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TITLE: ICELAND HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
ICELAND
Iceland is a constitutional republic and a multiparty
parliamentary democracy. Its people participate in high
percentages in regular, fair, and free elections which
determine the distribution of power among political parties and
leaders.
The civil and criminal justice systems offer equal protection
to all. The nation has no indigenous military forces or
political security apparatus.
Iceland has a mixed, open economy, in which all of its citizens
have the right to hold private property.
Icelanders have long been strong defenders of human rights.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
Political and extrajudicial killings did not occur.
b. Disappearance
There were no instances of abductions or disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture and other cruel, inhuman, or degrading treatment or
punishment are prohibited by law and do not occur. Prison
conditions are good but many prisons are antiquated, and
controls on prisoners are lax. An increased frequency of
escapes in 1993, some involving violent offenders, led to a
public outcry for prison reform. In response, the Justice
Minister appointed a panel to recommend changes to existing
regulations. At year's end, the panel had not yet reported its
findings. There were no reports of physical mistreatment of
prison inmates by prison officials or other inmates in 1993.
Nutrition was adequate and medical care was available to
prisoners at all times, as was access by family members.
Prison facilities were sanitary, and recreation was provided.
Most of the few prisons were relatively full. Consequently,
prisoners sometimes were put into temporary quarters, for a
maximum of 2 months, before being relocated to permanent prison
quarters. Conditions in temporary quarters generally were
equivalent to those in permanent quarters. The Government
permitted independent monitoring of prison conditions by a
local monitoring group, Vernd (Protection).
d. Arbitrary Arrest, Detention, or Exile
Due process is provided by law and observed in practice. The
Constitution states that any person arrested by the authorities
must be brought before a judge without undue delay. The judge
must rule within 24 hours whether the person is to be
detained. Although the Constitution allows for bail, it is
usually not imposed as a condition for release. A judge's
ruling may be appealed immediately to a higher court.
There is no specific legal limit on the maximum length of
pretrial (investigative) detention, but it usually ranges from
a few days up to as much as 6 months, the latter in cases in
which the detainee has appealed the sentence to the Supreme
Court. Before July 1992, pretrial detention sentences were
generally served in isolation. Subsequently, according to the
new law, judges must rule specifically on the question of
isolation. Court orders to hold prisoners incommunicado must
be justified by the need to preserve the integrity of a
continuing investigation. All pretrial detention sentences may
be appealed to the Supreme Court, which must return a ruling
"as soon as possible." In practice, this generally means a few
days. Preventive detention is not practiced.
There were no allegations of arbitrary detention.
There is no exile.
e. Denial of Fair Public Trial
Defendants have a right to be present at their own trials and
are guaranteed the right to competent legal counsel of their
own choosing. In cases in which defendants are unable to pay
attorney's fees, the State assumes the cost. Defendants have
the right to access to an attorney sufficiently in advance of
the trial to prepare a defense. Defendants may confront
witnesses and otherwise participate in public trials, which are
fair and free from intimidation. Defendants and their
attorneys have access to government-held evidence relevant to
their cases and enjoy a presumption of innocence. All
defendants have the right to appeal. No groups are barred from
testifying, and within reason all testimony is given the same
weight. The courts are free of political control. Although
the Ministry of Justice administers the lower court system, the
Supreme Court guards its independence and fairness. Juries are
not used, but multijudge panels are common, especially in the
appeals process.
A major reform of the Icelandic judicial system, separating
judicial and executive power in regional jurisdictions, was
fully implemented in July 1992. The measure transfers all
judicial authority for criminal and civil cases from local
officials, who also served as chiefs of police, to newly
established district courts. The reform was the direct result
of an Icelander's complaint to the European Commission of Human
Rights in which the complainant, charged with a traffic
violation, argued that it was unjust for an official of the
same agency which accused him to try him.
There are no political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Under the Constitution and in practice, there is deep respect
for the autonomy and rights of individuals. A warrant from a
court is required to enter a private house except in cases of
hot pursuit. Arbitrary intrusions by official entities,
political organizations, or any other organized group into the
private beliefs or personal liberties of individuals do not
occur.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution expressly forbids censorship and other
restrictions on the freedom of the press and freedom of
individual expression. Citizens and the media exercise these
freedoms extensively. Iceland has a public broadcasting
system, state television and radio, as well as private
television and radio which broadcast a wide spectrum of views.
All newspapers are privately owned.
Academic freedom of expression is vigorously exercised.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for the right to unarmed assembly,
except when the police fear that such gatherings may cause
riots. Plans for public meetings are virtually never rejected,
and the authorities rarely modify them. The Constitution
provides citizens the right to join together formally or
informally in associations without governmental authorization.
