Dr. Maria Lundberg
Geneva, 27 Nov. 2013
Norwegian Centre for Human Rights, Law
Faculty, University of Qslo,. Norway
Madame Chair
The Forum on minority issues provides an important occasion for exchange among a wide range of
person and institutions concerned about minority rights protection. In this year's forum the issue of
religious minorities is addressed and 1 would like to draw the attention to the good practice and
experience gained in Norway in promoting the right to effective participation and consultations with
indigenous peoples in Norway, the Sami people, and the possibilities for using this experience when
addressing issues which concern decision-making affecting the rights of religious minorities.
Today a public debate on the circumcision of boys is on-going in Norway. Circumcision is practiced by
different religious minority communities in Norway. Freedom religion or belief, minority rights and the
rights of the child are some of the human rights brought into the debate, The right offreeciorn of
religion or belief is entrenched in the Constitution of Norway and the constitution will be revised in
order to include a catalogue of human rights in which one article should address the respect of the
individuals' cultural identity, which in the commentary to the proposal for revision should include the
rights of minority persons not to be denied to enjoy their own culture according to article 27 of the
ICCPR.
I would like to highlight the possibility of the application of the principle of free prior and informed
consent in relation to decision-making which affect the culture and religious practice of religious
minorities, such as the circumcision of boys. The Human Rights Committee has interpreted Article 27
of the ICCPR to require that in relation to "measures which substantially compromise or interfere
with the culthrally significant economic activities of a minority or indigenous community" "participation
in the decision-making process must be effective, which requires not mere consultation but the free,
prior and informed consent of the members of the community." ()Angela Poma Roma v, Peru, para,
7.6. )The question is whether this criterion also could be applicable to the processes which could aim
at the limitatiOns of the rights of freedom of religion or belief of religious minorities in accordance with
Article 18 ICCPR, such as the regulation of the practice of circumcision . of boys according to religious
and cultural precepts.
In such process the interfaith dialogue and consultatidns among different religious minorities is of
greatest importance to create a climate of trust and cooperation in order to make it possible to
achieve a result which respect the different cultural and religious values of the communities. The
State authorities should ensure that acceptable and effective institutional and procedural
arrangements are in place. In the case of the Sami people in Norway, the Samidiggi, the Sami
parliament a public consultative body of the Sami people in Norway.
Thank you, Madame Chair for the opportunity to present at this Forum,