UM del - 2005-06 - Bilag 41: Regeringens besvarelse af henvendelsen fra FN's specialrapportører i sagen om tegningerne af profeten Muhammed i Jyllandsposten.

Table of contentsI. GENERAL OBSERVATIONS .......................................................................................................... 3II. INFORMATION RELATING TO ARTICLES 2 TO 7 AND ARTICLE 14 OF THECONVENTION ........................................................................................................................................ 3Article 2 ........................................................................................................................................................ 3Article 3 ......................................................................................................................................................10Article 4 ......................................................................................................................................................11Article 5 ......................................................................................................................................................16Article 6 ......................................................................................................................................................29Article 7 ......................................................................................................................................................31Article 14....................................................................................................................................................35III. Reporting on Greenland .................................................................................................................35

I. GENERAL OBSERVATIONS1. This is the sixteenth and seventeenth periodic report submitted by the Government ofDenmark in pursuance of article 9 of the International Convention on the Elimination of AllForms of Racial Discrimination. The report deals with changes in national legislation and legalpractices etc. relating to material developments since the submission of the fifteenth periodicreport see doc. CERD/C/408/Add.1 of 21 May 2001 submitted by the Government ofDenmark to the Committee on the Elimination of Racial Discrimination on 23 January 2001.Reference is also made to the concluding observations of the Committee on the Elimination ofRacial Discrimination on that report, doc. CERD/C/60/Misc.33/Rev.4.2. To the extent that no changes have occurred in legislation and legal practice since Denmark’slast reporting to the Committee on the Elimination of Racial Discrimination, reference is madeto the fifteenth report submitted by the Government of Denmark.3. The report is compiled by the Danish Ministry of Foreign Affairs on the basis ofcontributions from the relevant ministries and departments of the Government of Denmarkand the Home Rule Government of Greenland.II. INFORMATION RELATING TO ARTICLES 2 TO 7 AND ARTICLE 14 OFTHE CONVENTIONArticle 2: General measures to eliminate racial discriminationThe Ministry of Integration4. The Ministry of Refugee, Immigration and Integration Affairs (hereinafter referred to as theMinistry of Integration) was established by Royal Decree on 27 November 2001. When theministry was created, several policy fields were transferred to it from other already existingministries. The purpose of creating the ministry was to gather all key areas concerningimmigration and integration in one entity and thereby strengthen policies on integration ofimmigrants and refugees.The Integration Act5. As mentioned in Denmark’s fifteenth periodic report (CERD/C/408/add.1), the Act onIntegration of Aliens in Denmark (The Integration Act) was adopted on 26 June 1998. The Act,which entered into force on 1 January 1999, is the first comprehensive Integration Act inDenmark, which has not previously had a comprehensive set of rules in this field.6. In general terms, the Act aims to ensure that all newly arrived immigrants and refugees canexploit their capabilities and resources and become participatory and contributory citizens onan equal footing with other citizens.

7. The Integration Act stipulates that newly arrived immigrants and refugees must be offeredparticipation in an introduction programme comprising Danish lessons, including classes onDanish society and culture, as well as labour market training, including short term education,work training or employment with a wage subsidy. The act aims at making third countrynationals self-supporting members of the Danish society. The Act also includes rules underwhich immigrants and refugees who cannot support themselves receive a special introductionallowance until they can do so. The introduction allowance is fixed at a low level providing thenecessary incentives for foreigners to seek employment cf. paragraph 20-22 below.General initiatives to improve integration8. The Government is continuously developing new initiatives on how to improve theintegration of foreigners into the Danish society.9. On 17 January 2002, the Government published its policy paper ”A new policy forforeigners”. The paper stresses the general need to adapt employment policies in order toimprove labour market integration of immigrants. The policy paper is enclosed as annex 3.10. On 5 March 2002, the Danish Government published its policy paper “Towards a NewIntegration Policy”. The policy paper is enclosed as annex 4. The policy paper emphasises thatparticipation in the labour market is the key to successful integration and that new citizensliving in Denmark must be seen as a group of people with resources and skills of greatimportance to the Danish society in general and Danish industry and business in particular. Itfurthermore emphasises that integration implies active participation in all aspects of social lifeso that new citizens can become actively involved in, for example, associations and local schoolboards. It stresses the need to improve teaching in the Danish language. It finally emphasisesthat integration is a common concern for the entire Danish society. The policy paper outlines anumber of initiatives aimed at improving the integration of new citizens in Denmark.11. In January 2003, the Government set up a Steering Group on Improved Integration tofollow-up on initiatives already taken and to look at various other aspects of the integrationefforts. The group members were the Minister for Integration (Chairman), the Minister forEmployment, the Minister for Social Affairs and Gender Equality, the Minister for Culture andthe Minister for Education. Other ministers have been involved as required.12. On the basis of work of the Steering Group, the Government's integration policy agendawas published in June 2003 in “The Government’s Vision and Strategies for ImprovedIntegration”. The policy agenda is enclosed as annex 5 to this report.13. This policy paper contains more than 100 concrete initiatives. The strategies consist ofefforts to ensure a coherent and open democratic society, efforts to help persons of an ethnicbackground other than Danish to manage better in the educational system and efforts to helpmore foreigners get a job.

Integration councils14. The rules on the establishment of integration councils were changed with Act no. 1206 of27 December 2003 amending the Integration Act. According to the amendment, localmunicipalities are no longer under an obligation to establish integration councils, but can decideto do so if need be.15. The Act was initiated by a number of local authorities that saw a need for introducing agreater degree of flexibility into the process of determining which councils and commissionsshould be established locally. The Act aims to promote local democracy and formed part of abroader initiative aimed at transferring decision making on the establishment of local boardsetc. within a number of different policy fields to local authorities. There have been noamendments to the rules concerning the functions of the integration councils.16. Today, around 70 integration councils have been established. The councils play an advisoryrole in the municipalities and contribute to the implementation of local integration projects.Measures to improve employment opportunities17. In paragraph 6 of its concluding observations concerning Denmark’s fifteenth periodicreport (CERD/C/60/Misc.33/Rev.4.), the Committee welcomed the improvement ofemployment opportunities for minorities and refugees in the public sector, the creation ofintegration councils to ensure ongoing integration efforts, and the relative success in procuringhousing for refugees, in line with article 5 of the Convention.18. These efforts are being pursued further and the question of participation in the labourmarket is given particular attention. The Government has emphasised that participation in thelabour market is the key to successful integration into Danish society. Promoting labour marketparticipation of immigrants and refugees thus constitutes one of the basic principles andobjectives of Danish integration policy.19. In that context, the Government has put special emphasis on ensuring that integration andlabour market policies aim at providing the necessary incentives and opportunities forimmigrants and refugees to become participatory and contributing citizens on an equal footingwith the rest of the population.20. In June 2002, the Government passed Act No. 361 introducing a new starting allowance toall persons who have not lawfully resided in Denmark for at least 7 out of the preceding 8years. The rules apply to Danish nationals as well as resident foreigners. They also apply toimmigrants and refugees who receive introduction allowance under the Act on Integration. TheAct came into force on 1 July 2002.21. According to the Act, social benefits for newly arrived immigrants and refugees are reducedin order to entice these groups to seek employment.

22. The legislation on starting allowance ensures that persons who are not entitled to cashbenefits will, as a minimum, receive assistance corresponding to the rates of state educationalsupport (SU), which is a subsidy for persons under education.23. According to Act No. 364 of 6 June 2002 amending the Integration Act, planning of theintroduction programme is based on an individual contract, which must be prepared by themunicipality in cooperation with the individual immigrant or refugee.24. The contract must be elaborated on the basis of an assessment of the individual’s abilitiesand background and should aim towards introducing the individual to the labour market orrelevant education.25. The duty to conclude a contract applies to all foreigners within the scope of application ofthe Act on Integration, to immigrants who come to Denmark for family reunification and torefugees who have been granted asylum.Labor market training26. New policies on labour market training have been implemented since Denmark’s fifteenthperiodic report (CERD/C/408/Add.1).27. Labour market training for newly arrived immigrants, refugees and long-term residents havebeen strengthened as part of the implementation of the labour market reform “More peopleinto employment”, inter alia through strengthened contact procedures (a personal interviewwith the unemployed person every 3rd month as a minimum), new and simplified labourmarket training instruments, focus on job seeking activities and activation. The part of thereform, which relates to the Integration Act, was passed as Act No. 425 of 10 June 2003.28. The new and simplified instruments provide the possibility of step-by-step upgrading ofskills for the labour market with a flexible combination of language teaching andeducation/training, work training or ordinary employment with a wage subsidy.29. Every person covered by the scheme will have an individual contract/action plan drawn up,which describes the aim of the linguistic and professional training and the subsequentemployment relevant for the individual.30. The purpose of labour market training is to promote the participation of newly arrivedimmigrants and refugees in the labour market. Newly arrived foreigners, especially refugees,may often have a special need to improve their social, linguistic and/or vocational qualificationsin order to enhance their participation in the labour market. The purpose is furthermore tooffer individual companies a better possibility to evaluate and test the employmentopportunities of the individual refugee or immigrant.31. In order to promote the introduction of the individual refugee or immigrant to employmentor to an education, the municipality may grant support to a mentor scheme for newly arrivedimmigrants and refugees, who participate in labour market activation. The municipality may

furthermore grant support to a mentor scheme for a newly arrived immigrant or refugee inordinary employment. The role of the mentor is to provide support for the immigrant orrefugee at the work place and help this person to learn about and adapt to the Danish labourmarket.Strengthening of the Public Employment Service’s (PES) placement activities.32. The integration measures have been strengthened with “Job net”, which is an Internetbased job and CV-bank. Newly arrived foreigners must - like other unemployed persons whoseonly problem is unemployment – register with the Public Employment Service (PES) andprovide information relevant to their possible work placement to the Job and CV-bank.33. Furthermore, five knowledge centres for clarification of the competences of refugees andimmigrants have been set up to contribute to getting more refugees and immigrants intoordinary employment. The centres aim to provide the municipalities and the PES with betteraccess to qualified knowledge. The centres can offer advice on possibilities in educationalinstitutions and on contacts, the enterprises can offer.34. Mainstream policies and legislation on social inclusion and employment etc. reflect thedesire to promote the integration of unemployed and socially marginalized, long termimmigrants and refugees.Effective and flexible Danish courses aimed at employment – language training.35. Since Denmark’s fifteenth periodic report (CERD/C/408/Add.1), the Danish Parliamenthas passed the Act on Danish Courses for Adult Foreigners and Others of 28 May 2003. TheAct contains detailed regulations for the provision of Danish language classes for both newlyarrived immigrants and refugees as well as for long-term residents.36. It is a basic principle of the Danish approach to language training that Danish coursesshould not prevent the participants from taking employment, but should complementemployment or labour market training.37. In recent years, the Government has therefore put stronger emphasis on second languagetraining and has taken initiatives aimed at providing more effective and flexible Danish coursesfor adult third-country nationals.38. The Act on Danish courses for adult foreigners and others aims to assist third-countrynationals in acquiring the necessary Danish language proficiency and knowledge of Danishculture and society, including knowledge of the Danish labour market. The courses are aimed atstrengthening the employment opportunities of the individual third-country national and mustbe planned on the basis of the individual third-country national’s background and integrationgoals.39. The Danish courses must be planned in a flexible way in terms of time, place and contentto enhance interaction with the student’s employment, labour market training or education. The

classes should complement work training or employment and may take place during or outsideworking hours in order to enhance the employment opportunities of the third-country national.40. In order to make the provision of Danish courses more effective and flexible, Danishcourses are now provided not only by municipal language centres, but also by publiceducational institutions, private language centres or other private providers. Thus, Danishcourses can take place at public educational institutions where the third-country nationalreceives further education or at public or private enterprises where the third-country nationalreceives work training or has obtained ordinary employment. Reference is made to para 143.Research on employment41. When the Integration Act entered into force, the Government initiated an action plan forevaluation of the Act. As mentioned in Denmark’s fifteenth periodic report(CERD/C/408/Add.1), the action plan – among other things – lead to a survey among thelocal authorities in Denmark. The Government continues to monitor closely the effects of theIntegration Act.42. In April 2004, the results of the initial research were published on the effects of theintegration efforts by the local municipalities after the enactment of the Integration Act. Theresearch shows that the municipalities have adjusted their integration efforts since 1999 andnow pursue a more active line of action. The efforts are more directly targeted towardsemployment, coordination between activation and Danish lessons has improved and sanctionsmay be imposed if foreigners do not follow the introduction programme.43. Every year the Ministry of Integration publishes “Statistical Yearbook of Foreigners inDenmark” including analyses on the number of foreigners in Denmark and on their integrationinto Danish society. The 2004 Yearbook contains a chapter on the integration efforts of thelocal municipalities. Furthermore, the Ministry has published “Key Figures from theMunicipalities concerning Foreigners” containing statistics on foreigners and integration in themunicipalities.44. The yearbook shows that the municipalities have improved the activation of refugees andimmigrants in recent years. This is a positive development, but there are still notable differencesbetween the municipalities and in some municipalities there is still room for improvement.However, the general frequency of activation has improved.45. In January 2005, the Ministry of Integration published an evaluation of the implementationof the Integration Act focussing on how the local municipalities handle the integration effortsin an operational perspective. The evaluation shows that the integration efforts of the localmunicipalities have improved, since the implementation of the Integration Act in 1999. Thismeans, inter alia, that the municipalities cooperate with private companies to a much greaterextent than before.46. The Ministry has initiated an examination of the occupational and educational effects of theintroduction programme. Also the effects of the Danish lessons will be measured in research

initiated by the Ministry. The results of the abovementioned research are expected to bepublished within the next six months.Article 2 (c): Review governmental, national and local policies, and to amend, rescindor nullify any laws and regulations, which have the effect of creating or perpetuatingracial discrimination wherever it exists.Incorporation into Danish law47. In para. 3 of its concluding observations concerning Denmark’s fifteenth periodic report(CERD/C/60/Misc.33/Rev.4.), the Committee welcomed the recommendations by the Inter-Ministerial Committee to incorporate the International Convention on the Elimination of allForms of Racial Discrimination into Danish Law.48. The Government has taken note of the recommendation of “The IncorporationCommittee”, but has decided not to incorporate the Convention into Danish law. This decisionis based on several considerations.49.Firstly,the Convention itself does not place any obligations on the State parties toincorporate the Convention into domestic law. When ratifying the Convention, the DanishGovernment followed the standard procedure and assessed, whether domestic law and practicewere in conformity with the provisions of the Convention or, whether any changes to domesticlaw and practice were necessary prior to ratification.50. After ratifying the Convention, the Government has continuously taken steps to ensure thatDanish law and practice is in conformity with the Convention, for instance when draftingproposals for new legislation.51. Hence, the Government is of the opinion that even though the Convention has not beenincorporated into Danish law, Denmark fully respects the provisions of the Convention.52.Secondly,the human rights conventions ratified by Denmark are all relevant sources of lawregardless of the method of implementation, as emphasised by The Incorporation Committee.Conventions that have not been specifically incorporated, because harmony of norms has beenascertained, can be and are in fact invoked before and applied by the Danish courts and otherlaw-applying authorities.53. Considering that the existing state of law in Denmark ensures that the Convention andother ratified - but not incorporated - UN human rights conventions are relevant sources oflaw and are applied by the courts and other law-applying authorities, the Government finds thatit is neither legally necessary, nor politically appropriate to incorporate the Convention intoDanish law.

54. Incorporation would only be of symbolic character, since it would not change anything withregard to the existing state of law in Denmark. The Government is of the opinion that lawsshould not be passed if they only are of a symbolic nature.Asylum and refugee regulations55. In paragraph 17 of its concluding observations concerning Denmark’s fifteenth periodicreport (CERD/C/60/Misc.33/Rev.4.), the Committee expressed concern about theintroduction of new, more stringent asylum and refugee regulations, and encouraged the Stateparty to maintain its standards and ensure that all cases of asylum seekers are decided on meritand without discrimination.56. Since Denmark’s last report to the Committee (CERD/C/408/Add.1), the provisions ofthe Danish Aliens Act regarding asylum have been amended several times.57. When Denmark submitted its last report, the former Aliens Act stated that a residencepermit would be issued to asylum-seekers who were not covered by the Geneva Convention,but who, for reasons similar to those listed in the Convention or for other weighty reasonsresulting in a well-founded fear of persecution or similar violations, should not be required toreturn to their country of origin. At that time such asylum-seekers were issued a residencepermit asde factorefugees (defactostatus).58. By Act No. 365 of 6 June 2002 amending the Aliens Act, the Marriage Act and other Acts,the possibility of obtainingde factostatus was replaced with the possibility of obtainingsubsidiaryprotection statusunder section 7(2) of the Aliens Act. In accordance with the new section 7(2), aresidence permit will be issued to an alien if the alien risks the death penalty or being subjectedto torture or cruel, inhuman or degrading treatment or punishment in case of return to hiscountry of origin.59. Thesubsidiary protection statusis in line with the EU Directive on minimum standards for thequalification and status of third country nationals or stateless persons as refugees or as personswho otherwise need international protection.Article 3: Prohibition against racial segregation60. The “Act on Prohibition against Discrimination on the Basis of Race” prohibitsdiscrimination in connection with commercial or non-profit businesses on the basis of aperson’s race, colour, national or ethnic origin, religion or sexual orientation. The Act wasadopted in connection with Denmark’s ratification of the International Convention on theElimination of All Forms of Racial Discrimination, cf. Consolidated Act No. 626 of 29September 1987. The Act and its associated case law are described, inter alia, in Denmark´sfourteenth report (CERD/C/362/Add.1, para’s. 246-251).61. Information concerning cases of violation of the Act since Denmark´s fifteenth report(CERD/C/408/Add.1)is given under the comments on article 5 (f).

62. In para. 16 of its concluding observations concerning Denmark’s fifteenth periodic report(CERD/C/60/Misc.33/Rev.4), the Committee recommended that the State party monitor thesituation of harassment carefully, take decisive action in protecting the rights of victims and indealing with perpetrators, and report on this matter in its next periodic report. Reference ismade to the information provided in para. 87 and 172-189 concerning the establishment of aspecial complaints body and the existence of a national reporting system of criminal acts andincidents on a presumed racist background, and to annex 2 to this report.63. The Act on Prohibition of Discrimination on the Labour Market etc. has been amended byAct. No 253 of 7 April 2004 due to implementation of the EU directive 2000/43. Since 2000,there have been three Danish Court-cases. All three cases concerned questions of indirectdiscrimination of Muslim women insisting on wearing head cover on job. The first caseconcerned a practical trainee work in a department store. The employer rejected to employ thewoman as a trainee. The High Court sentenced the employer a fine for infringement of thediscrimination act. The second case concerned an employee at a chocolate factory wishing towear a scarf instead of a hat as required according to company regulations. The employer wasacquitted by the High Court. However, afterwards the employee and the employer jointlydesigned a head cover that met the safety requirements of the company as well as the religiousneeds of the employee. In the third case, the Supreme Court dealt with the same issue andfound that the company regulations, which banned any kind of head cover and required aneutral appearance in a large supermarket-chain, were legitimate and did not constitute indirectdiscrimination on the grounds of religion. The Supreme Court thus acquitted the employer.

Article 4(a): New legislation concerning crimes with a racist motivation64. On 16 March 2004, the Danish Parliament adopted an Act, which – among otheramendments – inserted a new provision into section 81 of the Criminal Code (straffeloven). TheAct entered into force on 2 April 2004. The purpose was to include in the Criminal Code anumber of aggravating circumstances, which were already considered as such in determiningthe penalty of a perpetrator according to existing case law.65. Section 81 of the Criminal Code has the following wording (in extract):“In determining the penalty it shall generally be considered as an aggravatingcircumstance,i)-v)…vi) that the offence is based on others’ ethnic origin, faith, sexual orientation or thelike,vii)-xi) …”66. The general scope of the provision in section 81 of the Criminal Code is not limited tocrimes or instances where the motive of the perpetrator has been to threaten, insult or degrade

a person or a group of people. For instance, depending on the circumstances the provision insection 81 is also applicable in cases concerning economic crimes committed to support a racistorganization, of which the perpetrator is a member.Criminal cases concerning racist statements67. Section 266 b of the Criminal Code prohibits the dissemination of statements or otherinformation by which a group of people is threatened, insulted or degraded on account of theirrace, colour, national or ethnic origin, religion, or sexual orientation.68. According to subsection 2 of Section 266 b, it shall be considered an aggravatingcircumstance if the conduct can be characterized as propaganda. Propaganda is understood tobe systematic, intensive or continuous efforts with a view to influencing opinion formation. Ifthe statements are made as part of the activities of an organisation, indications are that they willbe considered as propaganda.69. According to Section 80, subsection 2, it shall be regarded as an aggravating circumstance ifseveral persons commit the offence together.70. In order to ensure proper and uniform enforcement, the Director of Public Prosecutions inSeptember 1995 stipulated that he must be notified of all violations of Section 266 b of theCriminal Code, which are dismissed by the police on the grounds that no offence is assumed tohave been committed. It is further stipulated that all cases in which a charge has been mademust be submitted to the Director of Public Prosecution together with a recommendation as tothe question of prosecution.71. From 1 January 2001 to 31 December 2003, the Danish courts have considered 23 casesconcerning violation of section 266 b of the Danish Criminal Code, which prohibits thedissemination of racist statements and racist propaganda. In some of the cases more than oneperson was indicted. In one case, the court acquitted the person indicted and in another casethe court acquitted one of the two persons indicted. In the remaining 21 cases, the courtsconvicted all the persons indicted.72. As to the manner in which the statements/propaganda were disseminated, four casesconcerned private persons shouting at someone in a public place like the street, a shop or a bus;seven cases concerned statements published on the Internet; two cases concerned statementspublished as advertisements; and two cases concerned statements expressed at political partyconferences. In three cases, the statements were given to the press during interviews or sent tothe press as a press release. In three further cases, the statements were sent by e-mail or byordinary mail to a number of politicians.73. As to the persons expressing these statements, 10 cases concerned statements/propagandafrom politicians (one of whom was acquitted) and one case concerned a spokesperson for areligious movement, whereas the majority of the rest concerned statements expressed byprivate persons.