A varied and wide spectrum of voluntary organizations plays a
vital role in Icelandic politics and society.
c. Freedom of Religion
Although the Lutheran Church is the established church and most
citizens are nominally members, there is complete freedom for
other faiths. Both Christian and non-Christian faiths are
allowed to proselytize freely. They may maintain ties with,
and receive support from, coreligionists abroad.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Icelanders have freedom to travel at home and abroad, to
emigrate, and to return at will. Iceland observes the
provisions of the 1951 Geneva Convention Relating to the Status
of Refugees and its 1967 Protocol. "Spontaneous" asylum
seekers are usually required to return to the country of first
asylum pending a Justice Ministry ruling on their application.
Refugees are never compelled to return to a country in which
they would face persecution. The Icelandic Red Cross
facilitates the social and economic integration of refugees and
those granted residence permits on "humanitarian grounds."
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The political system is an open, fully functioning,
parliamentary democracy in which voters freely choose the
members of the Althing (Parliament) who, in turn, enact the
laws of the land and determine the composition of the Cabinet.
Parliamentary elections are held at 4-year intervals unless the
Althing dissolves, on request of the Prime Minister to the
President or in the event of a no-confidence vote, before the
end of its full term. Voting in elections and membership in
political parties are open to all citizens 18 years of age or
older. Althing candidates are selected in primary elections
and caucuses. Multimember districts and proportional
representation increase the chances for minority points of view
to be represented. In addition, there is a strong cultural
insistence on having the views of all significant groups
represented in the Althing.
However, Iceland's theoretically proportional system of
representation is heavily weighted to favor sparsely populated
rural districts over urban areas. Redistricting to reflect
population shifts to the cities would require parliamentary
action, which, though proposed by some Members of Parliament
(MP's) in 1993, was not taken.
The center/right coalition Government was formed following
national elections in April 1991. It consists of the
Independence Party and the Social Democratic Party, with David
Oddsson of the Independence Party as Prime Minister.
Three of the four top governmental positions--the Chief Justice
of the Supreme Court, President, and Speaker of the
Althing--are occupied by women. The latter two positions are
largely ceremonial. There is an active and influential
feminist political party, the Women's List, which elected 5
M.P.'s to Parliament in 1991 and received 8.3 percent of the
vote.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Human rights associations, including groups working in the
interest of women, children, the disabled, and prisoners, are
active in Iceland. Human rights issues are sometimes
considered in the court system, generating amendments to
existing law.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Iceland's ethnically homogeneous population is strongly
egalitarian and opposed to discrimination, regardless of
whether it is based on race, sex, religion, disability, or
other factors. Government legislation and practice reflect
this attitude.
Women
Violence against women, both physical and mental, continued to
occur at a comparatively low rate. The issue gradually
received increased public attention, in great part through the
efforts of the Women's List political movement, which raised it
periodically in political debate. A public women's shelter in
Rekjavik offers protection to approximately 370 women and 180
children per year, an increase of 20 and 30 respectively from
1991. There is also a rape trauma center sponsored and
operated by women's organizations. Both are financially
supported by national and municipal governments and private
contributions. Approximately 400 women and children (aged 3 to
70) annually seek assistance at the rape trauma center.
Spokeswomen attributed most of the increase to enhanced public
knowledge of the services provided at the centers.
Approximately 50 percent of those who made use of the women's
shelter cited alcohol abuse by their male partners as a factor
contributing to the violence they suffered. Counseling is
available from social workers and lawyers at the shelter, and
children can continue their schooling during their stay there.
Studies indicate that only a small percentage of cases
involving domestic violence or sexual abuse (rape or attempted
rape, sexual harassment) are reported to the police. Women's
organizations assert that both the state investigative police
and the court system are hostile or indifferent to victims of
domestic and sexual violence. Only two Icelandic citizens,
both men, have been sentenced in cases involving spouse or
child abuse in 1992 and 1993. Spokesmen for the state
investigative police also have asserted that investigation of
domestic violence is a waste of time for the police, who should
concentrate their efforts on "more serious" crime. Women's
organizations claim that female victims, after having accused
men of domestic violence or sexual abuse, are often subjected
to humiliating and degrading police interrogations The
Reykjavik City Hospital emergency ward now has an all-female
staff to care for rape victims, and the police have implemented
a program to educate officers in correct interrogation
procedures. Women's action groups still complain that judges
do not hand out severe enough sentences for sexually related
crimes. They cite as an example that convicted rapists
receive, on the average, from 1 to 2 years in prison.
Major economic and political institutions in Iceland remain
male-dominated. On the basis of credible research, the Women's
List asserts that, despite legislation requiring equal pay for
equal work, Icelandic women do not receive pay equal to that of
men. The party and other active women's organizations have
given this issue top priority. Studies of comparative wage
scales consistently revealed an average difference of
40 percent in the earnings of men and women in comparable
jobs. Although approximately half of the difference might be
explained by longer average working hours among men and their
tendency to work more overtime, there was still a 20-percent
unexplained differential in the wages of men and women.
Since 1991, complaints based on the equal rights law have been
referred to a special committee established under the equal
rights affairs office of the Ministry of Social Affairs. The
committee has only advisory powers and can only make
recommendations to the employer that do not have the force of
law. Only a few complaints have been made to the committee.
