continue to carry out its activities in their current form until the Act relating to legal protection against ethnic discrimination and the Act regarding Discrimination and Equality-Ombudsman enter into force. This is expected to take place on 1 January 2006. SMED’s future form and functions will be set forth concurrently with the new legislation.

Status:

Independent governmental agency / specialised body

The Centre for Combating Ethnic Discrimination is a politically independent office with its own, separate mandate and a board of directors that determines the budget and operating plan. SMED is organised as a state-run administrative agency with special powers, which reports administratively to the Ministry of Local Government and Regional Development. See: http://www.smed.no/en11.asp

Mandate/objectives:

The mandate was set out in the Royal Resolution of September 11, 1998, regarding the establishment of the Centre for Combating Ethnic Discrimination.

• providing free legal aid to individuals who experience ethnic discrimination committed by private or public institutions or entities.
• documenting type and scope of discrimination.
• preventing and deterring ethnic discrimination through information and awareness-raising work aimed at authorities, other public agencies and public opinion.
• SMED will handle cases concerning discrimination exercised by private or public bodies. The cases must be brought by individuals residing in Norway. Cases from individuals may also be brought by proxies such as non-governmental organisations or others.

Grounds of Discrimination covered:

Religion or belief, race, colour or ethnic origin, national origin and language

Competences and responsibilities:

a. Legal aid activities

Pursuant to Act No. 5 of 13 August 1915 pertaining to the Courts of Justice, Section 218, sixth paragraph, the Centre shall provide legal assistance. The Centre shall provide legal assistance free of charge to individuals by: providing advice and guidance; channelling enquiries to the appropriate body; assisting with representation of the party and negotiations.

The Centre cannot bring cases before the courts. In cases involving questions of principle, the Centre can cover the cost of hiring a lawyer to take the case to court.

b. Documentation and external activities

The Centre shall document and monitor the situation with respect to the nature and scope of discrimination and pursue external activities by: recording enquiries and their follow-up; obtaining documentation on discrimination; preparing annual reports on the nature and scope of discrimination; having contact with other parties to prevent and hinder discrimination; forwarding proposals on steps to prevent discrimination in society.

Main activities:

Legal-aid activity

SMED provides qualified legal aid to persons who are discriminated against on the basis of their ethnic or national origin, colour, religion, beliefs, or language. SMED’s legal-aid service is rooted in Section 218, Subsection 6, of the Courts of Justice Act, according to which we can:

• channel requests to the proper agency

• provide information on a person’s rights

• make a legal assessment of a person’s case

• appeal the authorities’ decision and/or handling of a person’s case

• take part in negotiations

• take part in mediation meetings

• refer persons to an attorney

• provide information concerning appeals to regulatory agencies for international human rights conventions

SMED cannot assist in ongoing legal proceedings or litigate before the courts. In cases of principle importance, SMED is authorised to cover attorney’s fees for conducting the case before the courts. A case is of principle importance when the elements of the case concerning discrimination might be found by the court to set a new precedent in the field of discrimination law. For SMED to cover attorney’s fees, it is not enough that the case is a discrimination case alone. Rejected applications cannot be appealed. SMED is not empowered to alter decisions or judgments.

Conducting independent surveys concerning discrimination

According to its mandate, SMED shall also map the nature and scope of ethnic discrimination. SMED accomplishes this by preparing an annual report analysing the nature and scope of ethnic discrimination in key areas of society. The report is based on SMED’s individual cases and on documentation obtained by SMED. The Centre for Combating Ethnic Discrimination also conducts separate surveys in addition to the yearly report.

Publishing independent reports and making recommendations on any issue relating to such discrimination

SMED contributes to increased awareness and knowledge among authorities and other public agencies, and to shaping public opinion, through lectures, conferences and seminars on topics concerning the right to equal opportunity and ban on discrimination. In addition, SMED uses the media in order to reach out with information and to spread knowledge.

Publications:

An annual report on select areas pertaining to the nature and scope of ethnic discrimination as well as various pamphlets, brochures, and other ad hoc reports. These are available online at www.smed.no/publikasjoner.

SMED’s English-language publications are available online at http://www.smed.no/en10.asp

Management:

The activities of the Centre are co-ordinated by the Head of the Office, working in conjunction with a Head of Legal Aid.

Nomination of senior staff and board:

Members of the board are nominated by the Ministry of Local Government and Regional Development. Board members serve for a period of two years and can serve multiple terms.

Number of Staff:

The Centre currently has 13 staff members.

Budget:

In 2004 the Centre was allocated 6,600,000 NOK (Norwegian Kroner).

Accountability:

The Centre reports administratively to the Ministry of Local Government and Regional Development.

Address:

Mailing Address:

Street Address:

Telephone: (00 47) 22 24 69 70

Telefax: (00 47) 22 24 69 72

E-mail: smed@smed.no