1. The Danish Government can confirm that 12 cartoons representing the ProphetMohammed were published in the Danish newspaper Jyllandsposten on 30 September2005.A number of cases concerning threats against the cartoonists made in Denmark arecurrently being investigated. One person has been indicted due to the fact that on 30September 2005 he told a receptionist at Jyllandsposten that he had the names andaddresses of all the cartoonists and that within 14 days the first one would die. The casewill come before the court on 4 April 2006. In addition, the police is investigating fourcases concerning e-mail and telephone threats in relation to the article in Jyllandsposten.The offender has not yet been identified. Among other reactions following thepublication, a reward was reported to have been offered by a private organisation inIslamabad, Pakistan for killing the cartoonists.2. The publication of the drawings caused a number of private associations to file a reportwith the police claiming that Jyllandsposten had committed an offence under section140 and 266b of the Danish Criminal Code.The report was filed on 27 October 2005, and on 6 January 2006 the Regional PublicProsecutor in Viborg referring to section 749, subsection 2 of the Administration ofJustice Act decided to discontinue the investigation. According to section 749,subsection 2, it may be decided to discontinue an investigation, if there is not areasonable suspicion that a criminal offence indictable by the state has been committed.According to section 140 of the Criminal Code any person, who, in public, ridicules orinsults the dogmas of worship of any lawfully existing religious community in Denmarkshall be liable to imprisonment for any term not exceeding four months or, in mitigatingcircumstances, to a fine. Section 266b of the Criminal Code criminalizes thedissemination of statements or other information by which a group of people arethreatened, insulted or degraded on account of e.g. their religion.In his decision the Regional Public Prosecutor states that the term ”other information”in section 266b includes cartoons, just as cartoons must be considered covered by

section 140 considering that the object of the criminalisation is the insult and not theform, which the insult takes.In his decision the Regional Public Prosecutor also states, that when assessing whatconstitutes a offence under section 140 and section 266b the right to freedom of speechmust be taken into consideration and that the right to freedom of speech must beexercised with the necessary respect for other human rights, including the right toprotection against discrimination, insult and degradation.Based on an overall assessment of the article in Jyllandsposten, including the twelvecartoons, the Regional Public Prosecutor does not find that there is a reasonablesuspicion that a criminal offence indictable by the state has been committed. In hisdecision the Regional Public Prosecutor states that he attaches importance to the factthat the article in question concerns a subject of public interest, which means that thereis an extended access to make statements without these statements constituting acriminal offence. Furthermore, according to the Danish case law f.i. journalists haveextended editorial freedom, when it comes to subjects of public interest. For thesereasons the Regional Public Prosecutor finds no basis for concluding that the content ofthe article constitutes an offence under section 140 or section 266b of the CriminalCode.A possible complaint against the decision can be lodged with the office of the Directorof Public Prosecutions.3. The Government is focusing strongly on ensuring a society with mutual respect andshared democratic values. The Danish democracy is by its very nature inclusive to allcultures and religions.The Danish Prime Minister Anders Fogh Rasmussen touched upon religious tolerancein his New Year’s address of 1 January 2006:“During the past year, we have witnessed a heated debate about freedom of speech, and limits to freedomof speech. There are some who find that the tone of the debate has become too shrill and unpleasant.I wish to state this very clearly: I condemn any expression, action or indication that attempts to demonisegroups of people on the basis of their religion or ethnic background. It is the sort of thing that does notbelong in a society that is based on respect for the individual human being. We have a long history ofextensive freedom of speech in Denmark. We are to speak freely and present our views to each other in astraightforward manner. However, it must be done in mutual respect and understanding. And in acivilised tone of voice. And fortunately, the tone of the Danish debate is in general both civilized andfair. There have been a few examples of unacceptably offensive expressions. And as a matter of fact, theyhave come from more than one party to the debate. We must strongly repudiate those expressions.However, the few instances of offensive behaviour must not be allowed to overshadow the fact that thedebate and the general situation in Denmark is much more quiet and peaceful than in many othercountries.

