Bodies for the promotion of equal treatment (Article 13 Directive 2000/43)

• Author: Løvdal, Lene
• Pages: 75-84

75

7 BODIES FOR THE PROMOTION OF EQUAL TREATMENT (Article 13 Directi ve

2000/43)

a) Body/bodies designated for the promotion of equal treatment irrespective of

racial/ethnic origin according to Article 13 of the Racial Equality Directive

The Equality and Anti-Discrimination Ombud and the Anti-Discrimination Tribunal

(Equality Tribunal) are the specialised bodies for the promotion of equal treatment

irrespective of racial or ethnic origin according to Article 13 of the Racial Equality

Directive.

The organisation and mandate of the Norwegian equality bodies were changed under the

new Act on the Equality and Anti-Discrimination Ombud and the Equality and Anti-

Discrimination Tribunal of 16 June 2017 No. 50 (EAOA), in force as of 1 January 2018.

The Ombud no longer functions as a first instance complaints mechanism, but provides

advice to victims of discrimination and others. In 2019, the Ombud has decided to

provide assistance in a few cases before the Equality Tribunal, as they have seen that

this is necessary to ensure that the complainants’ side of the story is a dequately

described and argued before the tribunal, and thus to achieve effective access to

justice.250 However, this approach is limited to a small number of cases, and to issues

that affect many people.

b) Political, economic and social context of the designated body

There is evidence both of recent positive political support for the designated bodies and

of recent political hostility to the designated bodies. On the one hand, one of the political

parties in the current multi-party Government has several times stated that it does not

want equality bodies, and the Progress Party, the second largest party in the Government

coalition, has had two ministers for justice who have repeatedly made racist comments,

with apparently limited reactions from the Prime Minister.251 On the other hand, the same

Government has changed the Act on the Equality and Anti-Discrimination Ombud and the

Anti-Discrimination Tribunal so as to give the tribunal the power to award damages for

injury of a non-pecuniary character upon breach of the act (as of 1 January 2018), as

well as several other improvements regarding anti-discrimination measures. 252 It is

assumed that this will lead to a greater effectiveness of the legislation as well as

increasing access to justice for victims of discrimination.

There is evidence of popular debate that is supportive of equality and diversity and of the

designated bodies. In one area, popular debate is, in principle, positive and the political

rhetorical debate is supportive of equality and diversity. However, the current

Government has pushed forward a number of changes in relation to immigration and

migrants that are a cause for concern, given that the plans are fragmented and have

been sent on public hearings with short timeframes, making it difficult to understand

their consequences. There has also been an increase in hate speech over several years,

although from 2016 we have seen an increased awareness and increased responses from

both the Government and from the judicial sector.253

250 Equality and Anti-Discrimination Ombud (2019) Annual report 2018, p. 8. Available at:

https://www.ldo.no/nyheiter-og-fag/brosjyrar-og-publikasjonar/Arsrapporter/arsmelding-2018/.

251 After the cut-off date for this report, in January 2020, the Progress Party left the Norwegian Government.

252 For example, changes in the GEADA creating a stricter duty for employers to work proactively against

discrimination, which entered into force after the cut-off date for this report, on 1 January 2020.

253 See, for example, the Government strategy against hate speech

https://www.regjeringen.no/contentassets/72293ca5195642249029bf6905ff08be/hatefulleytringer_uu.pdf

and the report Lenz, C., Lid, S., Lorentzen, G., Nilsen, AB., Nustad, P. and Risea, E. (2018), Tiltak mot

hatefulle ytringer: kunnskaps- og tiltaksoversikt (Report on existing knowledge and policies against hate

speech). An action plan against hate speech has been announced, and should be published in 2020. In

addition an action plan against racism and discrimination on the basis of ethnicity or religion was published

in December 2019: