NHRI will hopefully be fully operational early 2025

Iceland recently passed legislation to establish a national human rights institution (NHRI), expected to begin operations by 1 January 2025. This institution aligns with the Paris Principles, ensuring independence, pluralism, and a broad mandate to promote and protect human rights. The budget, fully financed, is estimated at 23.9 million Icelandic crowns (approximately 1.62 million US dollars). There are concerns that the elections called for November 2024 might delay the NHRI's implementation.

The role of the Parliamentary Ombudsman was also discussed at length. While the mandate is limited to the investigation of the activities of the executive, Committee members questioned its ability to monitor the implementation of their own recommendations, in particular regarding  detention facilities. The very little number of cases regarding its mandate for whistleblower protection was also discussed.

No change on solitary confinement despite international concerns

Iceland's use of solitary confinement, especially during pretrial detention, remains a concern for the Committee. Solitary confinement is primarily used in early investigation stages to prevent communication between detainees and potential witnesses, particularly affecting juvenile offenders. Several organizations, including Amnesty International, have denounced this widely used practice. Iceland admitted that solitary confinement is applied in about 60% of pretrial detention cases, affecting approximately 0.6 to 1.2% of individuals arrested on suspicion of criminal activity.

Iceland's response to addressing this practice remains vague, focusing on measures to alleviate isolation such as physical exercise, improved communication between prison guards and detainees, and daily mental health assessments.

Asylum seeker policies: detention, integration, and procedural challenges

Protests on deportation in Lögreglan, Iceland

During its review, the Committee highlighted several key concerns regarding Iceland's handling of asylum seekers. A significant issue was the integration of immigrants, especially asylum seekers, into Icelandic society. The Committee pointed out challenges in accessing essential services, such as legal assistance, healthcare, and housing, which are compounded by language barriers and complex legal procedures.

Iceland's use of detention for asylum seekers, particularly the conditions and duration of detention, was also mentioned by the Committee. Members urged Iceland to consider alternatives that align with international human rights standards. Additionally, the Committee questioned Iceland's capacity to efficiently process the growing number of asylum applications, noting delays and resource constraints as areas requiring improvement. They encouraged Iceland to develop strategies to streamline the process while maintaining fair treatment and protection of asylum seekers throughout the procedure.

Watch the review session again here (day 1) and here (day 2).

Disclaimer: Transcripts of the dialogue available here powered by WIPO Speech-to-Text served as the main source of the presented article. While all the information was carefully checked, please refer to the audio or UN WebTV for an official version of the dialogue.

Recommendations of the Human Rights Committee

The concluding observations on Iceland's sixth periodic report were released on November 2024. The State party is requested to provide, by November, 2027, information on the following recommendations:

Anti-corruption measures

The State party should:

• (a) Allocate sufficient human and financial resources to ensure prompt and thorough investigation of all alleged corruption cases, including complex cases involving overseas jurisdictions;
• (b) Ensure effective implementation of Act No. 40/2020 on the Protection of Whistleblowers, including through monitoring the effectiveness of internal whistleblowing channels established by public and private entities under the Act;
• (c) Consider expanding the scope and duration of restrictions on the employment of former senior public officials in the private sector under Act No. 64/2020 on the Prevention of Conflicts of Interest.

Trafficking in persons

The State party should:

• (a) Ensure that all cases of trafficking in persons are investigated thoroughly, that perpetrators, if convicted, are punished in a manner commensurate with the gravity of the acts committed and that victims have access to effective remedies and assistance, including rehabilitation and reintegration support services;
• (b) Enhance the provision of training for law enforcement officials, prosecutors, and judges on human trafficking for the purpose of labour exploitation and the rights of victims;
• (c) Strengthen the labour inspection regime to enhance prevention and detection of trafficking for the purpose of labour exploitation, including through enhanced monitoring of recruitment agencies and employers recruiting posted workers;
• (d) Implement campaigns to raise awareness about the risks of trafficking for the purpose of labour exploitation and the rights of victims of trafficking and migrant workers, including tailored campaigns for migrants and other vulnerable groups such as asylum seekers and foreign students;
• (e) Ensure the systematic collection of disaggregated statistical data on all cases of trafficking in human beings.

Freedom of expression

The State party should:

• (a) Ensure that investigative journalists can carry out their activities without fear that they will face legal harassment and smear campaigns designed to intimidate them or stifle their work;
• (b) Ensure that all allegations of intimidation, harassment and arbitrary detention of journalists and human rights defenders, including those working on anti‑corruption or other issues of public interest, are investigated promptly and effectively, that perpetrators are prosecuted and, if found guilty, punished with adequate sanctions and that victims are provided with effective remedies;
• (c) Amend articles 228 -242 of the Penal Code to ensure that defamation offences are narrowly and clearly defined including so that they do not impede the right of individuals to seek redress in domestic violence cases;
• (d) Take concrete steps to decriminalize defamation or at least restrict the application of criminal law to the most serious defamation cases, bearing in mind that imprisonment is never an appropriate penalty for defamation.

Here you can find all the recommendations given by the Committee in the Concluding Observations.

The follow-up report of Iceland on the implementation of recommendations is due in 2027. The next list of issues will be adopted in 2030, and the next periodic report is due in 2031.