In Denmark, we have a healthy tradition of putting critical questions to all authorities, be they of apolitical or religious nature. We use humour. We use satire. Our approach to authorities is actuallyrather relaxed. And to put it bluntly: it is this unorthodox approach to authorities, it is this urge toquestion the established order, it is this inclination to subject everything to critical debate that has led toprogress in our society. For it is in this process that new horizons open, new discoveries are made, newideas see the light of day. While old systems and outdated ideas and views fade and disappear.That is why freedom of speech is so vital. And freedom of speech is absolute. It is not negotiable.However, we are all responsible for administering freedom of speech in such a manner that we do notincite to hatred and do not cause fragmentation of the community that is one of Denmark’s strengths.Danish society is very strong in the sense that usually we are rather good at achieving results throughdialogue. And the reason is that in general we treat others with consideration and we have confidence ineach other, confidence in the institutions of society, confidence in a set of principles that are fundamentalto our society. We have based our society on respect for the individual person’s life and freedom, freedomof speech, equality between men and women, a distinction between politics and religion. Our point ofdeparture is that as human beings we are free, independent, equal and responsible. We must safeguardthese principles. For they are some of the ties that produce cohesion. That is why we find it easy tocooperate, easy to perform common tasks, and that is why we also find it easier to address new challengesLet us stand united to protect a society that allows us freedom to differ. And a society in which there is astrong sense of community based on fundamental values. A Denmark that has not only strongcompetitive power, but also a strong sense of cohesion.”In an Op Ed on 4 January 2006 in a Danish national newspaper, the Danish Minister ofForeign Affairs Per Stig Møller warned against disrespect among religions. He statedinter alia that:“The objective is not to blame through intolerance all Muslims for supporting al-Qaeda, but …tocontribute to the development and reform that the Muslim world is actually engaged in.” Without“mutual tolerance …there can be no true dialogue or real cooperation.”At a conference with Danish Muslims, cultural and political personalities, journalists etc.on 7 September 2005 the Danish Minister of Refugee, Immigration and IntegrationAffairs Rikke Hvilshøj stated that:“Polarization and conflicts based on false arguments and false divisions must be stopped. Therefore,dialogue across cultures and religions in order to find common ground seems more necessary in today’sglobalized world than ever before. (…) Muslims, Christians, Jews and Atheists are all free to practicetheir beliefs. And as long as they respect the rights and freedoms of others, they earn the right to receivethe same respect in return. (…) The fabric of our society is the freedom we all have as well as theresponsibility we all have to one another. (…) We have all seen and heard about radical andantidemocratic movements, who want to destroy all this. We all know that these movements do notrepresent Islam or any other important religion. (…) Here in Denmark many of our Muslim citizensare hard working and well integrated. In fact the Danish society could hardly function without thecontribution of citizens of immigrant and Muslim origin. (…) We [i.e. the Danish Government] are incontinuous dialogue with Muslim representatives about our common challenge of protecting democracy –and hence also protecting the place of Islam, Christianity and other convictions in our society. (…) We

will repeat again and again, that democracy is there to give freedom to all of us – also to have the religionof our choice and to dress the way we want.”

Dialogue with the Islamic community

Working to ensure that religious leaders become co-players rather than opponents vis ávis society is one of many roads the Government pursues to achieve mutual respect andunderstanding.The Danish Prime Minister has held dialogue meetings with representatives ofminorities in the Danish society on two occasions; the latter in September 2005 was heldsolely with representatives from the Muslim communities in Denmark.The Minister of Refugee, Immigration and Integration Affairs has also had meetingswith imams of the Islamic society in Denmark in April and September 2005.The dialogue meetings are characterized by the Government’s respect towards Muslimsin Denmark as well as its wish for stronger community participation, active citizenship,freedom and equality, better opportunities for the young and prevention ofradicalization.