Nonetheless, women's groups speculate that the numbers are much
higher, but that women are reluctant to come forward with
complaints in the small, intimate, and traditionally stoic
Icelandic society. Another factor is that the largely male-led
Icelandic labor unions have not actively supported individual
women who wish to exercise their right to sue.
Children
High respect for children's rights is reflected in Icelandic
legislation and government policy as well as in social
practices. Icelandic law guarantees adequate public day-care
as part of the extensive "law of the child" passed by the
Althing in 1992. Children's play corners are to be found in
every public building or waiting room. There are also high
quality public playgrounds available throughout the country.
People with Disabilities
Disabled individuals are not subject to discrimination in
employment, education, or provision of other state services.
The Government has legislated accessibility to public buildings
for the disabled.
Section 6 Worker Rights
a. The Right of Association
Workers in Iceland make extensive use of the right to establish
organizations, draw up their own constitutions and rules,
choose their own leaders and policies, and publicize their
views. The resulting organizations are not controlled by the
Government or any single political party. Unions take active
part in Nordic, European, and international trade union
bodies. With the exception of limited categories of workers in
the public sector whose services are essential to public health
or safety (e.g., air traffic controllers), unions have had and
used the right to strike for many years, including in 1993.
According to Organization for Economic Cooperation and
Development (OECD) figures, 76 percent of all eligible workers
belong to unions.
b. The Right to Organize and Bargain Collectively
There are no impediments to union membership in law or in
practice. Virtually all unions exercise their right to bargain
collectively on wages, working conditions, and related issues.
While union membership is theoretically no longer obligatory,
wage earners are required to pay union fees. The closed shop
exists in some industries, established in contracts between
unions and employers. Frequently, the obligation is mutual;
employers agree to hire only union members and, in return, wage
earners agree not to work for employers who are not members of
employer organizations.
A 12-month agreement between the central labor and management
organizations that was reached with the assistance of
government mediation in April 1992 formally expired on March 1,
1993. It continued to be observed in practice throughout
negotiations in the spring of 1993 which resulted in a new
comprehensive labor agreement signed on May 21. Wage earners
did not receive any wage increases, but low-income benefits,
vacation, and December bonuses are to be paid. In conjunction
with the agreement, the Government made a number of political
and economic commitments, including keeping the value of the
currency (krona) stable and lowering value-added taxes (VAT).
The agreement expires on December 1, 1994. Labor courts
effectively adjudicate disputes over labor contracts and over
the rights and provisions guaranteed under the 1938 Act on
Trade Unions and Industrial Disputes, which prohibits antiunion
discrimination.
By law, employers found guilty of antiunion discrimination are
required to reinstate workers fired for union activities, In
practice, the charges are difficult to prove. In a recent case
of a union activist working for the Steelwright Corporation in
Reykjavik, the union was unable to prove in court its suspicion
that the employee had been fired for union activities, rather
than as part of a series of recession-related layoffs.
In June 1993, the European Court of Human Rights issued a
ruling stating that the Icelandic Government had violated the
11th article of the European Human Rights Charter (concerning
the right of free association) by obliging taxi drivers to be
members of a union. The Althing is to consider amendments to
Icelandic law to comply with this judgment.
There are no export processing or other special economic zones.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is prohibited by law and does not
exist.
d. Minimum Age for Employment of Children
Compulsory education legislation stipulates that children must
attend school until the age of 16. The employment of children
below the age of 16 in factories, on ships, and in other places
that are hazardous or require hard labor is prohibited by law,
and this prohibition is observed in practice. Children of 14
and 15 years of age may, however, be employed part-time or
during school vacations in light, nonhazardous work; their work
hours may not exceed the ordinary working hours of adults in
the same occupation. The Occupational Safety and Health
Administration enforces child labor regulations.
e. Acceptable Conditions of Work
Icelandic workers are protected by laws that effectively ensure
their health and safety as well as provide for unemployment
insurance, paid vacations, pensions, and reasonable working
conditions and hours. The standard legal workweek is 40
hours. Work time exceeding the standard 8-hour workday is
defined as overtime and compensated accordingly. Workers are
entitled to 10 hours of rest within each 24-hour period and 1
day off every week. Under special circumstances the 10-hour
rest provision can be reduced to 8, and the 1 day off can be
postponed by a week. In case of the latter, the worker has a
right to 2 additional hours off in the following week.
Although there is no minimum wage law, union membership is so
pervasive and effective that labor contracts, in effect, assure
even the lowest paid workers a sufficient income for a decent
standard of living. Health and safety standards are set by the
Althing and administered and enforced by the Ministry of Social
Affairs through its Occupational Safety and Health
Administration. Food, shelter, health care, and education are
guaranteed without discrimination to those lacking adequate
income because they are too old, too young, sick, or otherwise
disadvantaged.
[end of document]
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