74. As to the level of sanctions, in five cases the persons convicted were sentenced tosuspended imprisonment (14 - 40 days) though in one of these cases two out of six personsconvicted were given day-fines and the rest a suspended prison sentence. In the remaining 17cases resulting in convictions, the sentence was day-fines, the number and size of whichdiffered according to the nature of the crime, the motive, the personal circumstances of thepersons convicted and their financial situation (usually 10 - 20 day fines).75. Finally, the public prosecution service decided to withdraw charges for violation of section266 b of the Criminal Code in six cases in 2001, seven cases in 2002 and six cases in 2003pursuant to section 721 of the Danish Administration of Justice Act (Retsplejeloven), inter aliabecause of lack of evidence.76. Below is a summary of a few of the convictions:•(a) By judgment of the District Court of Frederikshavn of 31 May 2001, a former editorwas sentenced to 10 day-fines of DKK 200 for having shouted “Nigger” several timesto the President of the Republic of South Africa visiting Denmark.•(b) By judgment of the District Court of Haderslev of 20 November 2001, two localpoliticians (A and B) were sentenced to (A) 20 day-fines of DKK 300 and (B) 15 day-fines of DKK 300 for statements to a journalist, who quoted the statements in anewspaper. A had stated that “In five or six years the blacks [meaning Muslims] willhave bred like rats, …” and “the blacks must be punished according to the MuslimPenal Code. If they steal, we cut off their hands”. B had supported the statements putforward by A and stated: “I could have said exactly the same. It is true: They breed likerats.”•(c) By judgment of the District Court of Hvidovre of 11 October 2002, four youngpoliticians were sentenced to 7 days´ suspended imprisonment for having placed anadvertisement on the Internet and in several technical periodicals stating: ”Mass rape,serious assault, insecurity, forced marriages, suppression of women, gang crime. This iswhat a multiethnic society has to offer.” (accompanied by pictures). The District Courtdid not consider the advertisement to be a statement of a propaganda-like character.Two editors who had printed the advertisement in their periodicals were sentenced to 5day-fines of DKK 500 each. The Eastern High Court characterized the advertisement aspropaganda and increased the sentence of the four young politicians to 14 days´suspended imprisonment – the two editors did not appeal their sentences.•(d) By judgment of the Eastern High Court of 14 March 2003 a spokesperson for areligious movement was sentenced to sixty days’ suspended imprisonment for havingstated on a home page on the Internet and in a leaflet that was handed out: “Kill themwherever you find them and drive them away from the place that they drove you awayfrom. The Jews are a slanderous group of people, and they betray and violate obligationsand pacts, and they invent lies…” and “coward Jews…” and other similar statements.

•(e) By judgment of the District Court of Næstved of 2 September 2003 a person wassentenced to 10 day-fines of DKK 250 for having painted a swastika on the front of ashop owned by a person of non-Danish ethnic background.•(f) By judgment of the Supreme Court of 3 December 2003 a politician was sentencedto twenty days’ suspended imprisonment for having stated on a home page on theInternet: “The solution is a three stage plan: 1) Capture all Muslims in Denmark (for thispurpose approximately 10,000 additional policemen are needed). 2) Gathering of theMuslims in concentration camps (one concentration camp in each county). 3)Deportation to a destination of choice (the living standard in the camps must begradually reduced for each month that the deadline for leaving the country is overrun)”and other similar statements. The City Court of Copenhagen had found that thestatements did not have a propaganda-like character and only fined the politician 6 day-fines of DKK 500. The Eastern High Court, however, characterized the statements aspropaganda and increased the fines to 20 day-fines of DKK 500. The Supreme Courtalso characterized the statements as propaganda and ordered the above mentionedtwenty days´ suspended imprisonment instead of day-fines.•(g) By judgment of the Eastern High Court of 5 February 2004 a politician wassentenced to 10 day-fines of DKK 400 for having stated the following regardingMuslims in e-mails to 44 Members of Parliament: “Criminals, potential freeloaders ofsociety and confidence abusers, psychopath-like fighters against the unbelieving” andsimilar statements.•(h) In the case mentioned in para 33 in CERD/C/408/Add. 1 (concerning two Swedishnations who, at a demonstration arranged by the Danish neo-Nazis, wore t-shirtsbearing the inscription “kill them all – big and small” on the front and “smash the Jews”on the back) the District Court in Malmö (Sweden) by judgment of 27 February 2001found the two persons guilty of having violated section 8 in chapter 16 of the SwedishCriminal Code (violent agitation against an ethnic group)77. In 2004, prosecution was initiated in two cases, one of which has yet to be decided by thecourts. The other ended with the withdrawal of the charge pursuant to section 722(1)(iv) cf.section 89 of the Danish Criminal Code, because the perpetrator was found guilty on othercharges the day after the violation of section 266 (b) took place and because it was unlikely thatthe perpetrator in question would have been sentenced to an additional punishment of anysignificance if he had been sentenced for the violation of section 266 b, too.78. The statistics concerning violations of section 266 b may be summarized as follows:

Article 4 (b): Prohibation against organisations and all other propaganda activities,which promote and incite racial discriminationRadio Oasen79. In para.11 of its concluding observations concerning Denmark’s fifteenth periodic report(CERD/C/60/Misc.33/Rev.4), the Committee took note of the information on the temporarysuspension of the licence of Radio Oasen and recommended that the Danish Government takedecisive steps to prohibit such organisations in accordance with the Convention.80. Since its temporary ban from broadcasting in 2002, Radio Oasen was later that same yeargiven a new licence to broadcast until 1 May 2006. In accordance with the Danish BroadcastingAct (Consolidated Act 506 of 10 June 2004), the licence was issued by the local radio board“Greve Local Radio Board”. The licence contains the condition that the programmes of RadioOasen may not express attacks on or terms of abuse against specific groups in society. Theprogrammes may not in any form contain incitement to hatred on grounds of race, sex, religionor nationality. A violation of this condition will cause immediate withdrawal of the licence.81. Taking into account the right to freedom of expression, the Government is not consideringchanging the law in order to prevent Radio Oasen from broadcasting. Unless Radio Oasenabuses its licence in violation of the Broadcasting Act or of the conditions of the licence, thelocal radio board cannot withdraw the licence.

speech in Denmark. While acknowledging the need for balance between freedom of expressionand measures to eradicate racist abuse and stereotyping, the Committee recommended thatDenmark carefully monitor such speech for possible violations of articles 2 and 4 of theConvention.83. Furthermore, Denmark was invited to take particular note of para. 85 and 115 of theDurban Declaration and programme of Action, respectively, which highlight the key role ofpoliticians and political parties in combating racism, racial discrimination, xenophobia andrelated intolerance. Political parties were encouraged to take steps to promote solidarity,tolerance, respect and equality by developing voluntary codes of conduct so that their membersrefrain from public statements and actions that encourage or incite racial discrimination.84. The Danish Government gives high priority to the fight against discrimination in any form,including hate speech. The number of criminal proceedings against politicians for violatingsection 266 b of the Danish Criminal Code mentioned above with regard to article 6, illustratesi.a. that the prosecution authorities and the courts do not hesitate to set limits for the freedomof expression for politicians when the said politicians have uttered racist comments, in somecases even comments bordering on hate speech.85. The Durban Declaration and Programme of Action have been forwarded to the DanishParliament as have the concluding observations of the Committee concerning the fifteenthperiodic report from Denmark (CERD/C/60/Misc.33/Rev.4/Add.1).86. In para. 16 of its concluding observations concerning Denmark’s fifteenth periodic report(CERD/C/60/Misc.33/Rev.4), the Committee recommended that Denmark monitor thesituation of considerable increase in reported cases of widespread harassment of people ofArab and Muslim background since 11thSeptember 2001 carefully, take decisive action toprotect the rights of victims and deal with perpetrators.87. As described in para. 184-189, a reporting system is in place to ensure that criminal actswith a presumed racist or religious background, which are punishable by law, are reported tothe National Commissioner of Police. The number of criminal acts reported in relation toArticle 6 indicates that there has been a decrease in such acts from 2002 to 2003. Hence, thesituation concerning harassment of people of Arab and Muslim backgrounds since 11September 2001 now seems to have improved. The Government will, however, continue tomonitor the situation carefully.

88. In paragraph 9 of its concluding observations concerning Denmark’s fifteenth periodicreport (CERD/C/60/Misc.33/Rev.4), the Committee noted that the Act on Integration ofAliens in Denmark (1998) transfers the responsibility for aliens’ integration from the central tothe local authorities. While the Committee welcomed the efforts by the central government tocarefully monitor the local authorities, it recommended that the State party pay particularattention to ensuring that the geographical distribution of aliens within the State party isorganised on the principle of equity and does not lead to violation of their rights recognizedunder the Convention.89. In paragraph 12 of its concluding observations concerning Denmark’s fifteenth periodicreport (CERD/C/60/Misc.33/Rev.4), the Committee expressed concern that policies andpractices such as the housing dispersal policy, the quota system of admitting a definedpercentage of minority children to certain crèches and nurseries and the reported prohibition ofthe use of mother tongue in some of these establishments, might lead to indirect discriminationagainst minorities and refugees, though aimed at facilitating better integration. The Committeerequested more information on this situation in the next periodic report.90. As regards policies of housing of newly arrived recognised refugees, the provisions in theAct on Integration on housing of refugees throughout the country seek to promote thesuccessful integration of newly arrived refugees. The provisions ensure that refugees areprovided with permanent housing as soon as possible after their arrival in the municipality,whereas previously refugees were often settled in temporary housing for up to one or twoyears.91. The system also provides the municipalities with certainty for the planning of theintroduction programme for the individual refugee to the benefit of both the municipality andthe refugee. Finally, the system seeks to avoid segregation and promote the integration ofrefugees and Danes in daily life in both smaller and larger municipalities.92. The Integration Act stipulates that it is left to the municipalities on a voluntary basis toreach an agreement on the number of refugees to be housed in the individual municipality.However, if no agreement can be reached, the Immigration Service makes the decision. TheGovernment receives information on voluntary agreements that have been reached amongmunicipalities and these agreements generally indicate an even distribution of the refugeeshoused in the local municipalities.93. When the number of refugees to be housed in each municipality has been decided, theImmigration Service decides on an individual basis in which municipality the individual refugeeshould live. In that context, the Immigration Service must take into account the personalcircumstances and the needs of the refugee. The Immigration Service examines each case on itsindividual merits. For this purpose, the Executive Order on Housing Allocation, section 14,subsection 1, offers a non-exhaustive list of individual circumstances – e.g. language, culture,networking possibilities, family ties, specific wishes – to be considered, and subsection 2 lists anumber of factors to be considered in relation to the receiving municipality.

94. In 2003, the Immigration Service allocated in total 1866 refugees. Of these, 1325 refugeeshad requested to be housed in specific municipalities. Of these, 501 refugees were housed inthe requested municipality and 458 refugees were housed in a different municipality, but in thesame county as the requested municipality.95. Furthermore, the legislation on housing of refugees provides a possibility for housingrefugees in a particular municipality on the basis of the personal circumstances of the refugee,even though the quota of the municipality does not allow housing of additional refugees amongthe local municipalities.96. A refugee may settle in a different municipality if he wishes to do so. In order to continuehis or her introduction programme in the new municipality, this municipality must acceptresponsibility for the introduction programme. If the new municipality denies assumingresponsibility for the introduction programme and the refugee decides to move anyway, thismay have consequences for the refugee’s access to introduction allowance and permanentresidence permit.97. However, under certain circumstances the new municipality is obliged to assumeresponsibility for the continuation of the introduction programme, i.e. if the refugee has beenoffered employment in the new municipality.98. Furthermore, if the new municipality refuses to assume responsibility for offering anintroduction programme, the refugee in question may still be given access to the labour market,educational facilities and other social and health services. The decision by the new municipalityonly applies to participation in the introduction programme.Bilingual children99. The Government pays particular attention to the subject of allocation of bilingual childrenin day-care facilities and the children’s possibility of speaking their mother tongue in suchfacilities.100. In accordance with the rules for allocating bilingual children in day-care facilities, localauthorities must lay down guidelines for the admission of such children. In this context, localauthorities may decide that special consideration must be given to ensuring a reasonablecomposition of age groups in terms of age, gender and ethnicity.101. Local authorities should, in compliance with existing legislation and in consideration of thechildren and the learning process, strive to ensure that individual institutions do not have morethan a reasonable share of bilingual children, but the authorities cannot establish fixed quotasfor the number of bilingual children in each institution.102. The question of children’s opportunity to speak their mother tongue in day-care facilities isnot governed by legislation. However, a new “Guidance for compulsory language stimulationfor bilingual pre-school infants” is being prepared for publication in 2005.

Guidance to children and young people belonging to ethnic minorities.103. In January 2002, the Government issued guidance on special support to children andyoung people from ethnic minorities. The municipalities must pay special attention to thecultural, ethnic and religious background of the families in connection with guidance to familiesfrom ethnic minorities.104. The same conditions must be taken into consideration when the municipalities appoint aspecial adviser for a child or a young person or a permanent contact person for a child, a youngperson or an entire family.105. If the municipalities reach the conclusion that a child or a young person should be placedoutside its home, the above-mentioned considerations must be part of the plan of action andthe election of the placement outside the child’s home.Research on the distribution of refugees106. At the time of Denmark’s fifteenth periodic report (CERD/C/408/Add.1), theGovernment had carried out or initiated three surveys or studies evaluating the Integration Act,including the question of geographical distribution of refugees.107. In 2003, the Ministry of Integration initiated an additional study on the geographicaldistribution of refugees. The purpose of the study was to examine the effects of the IntegrationAct on the movement patterns of refugees.108. The study shows that prior to the Integration Act, newly arrived refugees were housedmainly in the cities and larger towns. After the introduction of the Integration Act, theallocation of housing for refugees is more widely dispersed, and many smaller municipalitieshave received comparatively high numbers of refugees. The study also concludes that theintroduction of the Integration Act has had an effect on the movement patterns of refugees –at least in the short term.109. The analysis shows that most refugees who have arrived in Denmark after the enactmentof the Integration Act – and who are therefore covered by the rules described above – stay inthe municipality where they were initially settled at least for the three-year introduction period.Only 10 pct. of these refugees move from the municipality, in which they were initially housed,during the third to fourth year in Denmark. There is a clear trend that refugees covered by theIntegration Act move to larger municipalities. Refugees not covered by the Integration Act,because they arrived before 1999, generally chose to move shortly after their arrival.110. It is still very difficult to identify the long-term implications of the distribution of refugees,but the Danish Government intends to follow developments closely. An analysis on thereasons and consequences of segregated housing is expected to be carried out in 2005-2007with financial support from the Government.

Article 5 (d) (iv): The right to marriage111. In paragraph 14 of its concluding observations concerning Denmark’s fifteenth report(CERD/C/60/Misc.33/Rev.4), the Committee restated its concern that equal attention be paidto economic, social and cultural rights, particularly with respect to minorities. The Committeewas concerned about the impact of the amendments to the Aliens Act (May 2000), particularlyas they abolished the statutory right to reunification of spouses under the age of 25 years. TheCommittee encouraged the State party to take effective measures to ensure that the right tofamily life is guaranteed to all persons in Denmark without distinction. It recommended thatthe State party report on this issue in its next periodic report.112. Since Denmark’s last report to the Committee (CERD/C/408/Add.1), the provisions ofthe Danish Aliens Act regarding spousal reunification have been amended several times. It isnow a condition that both spouses must have attained the age of 24 years and that the spouses’aggregate ties with Denmark must be stronger than with any other country. Moreover, in orderto attain spousal reunification the spouse residing in Denmark must provide a bank guaranteeof DKK 50,000 to cover any public expenses for assistance to the foreign spouse, and may nothave received any public assistance for sustenance within the last year before the familyreunification.113. The condition that both spouses must have attained the age of 24 to be eligible for familyreunification is set out in section 9(1) (i) of the Aliens Act. This condition was inserted into theAliens Act by Act No 365 of 6 June 2002 amending the Aliens Act, the Marriage Act and otherActs, and replaced the previous 25-year-rule.114. According to the explanatory notes relating to the current 24-year-rule, the rule is designedto reduce the risk of forced and arranged marriages. The older a person is, the better he/shecan resist pressure from his/her family or others to contract a marriage against his/her ownwill. The rule also promotes better integration because it contributes to improved educationaland work opportunities for young people.115. This condition applies to everybody, that is, all persons living in Denmark irrespective ofethnic origin, be they Danish nationals or resident foreigners.116. According to the current Aliens Act, another condition for family reunification is that thespouses’ aggregate ties with Denmark must be stronger than their ties with any other country,cf. section 9(7) of the Aliens Act. This condition was also inserted into the Aliens Act by ActNo. 365 of 6 June 2002 and replaced a more lenient condition of ties.117. According to the explanatory notes relating to the current condition of ties, integration isparticularly difficult in families where generation upon generation fetch their spouses toDenmark from their own or their parents’ country of origin. Among foreigners and Danishnationals of foreign extraction who live in Denmark, there is a widespread tendency to marry aperson from one’s own country of origin, among other reasons due to parental pressure. Thistendency contributes to the retention of these persons in a situation where they, more

frequently than average, experience problems of isolation and maladjustment in relation to theDanish society. The tendency thus renders the successful integration of foreigners newlyarrived in Denmark more difficult.118. The purpose of the condition of ties set out in section 9(7) of the Aliens Act is to ensurethe best possible starting point for the successful integration of family members wanting to bereunited with their family in Denmark, while protecting young people against pressure fromtheir family or others to enter into arranged marriages or forced marriages with spouses from acountry and with a cultural background distinctly different from the young people’s own dailylives and cultural reality.119. The condition of ties applies to everybody, that is, to all persons living in Denmarkirrespective of ethnic origin, be they Danish nationals or resident foreigners.120. Since it was introduced in 2002, the current condition of ties has been modified by ActNo. 1204 of 27 December 2003 amending the Aliens Act. Accordingly, no married couple hasto satisfy the condition of ties if the spouse living in Denmark has been a Danish national for28 years or more.121. It follows from the explanatory notes relating to the exemption from the condition of tiesthat persons who have not been nationals for 28 years, but who were born and raised inDenmark or came to Denmark as small children and were raised here, will usually be exemptfrom the condition of ties if they have resided in Denmark for 28 years. These people are inpractice subject to the same treatment as persons who have been Danish nationals for 28 years.122. As already mentioned, a person living in Denmark must normally provide a financialsecurity of DKK 50,000 to cover any future public expenses for assistance to the foreignspouse, cf. section 9(4) of the Aliens Act, in order to obtain family reunification. Furthermore,the spouse living in Denmark must not have received any public assistance for sustenance forthe period commencing one year prior to the date of the application for reunification andending when residence is granted, cf. section 9(5) of the Aliens Act. These conditions wereinserted into the Aliens Act by Act No. 365 of 6 June 2002 and complement the condition thatthe spouse living in Denmark must undertake to maintain his foreign spouse.123. According to the explanatory notes relating to the conditions introduced, the general ruleis that everybody must maintain him- or herself. This also applies to foreigners coming toDenmark to be reunited with a spouse. The condition of financial security as a prerequisite offamily reunification ensures that foreigners reunified with a person in Denmark will notbecome a financial burden to society, but contribute to achieving broader popular goodwilltowards and understanding of aliens. Indications are that a person living in Denmark has abetter chance of making a positive contribution to the integration of a foreign spouse into theDanish society and labour market if he has been working himself over a period of time.124. These conditions apply to everybody, that is, all persons living in Denmark irrespective ofethnic origin, be he or she Danish nationals or resident foreigners. Finally, according to theexplanatory notes, the said conditions of family reunification will be administered in such a way

that family reunification will be granted in situations where refusal thereof would be contrary toDenmark’s international obligations, in particular Article 8 of the European Convention onHuman Rights on the right to family life and Article 12 on the right to enter into marriage andfound a family.125. As an example, it will be considered to grant family reunification to a refugee living inDenmark, although not fulfilling all the conditions usually imposed, if he must be consideredexcluded from taking up residence in his country of origin. As another example, granting offamily reunification will also be considered in special cases, where it would be particularlyburdensome to expect the couple to take up residence in another country.126. On 15 December 2004, the Government put forward a bill (Bill 149 of 15 December 2004amending the Aliens Act, the Marriage Act and the Repatriation Act) in which it was proposedto insert an explicit reference to the regard for family unity in relevant provisions related tofamily reunification. The proposal aims to clarify the right to family reunification. It states thatthe possibility of granting residence permit despite non-fulfilment of one or more of thestatutory conditions should be considered in each individual case so as to ensure sufficientregard for family unity.127. The proposal should be seen as a result of the Government’s dialogue with Mr. AlvaroGil-Robles, Council of Europe Commissioner for Human Rights, who submitted a reportcontaining a number of recommendations to Denmark in the field of immigration in July 2004.128. However, due to the fact that parliamentary elections were called on 8 February 2005, theBill was withdrawn, but on 23 February 2005 it was reintroduced as Bill 78 of 23 February 2005amending the Aliens Act, the Marriage Act and the Repatriation Act.Article 5 (e) (i): The right to work, to free choice of employment, and to just andfavourable conditions of workMeasures to increase the quality of work129. In para 15. of its concluding observations concerning Denmark’s fifteenth periodicalreport (CERD/C/MISC.33/Rev.4), the State Party was reminded that although it is not obligedto provide work permits to foreign residents, it should guarantee that foreigners who areentitled to a work permit are not discriminated against in their access to employment.130. The Government is working to improve measures aimed at increasing the quality of workin the fields of equal opportunities and education. The Government finds it important that itsstrategy creates a synergy between considerations of social inclusion and social security on theone hand, and considerations of economic efficiency on the other. This is becomingincreasingly important in the light of the demographic development, which will increase theneed for labour in the future.

131. The Government is also working to create aninclusive labour marketby promoting adialogue on this matter, subsidised employment for persons with reduced working capacity,social chapters in collective agreements and corporate social responsibility.132. The Government has followed up on its objectives and the initiatives launched in the fieldof integration. The overall objective continues to be integration that allows all foreigners toparticipate in working and social life on an equal footing with the rest of the population.Unemployment among immigrants and descendants from non-Western countries continues tobe significantly higher than among Danish citizens. The reason for the higher unemploymentrate among persons of foreign origin is complex. A large proportion remains outside the labourmarket due to lack of educational skills, lack of working experience as well as to some extentlack of incentive to seek employment.133. The framework for integration has most recently been supplemented by simplifiedactivation offers, including guidance and upgrading of skills, practical work experience andwage subsidies. In addition, mentor arrangements and Danish language lessons are available.The new rules came into effect in 2004. The main strategy underlying the new rules is thatforeigners coming to Denmark should be given an active start and find employment as soon aspossible – primarily through a combination of lessons in Danish and attachment to aworkplace. Five centres have been established to seek clarification on the qualifications andcompetences of foreigners in order to contribute to raise their employment rate.Unemployed persons134. Reference is made to the information provided in para 35-40. The Public EmploymentService (PES) may offer Danish language training to unemployed persons with an ethnicbackground other than Danish. This serves as an early activation measure after 1 month ofunemployment, if such language training is necessary in order to improve the possibility of theunemployed person to enter the labour market. The language training is targeted at the jobmarket. It consists of “pure” language training with a view to passing a language test. Job-related language training, e.g. on a vocational training centre in connection with vocationaltraining courses, may also be offered.135. In November 2003, the Government presented its “Action plan to promote equaltreatment and diversity and to combat racism”, enclosed as annex 1 to this report. In 2004, thefocus has primarily been to ensure effective follow-up measures to the initiative of thepreceding years and to ensure that the improved legislative framework is fully exploited by themunicipalities, the Public Employment Service and the enterprises. Furthermore, a“Government strategy against ghettos” was published in May 2004. One of the objectives ofthe strategy is to turn residential areas housing ethnic minorities into positive platforms forlabour market integration of immigrants and refugees.136. The Action Plan includes a number of initiatives targeted at the labour market, includingan initiative concerning workplaces based on diversity as well as an information campaignconcerning the causes of labour market exclusion and intolerance on the labour market.

137. The “ice-breaker scheme” - a scheme of wage subsidies - was discontinued at the end of2002. The experiences have been good. Today, unemployed persons with an ethnic backgroundother than Danish receive enterprise-targeted offers in pursuance of the Act on activeemployment measures, “More people into employment”. This involves jobs with wagesubsidies, practical training in enterprises and the mentor scheme.Social responsibility of Danish enterprises138. The most recent studies of the social responsibility of Danish enterprises seem to indicatethat the Government’s initiatives to promote and support social responsibility have beensuccessful. According to the studies, there has been an increase since 2001 in enterprise ledinitiatives in most fields. On integration, the studies show that more than 20 per cent ofenterprises employ immigrants/refugees. The number of immigrants/refugees in employmenthas increased by more than 40 per cent.139. About 71 per cent of all immigrants and descendants in Denmark originate from a non-Western country (i.e. countries outside Scandinavia, the EU and North America).140. The unemployment rate for immigrants and descendants from non-Western countries was11.7 per cent as of January 2003, while the Danish unemployment rate is 4 per cent. Theparticipation and employment rate are respectively about 79 per cent and 77 per cent forDanes, and 53 per cent and 47 per cent for immigrants and descendants from non-Westerncountries.Average unemployment according to origen, 2000-2003Average no unempl.Average unempl. pct. acc. toacc. to origenorigenForeign DanishSumForeign DanishSum20002001200220031924718329177822175413114812663712683914872415039514496614462117047813.312.211.213.15.04.84.85.65.45.25.26.1

immigrants/refugees has also increased, but the target – 3.5 per cent of the employees – hasnot yet been reached.Article 5 (e) (iii): The right to housingStrategy against ghetto-isation143. The Government has given the subject of housing of immigrants and refugees specialattention in more than one area, cf. the above mentioned under article 5(d) (i) concerning theright to freedom of movement and residence. Thus, in May 2004 the Government set out astrategy against ghetto-isation.144. In the strategy, “ghetto-isation” is defined as a process in which more and more peoplewith little or no contact to the labour market or the educational system gradually inhabit ahousing area.145. In Denmark, such a process is most often observed in public housing areas characterisedby a high rate of social problems and an over-representation of inhabitants with immigrant orrefugee background. Ghetto-isation, in this sense, becomes a barrier to the successfulintegration of refugees and immigrants into Danish society.146. The strategy contains a long list of specific initiatives that are intended to improve theintegration of immigrants living in areas with a high rate of social problems into the Danishsociety.147. These initiatives include the development of business job creation projects, economicstimulation, e.g. a new type of loan (“get started”-loan) to be used as initial capital inconnection with the implementation of a business idea, the establishment of jobcentres in theareas and support for voluntary work in the areas etc. has been introduced.148. Furthermore, the strategy contains initiatives related to youth and children such ashomework-help, participation of young immigrants in local - especially sports - associations, theuse of role models, crime prevention initiatives.Bill against ghetto-isation149. A major part of the Government’s strategy against ghetto-isation is a new bill, which wasintroduced on 8 December 2004. The bill is directed at public housing areas with a large shareof inhabitants left outside the labour market. It will, once adopted, make it possible to directsocial security beneficiaries (receiving social assistance, starting allowance and introductionallowance) who are at the top of the waiting list to a family dwelling in a public housingorganisation in one of such areas, to an alternative public housing area. The original dwellingwill instead be let to tenants who are active in the labour market thereby improving the area’soverall link with the surrounding society.

150. It is, however, an important consideration in the bill that the social beneficiary in questionmust not in this way lose the opportunity of attaining a public housing dwelling altogether. Themunicipality is thus obliged to allocate another appropriate substitute dwelling to the socialbeneficiary. Allocation must, if at all possible, take place within 6 months.Article 5 (e) (iv): The right to social services151. In para. 12 of its concluding observations concerning Denmark’s fifteenth periodic report(CERD/C/60/Misc.33/Rev.4), the Committee was concerned about the quota system ofadmitting a defined percentage of minority children to certain crèches and nurseries and thereported prohibition of the use of mother tongue in some of these establishments.Quota system.152. It is not legal to operate with defined quotas, whereby minority children are admitted tocertain nurseries. The Government expects the municipal administrations to act accordingly.153. Any child who is in need of language stimulation is guaranteed to receive an offer for helpto this end. For bilingual preschool children who require language stimulation, the offer iscompulsory. The aim of the duty to participate is to ensure that the children posses the bestlanguage qualifications posssible before school start. The language of teaching is Danish in thepublic school “Folkeskolen”. It is therefore expected that children, when they start schoolpossess Danish at the expected level according to their age. If a child does not possess Danishat this level, the child will be offered classes in Danish as a second language.154. Language stimulation can be conducted within an institution i.e. a nursery. Themunicipalities have the responsibility to plan according to the needs for language stimulation.Article 5 (e) (v): The right to education and trainingDanish Education system in general155. In general, the Danish educational system aims at preventing racial discrimination throughits overall goals and guidelines. For primary and secondary education in the Danish publicschool system (“Folkeskole”), which covers ages 7 to 16 years, the objectives are the following:(1) The Folkeskole shall – in cooperation with the parents – further the pupils'acquisition of knowledge, skills, working methods and ways of expressing themselvesand thus contribute to the all-round personal development of the individual pupil.(2) The Folkeskole shall endeavour to create such opportunities for experience, industryand absorption that the pupils develop awareness, imagination and an urge to learn, so

that they acquire confidence in their own possibilities and a background for formingindependent judgements and for taking personal action.(3) The Folkeskole shall familiarise the pupils with Danish culture and contribute totheir understanding of other cultures and of man's interaction with nature. The schoolshall prepare the pupils for active participation, joint responsibility, rights and duties in asociety based on freedom and democracy. The teaching of the school and its daily lifemust therefore build on intellectual freedom, equality and democracy.156. During the Danish EU Presidency in 2002, Denmark hosted an EU conference on“Lifelong Learning and Active Citizenship”. At the conference, the Danish Minister forEducation pointed out the objectives of The National Curriculum. The National Curriculumsecures for all pupils, students and adults, irrespective of social background, culture, race,gender, differences in ability and disabilities, an entitlement to a number of areas of learningand to develop knowledge, understanding, skills and attitudes necessary for their self-fulfilmentand development as active and responsible citizens.Recognition of education from other countries157. The Danish Centre for Assessment of Foreign Qualifications (CVUU) was established inJanuary 2000 with the aim to make it easier for holders of foreign credentials to enter theDanish labour market or undertake further education. The Danish Centre for Assessment ofForeign Qualifications•Carries out assessments of non-Danish qualifications•Receives and transmits applications from EU/EEA citizens for recognition ofprofessional qualifications concerning the regulated professions•Makes decisions on the recognition of non-Danish teaching qualifications•Develops and communicates standards for assessment•Provides municipal and other authorities responsible for the integration of foreignerswith advice on identifying foreigner’s qualifications•Contributes to initiatives aimed at identifying the qualifications and competencies ofparticular target groups•Provides information and guidance concerning assessment and recognition procedures•Provides information about the education systems of other countries•Informs foreigners and foreign authorities about the Danish education system•Is the Danish European Network of Information Centre on academic recognition andmobility (NIC) and National Academic Recognition Information Centre(NARIC) andparticipates in cooperation regarding the assessment of higher education within theframeworks of EU and the Council of Europe, and•Is the National Reference Point with regard to information about vocational educationand training and participates in the EU network of national reference points.

Counselling and language training158. At all adult education centres (VUCs), there are counselling services on educational as wellas vocational matters. Guidance counsellors guide the student so that he or she can make thebest possible entrance into VUC. The guidance counsellor advises the student on the subjectsthat are to be taken, on possibilities for subsequent education or on getting a job after generaladult education. The guidance counsellor may also provide information about financial andsocial matters.159. Since Denmark’s fifteenth periodic report (CERD/C/408/Add.1), a specific programmeto support entry into the Danish labour market has been established – directed towardsrefugees and immigrants. This programme is mainly targeted at upgrading unemployed peoplewith insufficient Danish language skills combined with an improvement of their practical workskills. The target group is refugees and immigrants either already in the Danish labour marketor unemployed.

Article 5 (f): The right of access to any place or service160. Pursuant to the Act on Prohibition against Discrimination on the basis of Race, it is acriminal offence for commercial or non-profit businesses to refuse to serve a person on thesame terms as others because of his or her race, colour, national or ethnic origin, religion orsexual orientation. It is also an offence to refuse admittance to a person on the same terms asothers to a place, performance, exhibition, meeting or the like that is open to the public (cf.Consolidated Act No. 626 of 29 September 1987).161. During the period under review, the Copenhagen Police has obtained convictions in fourcases of violation of the Act:(a) By judgment of the City Court of Copenhagen of 3 September 2002 a doorman at adiscotheque was sentenced to a fine of DKK 1,000.(b) By judgment of the City Court of Copenhagen of 15 July 2003 a doorman at adiscotheque was sentenced to a fine of DKK 1,000 and to pay compensation ofDKK 1,000 to the aggrieved party.(c) By judgment of the City Court of Copenhagen of 2 April 2004 a doorman at adiscotheque was sentenced to a fine of DKK 1,000 and the board of the discothequewas sentenced to a fine of DKK 5,000.(d) By judgment of the Eastern High Court of 1 September 2004 a doorman at adiscotheque was sentenced to a fine of DKK 1,000.

162. In two cases the accused was acquitted. The total number of cases nationally in whichconvictions have been obtained during the period under review is not available.Article 6 Establishment of a special complaints body163. In paragraph 13 of its concluding observations concerning Denmark’s fifteenth periodicreport (CERD/C/60/Misc.33/Rev.4, the Committee commended the State party for havinginvested in its human rights institutions and in a number of non-governmental organisations,which have promoted human rights and served the needs of minority groups, but wasconcerned by plans to reduce their financial means and the potential impact of these plans onsuch NGOs. In the light of recommendations of the Durban World Conference against Racismto strengthen human rights national institutions and NGOs, the Committee urged the Stateparty to ensure that the organisational restructuring of the functions of the Board of EthnicEquality and the Centre for Human Rights would strengthen the overall work on human rightsand in particular the protection of the rights of ethnic minorities. It was concerned about thewithdrawal of funds from other NGOs. The Committee recommended that the State partyinclude information on this matter in its next periodic report.164. Since its fifteenth periodic report (CERD/C/408/Add.1), a number of steps have beentaken aimed at assuring everyone effective protection and remedies against acts of racialdiscrimination.165. The Government has established the Danish Centre for International Studies and HumanRights cf. Act No. 411 of 6 June 2002. The Centre, which started its work on 1 January 2003,was established with the aim of strengthening research, analysis and information activities inDenmark concerning international affairs as well as human rights in Denmark and abroad. Thepurpose of establishing one common institution was to strengthen and promote a morecoherent and concentrated research environment in Denmark. The Centre consists of anInstitute for International Studies and an Institute for Human Rights. The Institute for HumanRights replaces the former Danish Centre for Human Rights and is based on the so-called Parisprinciples.166. As regards the protection of ethnic minorities, specific powers have been assigned to theInstitute for Human Rights and specific funding allocated to the Institute for this purpose.Thus, the Institute for Human Rights has been established as the Danish body for thepromotion of equal treatment as required by Article 13 in the EU-directive on Racial Equalityconcerning prohibition against racial discrimination outside the labour market (2000/43/EU).167. In accordance with the requirements of Article 13 in the Directive, the Institute has beengiven the power to assist victims of discrimination, to conduct surveys concerningdiscrimination and to publish reports and make recommendations on discrimination. In thisregard the Institute replaces the former Board of Ethnic Equality.168. The Danish Parliament has subsequently decided to further expand the competence of theInstitute for Human Rights within the field of ethnic equality. It has done so by also granting

the Institute the power to deal with individual complaints on racial discrimination both withinand outside the labour market. The EU Racial Equality Directive does not require this, and theDanish parliament has, thus, moved beyond the Directive.169. The Institute has been allocated 6,0 mill. DKK on a yearly basis to perform the abovementioned tasks. Further detailed information on the complaints mechanism is provided inannex 2 to this report.170. In addition, new legislation has been adopted and existing legislation amended in order tostrengthen the protection against discrimination on the grounds of race and ethnic origin. InMay 2003, the Act on Equal Ethnic Treatment was adopted. The Act aims to ensure a highlevel of protection against racial discrimination.171. The Act prohibits discrimination on the grounds of racial and ethnic origin as regardsaccess to social protection, including social security and health care, social advantages,education, access to and supply of goods and services, including housing, and membership ofand access to services from organisations, whose members carry out a particular profession.The Act also prohibits harassment on the grounds of race and ethnic origin. Furthermore, theAct prohibits victimisation, thus protecting individuals from any adverse treatment or adverseconsequence as a reaction to a complaint or to proceedings aimed at enforcing compliance withthe principle of equal treatment.172. 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 when there is aprima facie case of discrimination, the burden of proof in court cases shifts back to therespondent when evidence of such discrimination is established.173. The Act stipulates that victims of discrimination are entitled to compensation for non-pecuniary damages in cases where the prohibition against racial discrimination has beenviolated. The Act also stipulates that any such violations should normally trigger compensationfor non-pecuniary damages.174. The Government allocates funding to a large number of organisations, including NGO’s,and individual projects within the field of integration and anti-discrimination policy. Since itsfifteenth periodic report (CERD/C/408/Add.1), additional funding has been set aside for thepromotion of equal treatment and tolerance. In total, a sum of 5,1 mill. DKK has beenreserved in 2004 - 2005 for this purpose in connection with the implementation of theGovernment’s Action Plan on Equal Treatment.Reports of criminal acts and incidents on a presumed racist background175. Since 1992, the National Commissioner of Police has received reports of criminal acts andincidents directed against foreigners on a presumed racist background from the 54 Danishpolice districts.

176. The purpose of this reporting system was to give the National Commissioner of Police abasis for ascertaining and assessing possible signs of a more organised and systematic criminalactivity stemming from racism and xenophobia.177. In December 2001, the reporting system was revised in order to make it more simple andeffective. Apart from safeguarding investigative purposes, the new reporting system provides amore reliable basis for international reporting on presumed racially motivated crimes inDenmark and a basis for informing the public on this subject.178. From 1 February 2002, only criminal acts with a presumed racist or religious backgroundsare reported, i.e. acts or omissions punishable by law. Incidents of a solely political and notracist or religious nature and incidents not punishable by law are no longer reported.Furthermore, not only acts directed against individuals of foreign origin, but also acts directedagainst ethnic Danes are reported.179. An element of uncertainty in the system is, however, that the reporting is based on thepolice districts’ knowledge or assumption of the motives behind the actual acts or omissions.Consequently, the reports cannot be presumed to give a complete picture of this particular fieldof activity in Denmark.180. In 2002, 63 criminal acts or omissions with a presumed racist or religious background werereported. In 2003, 52 cases were reported.Article 7: Combating prejudices, which lead to racial discrimination181. A survey conducted by the research company CATINÈT, shows that in 2000, 22 per centof immigrants and refugees in Denmark felt discriminated when applying for work, in publictransportation etc. Now the percentage of immigrants and refugees who feel discriminated isdown to 12 per cent. The overall number of people who feel discriminated has fallen markedly.182. Five years ago, 42 per cent felt that they were discriminated. Today, the percentage isdown to 27. 63 per cent of immigrants and refugees in Denmark is of the opinion that personswith a Danish background have become more positive towards them as persons while only 13per cent experience the Danish population as being negatively inclined.183. In para. 19 of its concluding observations concerning Denmark’s fifteenth periodic report(CERD/C/60/Misc.33/Rev.4), the Committee recommends that the State Party take intoaccount the relevant parts of the Durban Declaration and Programme of Action whenimplementing the Convention in the domestic legal order and that it include in its next periodicreport information on action plans or other measures they have taken to implement theDurban Declaration and Programme of Action at national level.184. The above-mentioned legislative measures, see para. 172-189, have been supplemented bya number of non-legislative means aimed at promoting understanding and tolerance. Asmentioned in para. 144, in November 2003, the Government published an “Action Plan to

Promote Equal Treatment and Diversity and Combat Racism” which contains a number ofnew initiatives intended to help promote equality of treatment for everyone, regardless of race,ethnic origin and similar grounds of discrimination. The Action Plan was published inter alia asa follow up to the UN World Conference against Racism in Durban in 2001. The Action Planis enclosed as annex 1 to this report.185. The initiatives in the action plan are intended to provide more information about racismand discrimination and diversity and tolerance through dialogue and debate. For instance, theaction plan foresees a public information campaign concerning anti-discrimination anddiversity, financial support to local events that focus on the advantages of a tolerant societywith room for diversity and financial support to promote the political participation of ethnicminorities in Denmark.186. The Government, in working with the media, also wishes to highlight good examples ofintegrations and diversity. In addition, the Government has launched a survey to investigatewhy ethnic minority youth drop out of their studies and to what extent the dropout rate is dueto discrimination. For 2004 and 2005, the Government has allocated DKK 2.5 million per yearto implement the initiatives in the action plan.187. A number of additional initiatives on promoting integration and tolerance have beenadopted. In 2002, the Ministry of Integration launched the campaign “All young people areneeded”, which aims at getting more young people of an ethnic background other than Danishto get an occupationally oriented education.188. Another aim is to tell the stories of the many young people who do get an education andfind employment. Yet another aim is to promote understanding and respect for other culturaland religious ways of living and their values.189. Meetings have been conducted in a number of schools and educational institutions and alarge information campaign carried out. A corps of young role models from differentoccupations has been established.190. In 2003, a large campaign was undertaken in order to increase the number of young ethnicminorities attending health education. As part of this campaign, advertisements were placed innewspapers, in trains and on train stations. The posters aimed at attracting attention to healtheducations. The posters also sent the clear message that the Danish society needs everybody –and that young people of an ethnic origin other than Danish represent an important resource tothe Danish society.191. In 2004, the Ministry of Integration launched the “100 Trainee Placements in 100 Days”campaign, which seeks to ensure that young people with an ethnic background other thanDanish are given trainee placements. The campaign also consists of a number of otherinitiatives such as additional vocational training of the employees involved in traineeplacements and establishment of local trainee placement networks.

192. The most recent initiative is a recruitment campaign within the police, armed forces,emergency services and security services. The campaign will recruit and keep young peopleaged 18 to 25 with an ethnic background other than Danish as well as provide informationabout the various training and job opportunities that exist within the armed forces, the policeand the security and emergency services.193. As regards the role of politicians and political parties, it is the opinion of the Governmentthat non-governmental organizations and associations should spearhead the efforts to haveDanish political parties adhere to the “Charter of European Political Parties for a Non-RacistSociety”. The Ministry of Integration has therefore forwarded the Charter to the Danish Centrefor International Studies and Human Rights for further action.Education and training of the police194. The University of Roskilde (RoskildeUniversitetscenter, Center for Ungdomsforskning)hasconducted and published a research project in a major police district in Denmark (ElsinorePolice) in 2003. The focus of the research project was “Conflict at street level – when ethnicminority youth meet the police” (Konfliktpå gadeplan – når etnisk minoritetsungdom og politi mødes).The survey was conducted in co-operation with the police and with financial support from theDanish Ministry of Justice. The research project report has been distributed to all policedistricts in Denmark.195. Based on the recommendations of this report, the Danish Police College organised localtraining days with police districts where problems with ethnic minority youth are substantialand frequently recur. The Police College was assisted by one of the authors of the report fromthe research project. Police districts have since requested the Police College to continueorganizing additional training days at police district level.196. Cultural anthropology, psychology and human rights are now integrated subjects in thecurricula for the basic education of police students at the Danish Police College.Recruitment of ethnic minorities for the police197. The National Commissioner of Police has continued to organize large-scale recruitmentcampaigns in all major cities throughout the country and invited local ethnic organisations toparticipate at the meetings. The police also participate in a non-governmental organisation forethnic minorities, the Organisation of New Danes (Foreningenaf Nydanskere).198. The police have also joined private companies in a project called “Multiplicity in WorkingLife” (Mangfoldighedi arbejdslivet)and received an award for this effort. In addition, the policeparticipate in joint recruitment advertisements for all uniformed professions.199. A majority in the Danish Parliament has agreed to provide special appropriations for thepolice in the period 2004-2006. This includes funds for a broad and diverse recruitment to thepolice, including ethnic minorities.

200. In 2004, the State Employer’s Authority (Personalestyrelsen), which is an agency under theMinistry of Finance, launched a training programme for so-called ambassadors for ethnicequality. According to the National Commissioner of Police, 4 police employees have so farcompleted the training. The head of recruitment of new police officers has been appointed asrepresentative for the National Commissioner of Police in the ambassador programme.201. The number of police officers with other ethnic background than Danish in proportion tothe total police force is still below the official target of 3,5%. No single element explains whysome applicants with other ethnic background fail at tests for recruitment to the police. Thefailure elements are in general the same as for other applicants and not specifically related to anethnic minority background.202. The Danish National Police has an ambition to recruit individuals in cities withconcentrated ethnic minority communities to serve as role models to attract other members ofthese communities to seek recruitment with the police.Recruitment of ethnic minorities among prison officers203. Since Denmark’s fifteenth report (CERD/C/408/Add.1), the Staff Training Center of theDanish Prison and Probation Service (KriminalforsorgensUddannelsescenter)has implemented twomore preparatory school courses for persons of other ethnic backgrounds, who want to train asprison officers.204. 38 persons in all have participated in the three preparatory school courses, 28 havefinished the whole course, and 16 have passed the employment test and thus obtainedemployment and access to the basic training for prison officers. All courses have taken place inthe Copenhagen area.205. On 10 January 2005, yet another preparatory school course took place, this time on theisland of Funen.Recruitment of ethnic minorities for the judiciary206. In 2002, the Danish courts agreed on a policy of equal treatment, which has the purposeof securing an equal treatment of all employees in the courts and avoiding any kind ofdiscrimination on the basis of sex, age, ethnic origin, race, religion, handicaps, sexualorientation or other grounds.207. The Court Administration (Domstolsstyrelsen) has asked the courts to be aware of thepossibility of employing persons of other ethnic origins and has requested the courts toconsider concrete initiatives to improve the possibilities for persons of other ethnic origins tobe employed in the Danish courts.

Article 14: Public release208. Reference is made to para 172-189 and annex 2 to this report.209. In paragraph 20 of its concluding observations concerning Denmark’s fifteenth periodicreport (CERD/C/60/Misc.33/Rev.4), the Committee recommends that the reports of theState party be made available to the public from the time they are submitted and that theconcluding observations of the Committee on these reports are similarly publicized.210. The present sixteenth and seventeenth periodic report of Denmark has been madeavailable to the public on the internet side of the Ministry of Foreign Affairs on web site:www.um.dk.The concluding observations will similarly be made available on the same website.III. Reporting on GreenlandPart I211. Reference is made to Denmark’s fifteenth periodic report (CERD/C/408/Add.1, para.125-148), concerning Greenland.212. In para 18. of its concluding observations concerning Denmark’s fifteenth periodic report(CERD/C/60/Misc.33/Rev.4), the Committee recommended that the State party includeinformation on the claims of the Inughuit with respect to the Thule Air base.Information on the Thule Case – Danish Supreme Court judgement of 28 November 2003.213 A group of citizens and 422 individual plaintiffs brought the judgement of the DanishEastern High Court of 20 August 1999 against the Prime Minister’s Office to the DanishSupreme Court. The plaintiffs were granted free legal aid in full. On 28 November 2003, theSupreme Court handed down its judgement affirming the judgement of the Eastern HighCourt.214. In the judgement, the Supreme Court had occasion to pronounce itself on the question ofindigenous peoples in casu the Thule Tribe situated in the Northwestern part of Greenland (theUummannaq settlement). The case originated in the relocation of the Thule population in 1953in connection with the establishment of the Thule Air Base under 1951 US-Denmark DefenceAgreement.215. The Thule Tribe initiated proceedings against the Danish Prime Ministers Office in 1996before the Eastern High Court claiming compensation and right to return. The High Courtruled in favour of compensation (500.000 DKK to the Thule Tribe as such + 15.000 DKK forcertain individual claims). Other claims such as the right to live in and use the abolishedsettlement and a right to access, occupy and hunt in the entire Thule district were dismissed.

216. Furthermore, in January 1997 the Danish Prime Minister Poul Nyrup Rasmussen andHead of the Greenland Home Rule Government Lars Emil Johansen reached an agreementthat constituted a satisfying solution for the Danish government as well as for the Home Rulegovernment concerning all questions relating to the Thule-case.217. On the date of the High Court judgement in the case in August 1999, Prime Minister PoulNyrup Rasmussen made a statement, that the case had gone on long enough and that thegovernment therefor did not intend to bring the case before the Supreme Court. The PrimeMinister added, that it was fitting that the historical course of events that has affected the livesof many people in Thule from that time had been clarified.218. On 2 September 1999, the Danish Prime Minister and Head of the Greenland Home RuleGovernment Jonathan Motzfeldt issued a joint statement in which the government, on behalfof the Danish state, offered its apolegies to Inughuit, the Thule population and all of Greenlandfor the manner in which the relocation was decided and implemented in 1953.219. The Danish government is aware, that the ruling of the Danish Supreme Court has beensubmitted to the European Court of Human Rights. Whether the European Court of HumanRights has decided to admit the case is not yet known.The Greenland Administration of Justice system for Greenland.220. The Administration of Justice system for Greenland is mentioned in CERD/C/319/Add.1, paragraph 139-141, and further clarified in CERD/C/280/Add. 1, para. 306-309.221. In 1994, the Danish Government and the Greenland Home Rule (det grønlandskehjemmestyre) set up the Commission on Greenland’s Judicial System (Den GrønlandskeRetsvæsenskommission) chaired by Per Walsøe, Supreme Court Judge, and totalling 16members appointed by the Danish Government and the Greenland Home Rule. The main taskof the Commission has been to perform a thorough review and reassessment of the entirejudicial system of Greenland and on that basis to make proposals for its revision.222. The report on Greenland’s Judicial System was handed over to the Danish Governmentand to the Greenland Home Rule in August 2004. The Danish Ministry of Justice hassubmitted the report to the relevant institutions and organisations for comments. TheGreenland Home Rule is expected to submit its comments on the report by July 2005. TheDanish Government will subsequently take a decision on the various proposals made by theCommission.223. According to section 71 a in the Penal Code for Greenland, any person who publicly orwith the intention of disseminating to a wide circle of people, makes a statement or impartsother information by which a group of persons is threatened, insulted or degraded on accountof their race, colour, national og ethnic origin or belief shall be sentenced. The Commission onGreeland’s Judicial System proposes that this section be amended in order to include ”sexualorientation”, corresponding to the parallel section in the Danish Penal Code.