The national Council for Ethnic Minorities and the Local Integration Councils

The Government is engaged in continuous dialogue with ethnic minorities through thenational Council for Ethnic Minorities and the Local Integration Councils.The Council for Ethnic Minorities was established in 1999 by a comprehensiveintegration law, The Integration Act, aiming to promote the participation of new citizensin all areas of society. The Council advises the Minister of Refugee, Immigrant andIntegration affairs on issues of importance to immigrants and refugees. The Councilfurthermore comments on new initiatives and has the right to comment on generalissues relating to ethnic minorities but can not deal with individual cases, complaints orthe like.The Council consists of 14 members who are elected among representatives fromthe local integration councils in the municipalities. The Ministry of Refugee,Immigration and Integration Affairs provides secretarial assistance to the Council forEthnic Minorities.The Council meets with the Minister of Refugee, Immigrant and Integration affairsevery three months to discuss current problems, new initiatives and legislation. Inaddition to these meetings, the Minister of Refugee, Immigrant and Integration affairscan ask the Council to comment on specific issues and action plans whenever necessary.

The Council is also taking part in various working groups that has been set up by theGovernment to deal with problems of importance to immigrants and refugees.The local integration councils consist partly of members representing local associationsof ethnic minorities, so as to ensure that the interests of immigrants and refugees aretaken care of at the local as well as at the national level. The local integration councilsadvise the local authorities on issues related to the local integration policies and assistthe politicians and the local authorities to ensure an effective and coherent effort tointegrate ethnic minorities in local society.The majority of the local integration councils either have a formal right to be heard inmatters concerning the local integration policies or are consulted by the local authoritieson such issues. The local integration councils therefore have a rather close dialogue withthe local politicians and authorities.

Action Plan to Promote Equal Treatment and Diversity and Combat Racism

At the World Conference against Racism in South Africa in 2001, the internationalcommunity affirmed the need for resolute action to combat all forms of racism, racialdiscrimination, racial hatred and related intolerance. The World Conference wasconcluded by the adoption of a declaration and programme of action to combat racism.The programme of action urges states to establish national policies and action plans tofight racism.In November 2003, the Government issued its Action Plan to promote Equal treatmentand Diversity and combat Racism. The Action Plan is appended to the enclosedsixteenth and seventeenth periodic report of Denmark to the UN Committee on RacialDiscrimination.Research on educational barriersOne serious problem today is the excessively high drop-out rate among youngimmigrants and descendants who fail to complete courses of education. Therefore TheDanish Think Thank on Integration - an expert committee set up by the DanishGovernment - has, as part of the implementation of the Action Plan, conducted a surveyto investigate reasons for the non-completion of studies among ethnic minority youth –and whether the dropout rate might be due to discrimination or intolerance ateducational facilities. One of the conclusions is that lack of Danish language skillsamong ethnic minority youths forms part of the problem.The government has furthermore initiated a survey into the transition from Danishlanguage teaching for foreigners to the rest of the educational system to give personswith an ethnic minority background easier access to education.Diversity and tolerance through dialogue and debate

Freedom to differ can only thrive if there is a broad support in society for commonfundamental democratic values of freedom, equality, responsibility, duty and activeparticipation.People can meet in open democratic dialogue in a variety of ways: by active politicalparticipation, in the public sphere, in local neighbourhoods, at work and throughcultural activities and participation in voluntary organisations of different kinds.Several of the initiatives in the Action Plan are aimed at dialogue and debate in civicsociety to promote equal treatment and diversity and combat racism through improvingperceptions of and communication between citizens regardless of ethnicity and atbuilding mutual understanding. Dialogue encourages acceptance of differences andcounteracts the development of a divided society.ToleranceTo further the process towards support in society for common values, the Action Planincludes an initiative to launch a process aimed at stimulating dialogue about democracy,citizenship and diversity. It is important that this process is not only going on betweencentral-level politicians, civil servants and experts, but takes place at all levels of society,including in local communities.As part of the initiative, the Government in cooperation with national youthorganisations seeks to develop ethnic minority organisations’ work with themes ofdemocracy, citizenship etc. The ethnic minority organisations are furthermoreincreasingly included in the general cooperation between voluntary organisations inDenmark. An important aim is to involve more people of ethnic origin in voluntaryorganisations.Public debateThe Action Plan furthermore contains an initiative to support smaller local - oftencultural – events on advantages of, and potential barriers to, a tolerant society with roomfor diversity.These events – which are often organised at schools, in local associations, at theatres, inresidential areas - bring people together, help eliminate prejudice and create mutualunderstanding of similarities and differences.Active participation in political lifeAnother initiative is directed towards the participation of ethnic minorities in politicalactivities. Political participation strengthens the community as well as tolerance andrespect for other people. As part of the initiative, Local Integration Councils and

educational institutions have held local meetings and seminars on democracy, electionsand political participation.Sharing responsibility for a nuanced debateA further aim of the Action Plan is to facilitate a nuanced debate. In this respect thegovernment believes in highlighting good examples, including in the media, ofintegration and diversity where respect for other people and equal citizenship comesfirst.One example is the campaign “All Young People are Needed”, which is aimed athelping ethnic minority youth break the patterns of negative stigma and eliminate thedifferences of levels of education and employment existing between ethnic minorityyouth and the general population. One of the aims is to get young people with ethnicminority background to choose from a wider range of educational possibilities than whathas traditionally been the case, promote the completion of studies or vocational trainingamong ethnic minority youths.As part of the campaign, role models – who are themselves youths with ethnic minoritybackground that have chosen occupations not traditionally chosen by immigrants andtheir descendants - visit schools in selected regions in Denmark, thereby motivating andhelping young people to choose and complete a relevant education.The Government will furthermore launch a campaign on diversity and equal treatmentand against racism to create awareness of the principles of equality and diversity.

International conventions on the protection against discrimination

Denmark has ratified several international conventions, which prohibit certain forms ofdiscrimination, including discrimination on the grounds of religion.These include the European Convention on Human Rights, the International Covenanton Civil and Political Rights, the Convention on the Elimination of All Forms of RacialDiscrimination and ILO convention no. 111 on discrimination in regards ofemployment and occupation.Denmark attaches utmost importance to compliance with its international commitmentsand no law is passed and no policy adopted without due consideration to Denmark’sinternational obligations.

Legal safeguards against discrimination

The Government has continuously sought to strengthen legal safeguards againstdiscrimination.

Thus, in May 2003 the Danish Parliament adopted the Act on Equal Ethnic Treatment.The Act aims to ensure a high level of protection against racial discrimination and toimplement into Danish law the non-employment aspects of the EU Racial EqualityDirective.The Act includes a prohibition of discrimination on the grounds of racial and ethnicorigin as regards access to social protection, including social security and health care,social advantages, education, access to and supply of goods and services, includinghousing, and membership of and access to services from organisations, whose memberscarry out a particular profession. The Act also includes a prohibition of harassment onthe grounds of race and ethnic origin.Furthermore, the Act includes a prohibition of victimisation, thus protecting individualsfrom any adverse treatment or adverse consequence as a reaction to a complaint or toproceedings aimed at enforcing compliance with the principle of equal treatment.The Act includes provisions on shared burden of proof, ensuring that the principle ofequal treatment is applied effectively. The shared burden of proof implies that whenthere is a prima facie case of discrimination, the burden of proof in court cases shiftsback to the respondent when evidence of such discrimination is brought.The Act also implies that victims of discrimination are entitled to compensation fornon-pecuniary damage in case of breach of the prohibition of racial discrimination. TheAct implies that any breach of the prohibition of discrimination should normally triggercompensation for non-pecuniary damages.Finally, by the Act the Danish Institute for Human Rights was given the power tohandle individual complaints on discrimination on the grounds of race and ethnic originoutside the labour market, cf. below.In the following year, by Act No. 253 of 7 April 2004 amending the Act on Prohibitionof Discrimination on the Labour Market, by which the employment aspects of theDirective was implemented, the authority of the Institute was further extended toembrace individual complaints concerning discrimination in the labour market.The prohibition against discrimination in the labour market is not limited todiscrimination on the grounds of race or ethnic origin but also prohibits discriminationon the grounds of colour of skin, religion or faith, political observation, sexualpreference, age, disability, national or social origin. Complaints of discrimination on anyof the grounds prohibited by the act, including discrimination on the grounds of ethnicorigin, race, religion or faith, can be lodged through unions or at the courts.The prohibition of discrimination in the labour market covers the whole period ofemployment, including hiring, dismissal, transfer, pay, conditions of work and furthertraining.

Specialised bodies and other institutions

The Danish Government has established the Danish Centre for International Studiesand Human Rights, cf. Act No. 411 of 6 June 2002, as a successor to the former DanishCentre for Human Rights established in 1987.The Centre, which started its work on 1 January 2003, includes an Institute forInternational Studies and an Institute for Human Rights.The Institute for Human Rights is established and works in accordance with the UNParis Principles adopted by the UN General Assembly on 20 December 1993. It isvested with competences to promote human rights as recognized by the internationalcommunity at any given time, including the Universal Declaration of Human Rights,United Nations conventions and conventions of the Council of Europe on human rightsand the fundamental freedoms recognised in the Danish Constitution.The mandate of the Institute covers a wide range of activities, including research,counselling of the Parliament and the Government on human rights obligations,education on human rights, promotion of equal treatment regardless of race or ethnicorigin, provision of information and documentation on human rights, support to non-governmental organisations (NGO’s) in collecting documentation on human rights,coordination among NGO’s, Nordic and international cooperation within the field ofhuman rights and contribution to the implementation of human rights in Denmark aswell as internationally.The Institute monitors whether the Government observes its human rights obligationspursuant to the Constitution and international treaties, including the freedom of religionand belief.In spring 2003, the Institute for Human Rights set up the Committee on EqualTreatment (Ligebehandlingsudvalget), which is composed of persons having knowledgeand experience within the fields of ethnicity, disability, gender, religion and faith andsexual inclination. The Committee aims to formulate a national strategy for equaltreatment. In 2004, the Committee’s work concentrated on illustrating activities tofurther equal treatment and to combat discrimination. A report on equal treatment –about status and future perspectives – is intended to be the basis for further work onand for equal treatment.Specific powers have been assigned to the Institute for Human Rights and specificfunding has been allocated to the Institute for the protection of ethnic minorities. Thus,with the establishment of the Danish Centre for International Studies and HumanRights the Institute for Human Rights was established as the Danish body for thepromotion of equal treatment as required by Article 13 in the EU-directive on RacialEquality (2000/43/EU). The Institute has in accordance with the requirements of

Article 13 in the Directive been given the power to assist victims of discrimination, toconduct surveys concerning discrimination and to publish reports and makerecommendations on discrimination, cf. Act no. 374 of 28 May 2003.The Danish Parliament has subsequently decided to further expand the powers of theInstitute for Human Rights within the field of ethnic equality by granting the Institutethe power to handle individual complaints on racial discrimination both on and outsidethe labour market, cf. Act no. 253 of 7 April 2004. The EU Racial Equality Directivedoes not require the establishment of an administrative complaints body, and theDanish Parliament has, thus, moved beyond what was required by the Directive.The Institute may review complaints and express its opinion as to whether theprohibition of discrimination and the prohibition of victimisation have been violated.The Institute may furthermore recommend that complainants be granted free legal aid inaccordance with the Danish Administration of Justice Act. There are no fees forbringing a case before the Institute.A victim of discrimination may freely decide whether he or she wants to bring the casedirectly before the courts or to complain to the Institute for Human Rights. However,the main rationale behind the establishment of a complaints body is to provide victimsof discrimination with a flexible, inexpensive and swift alternative to the ordinary courts.On the basis of a decision from the Institute, the victim of discrimination may decidewhether or not to bring the case before the courts.The Institute has been allocated 6.0 mill. DKR on a yearly basis (approx. 0.8 mill. Euros)to perform the above mentioned tasks.For further information reference is made to Denmarks sixteenth and seventeenthperiodic report concerning the International Convention on the Elimination of all formsof Racial Discrimination submitted in pursuance of article 9 of the InternationalConvention on the Elimination of All Forms of Racial Discrimination to the Committeeon the Elimination of Racial Discrimination in June 2005 (annex).

Copenhagen 23 January 2006

1 annex

Response by the Danish Government to letter of 24 November 2005 from UN Special

Rapporteur on freedom of religion or belief, Ms. Asma Jahangir, and UN Special

Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and