Part IIArticle 1224. As of January 2004, the total population of Greenland amounted to 56,854 persons, ofwhom 50,096 or 89 per cent were born in Greenland and 6,758 were born outside ofGreenland. According to Statistics Greenland, 5,804 of the persons born outside of Greenlandwere born in Denmark.225. Parliamentary elections were held on 3 December 2002 following a break down of theSiumut (i.e. Social Democratic Party) and Atassut (i.e. Liberal) coalition Government formed inDecember 2001. Since the election, Siumut and Inuit Ataqatigiit (i.e. Socialist) have formed acoalition Government with an eight member Cabinet.226. In 1999- 2000, the Greenland Home Rule Government (Landsstyre/Cabinet) appointed aCommission on Self-Governance. Reference is made to CERD/C/408/Add.1, paragraph 131-135, which describes the task of the Commission.227. The final report of the Commission on Self-Governance was handed over to theGreenland Home Rule Government in April 2003. The Committee will receive an officialsummary in English in due course.228. Following the final report of the Commission on Self-Governance, the DanishGovernment and the Greenland Home Rule Government have appointed a joint Danish andGreenlandic commission.229. The task of the commission is - on the basis of the current constitutional position ofGreenland and in accordance with the right of self-determination of the people of Greenlandunder international law - to consider and propose how the Greenland Home Rule authoritiescan take over further responsibilities (legislative and executive powers), respecting the Danishconstitution. The commission is to submit proposals on a new self-governance arrangement.230. According to its terms of reference, the work of the commission is to be based on theprinciple of accordance between rights and obligations. The commission is to consider andsubmit proposals on a new scheme regarding economic relations between Denmark andGreenland.231. The Danish Government and the Greenland Home Rule Government agree, that it is upto the people of Greenland to decide if Greenland wishes to achieve independence, and thatthis will in no way be affected by a new self-governance arrangement. If occasion should arise,independence has to be accomplished by way of entering an agreement hereon, in accordancewith the procedures outlined in section 19 of the Danish constitution.

Article 5 (e) (iii)232. Reference is made to Denmark’s fifteenth periodic report (CERD/408/Add.1 para.137)outlining that: “The construction of publicly financed housing is governed by GreenlandParliament Regulation (GPR) No. 1 of 9 April 1992, concerning subsidies for the constructionof housing and by GPR No. 1 of 31 October 1991 concerning cooperative housing”.233. Furthermore, in accordance with the Private Housing Construction Act, GPR No. 4 of 30October 1998, individuals can obtain up to 40 per cent of the total cost as an interest-free 15-year governmental and municipal standing loan. This figure has been increased by 5 years to 20years. The payback period of the standing loan of 10 years has also been extended by 5 yearsfrom 10 to 15. The individual must provide 10 per cent of the total cost out of savings,together with a letter stating that the remaining 50 per cent can be obtained from a bank or amortgage institution. The rental of dwellings is subject to GPR No. 5 of 31 May 2001concerning the rental of dwellings - a revision of the GPR No. 3 of 13 June 1994.

‘All human beings are born free and equal indignity and rights.’ So states the preamble tothe UN’s International Convention on RacialDiscrimination. The central message isrespect for the individual. All citizens,regardless of race, ethnic origin or belief,have equal rights and duties, and everyoneis entitled to protection against racismand unfair discrimination. That is classicliberalism. That is the government’s policy.At the World Conference against Racism inSouth Africa in 2001, many nations aroundthe globe, amongst them Denmark, affirmedthe need for resolute action to combat allforms of racism, racial discrimination, racialhatred and related intolerance. The presentaction plan is a direct offshoot of the con-ference.The principle of equal treatment rules outunreasonable discrimination. However, theprinciple of equal treatment does not meanwe should treat everyone the same. Theancient Nordic saying ‘freedom for Loke aswell as Thor’ promotes the principle of equaltreatment while conveying the message thatwe are not the same and should not beforced to be alike. Equal treatment is anecessary condition for democracy, which inturn is a condition for freedom. Democracydoes not require us to be the same, however.On the contrary, diversity is a prerequisitefor all democratic dialogue.

In this action plan, the government sets outinitiatives intended to help secure equality oftreatment for everyone, regardless of race,ethnic origin and similar grounds of discri-mination.It is the government’s view that a modernwelfare state should be based on liberalism,diversity and inclusiveness. An inclusivecommunity that provides scope for personalinitiative and freedom to differ, with duerespect for fundamental social values. Weshould be true to our own values whileremaining open to impulses from outside.In 1946 – in other words, shortly after theSecond World War – the Danish philosopherof law Alf Ross wrote that ‘the sanctity of theindividual lies at the heart of all forms ofhumanism. The opposite is contempt for theindividual, the intellectual core of fascism’.Unfortunately, Alf Ross’ argument provedto hold true for many years to come, and adistressing number of crimes have beencommitted against humanity in the nameof race or ethnic origin. The process of ‘eth-nic cleansing’ in former Yugoslavia andthe mass killings in Rwanda are extremeexamples of acts that bear the label of racismand intolerance.Fortunately, the conditions for fascism andunadulterated racism in Denmark are poor.However, surveys show that discrimination

on the grounds of race, ethnic origin orbelief is a genuine problem in modern-dayDenmark, although it is hard to uncover thefull extent of the problem. Nonetheless, wehave to acknowledge that no society is evertotally free of racism.We also need to recognize that legislationagainst discrimination is not enough. InDenmark, we have implemented a finelymeshed set of regulations prohibiting dis-crimination. The most recent addition tolegislation in this area was the Act on EqualTreatment irrespective of Ethnic Originpassed by the Danish Parliament in June2003 to prohibit discrimination on thegrounds of race or ethnic origin. In otherwords, the legal framework is in place, butit is important to bear in mind that legi-slation to a certain degree tends to focuson problems rather than opportunitiesand innovative solutions. Even the best-researched framework needs content. Thisis a lesson learned from other countrieswhose constitutions contain many well-intentioned ideals about equality and equaltreatment, but whose practice is somethingelse. Therefore, legislative measures cannotstand alone.

How can we create innovative solutions?First and foremost, by realising that equaltreatment is not something that is ours bytradition, but a privilege we must fight forevery day.We also need to create the conditions neces-sary to ensure that everyone has equalopportunities regardless of race or ethnicorigin. People who live under inequality seea world of inequality. The willingness tounderstand society, a prerequisite for demo-cracy, is under siege if the conditions arevastly unequal. In addition to being a goal inthemselves, initiatives against racism andillegal discrimination are thus a necessaryprerequisite for ensuring that everyone,regardless of race, ethnic origin or belief,has the opportunity to participate in andcontribute to the life of the community on anequal level with other citizens.In a dynamic society, it is essential that noone is limited by prejudice and everyone hasthe opportunity for personal development.Plans to promote diversity can generateadditional concrete benefits in the form ofnew knowledge, new competencies andnew possibilities. And efforts to promotediversity and stimulate dialogue can inthemselves help to eliminate discrimination.

■Chapter 1. Background and conceptsFirst and foremost, the action plan containsa series of new initiatives to promote equaltreatment and diversity.The aim of the action plan is thus not todescribe in detail the wide range of publicand private initiatives already launched atnational, regional and local level to combatracism, intolerance and illegal discrimina-tion.tion’ occurs when an apparently neu-tral legal provision, etc., puts people ofa certain race or ethnic origin in a lessfavourable position than other people,unless the provision in question isimpartially based on an objective pur-pose, and the means to achieve it areappropriate and necessary.In the present context, the concept of‘diversity’ refers to the view that allindividuals are unique and that differ-ences between people are a resourceand source of renewal and develop-ment for the labour market and societyin general.It should be noted that these definitions arenot exhaustive, but summarize the contentof the individual concepts as generally inter-preted or expressed.

The term ‘ethnic origin’ is generallydefined as affiliation with a group ofpeople who share a common history,traditions, culture or cultural back-ground, language, geographic origin,etc.‘Racism’ refers generally to the viewthat ‘racial differences’1should trans-late into differences in social or politi-cal rights.The Act on Equal Treatment Irrespect-ive of Ethnic Origin (the act on ethnicequality) defines ‘illegal discrimina-tion’ as direct and indirect discrimina-tion and harassment. ‘Direct discrimi-nation’ occurs when a person on thegrounds of race or ethnic origin istreated less favourably than anotherperson is, has been, or would be in asimilar situation. ‘Indirect discrimina-

The world conference was concludedby the adoption of a declaration andprogramme of action to combat racism.It appears from the programme ofaction that the world conference urgesstates to establish national policies andaction plans to fight racism.According to the programme of action,the purpose of national action plansshould be to promote diversity, equalityand equal treatment; ensure opportu-nities for participating on an equalfooting in the country’s political, eco-nomic, social and cultural develop-ment; and promote democracy andpolitical participation at all levels.According to the programme of action,measures to combat racism and pro-mote diversity should include legisla-tion and other forms of governmentregulation and administration, the dis-semination of policies and practices incertain areas, education, and educa-tional activities.

hibits the distribution of racist propa-ganda.The Act on Prohibition against Discri-mination based on Race etc. – morepopularly known as the ‘discothequeact’ – contains a prohibition againstdiscrimination in two areas: the provi-sion of goods or services, and access tocertain places or events.The Act on Prohibition of DifferentialTreatment in the Labour Market con-tains a general prohibition againstdiscrimination on grounds of race, skincolour, religious conviction, politicalviews, sexual orientation, and national,social or ethnic origin. Under this law,which applies to the employment areaexclusively, a person whose rights havebeen violated may be awarded com-pensation for non-pecuniary damages.The prohibition applies during employ-ment, to recruitment and dismissal,and prohibits both direct and indirectdiscrimination.The Act on Equal Treatment Irrespect-ive of Ethnic Origin, which deals withconditions outside the labour market,contains a prohibition against directand indirect discrimination on thegrounds of race or ethnic origin and aprohibition against harassment andinstructions to discriminate. In add-ition, the act contains provisions con-cerning the shared burden of proof anda prohibition against reprisals. Viola-5

Danish law comprises a finely meshedset of rules prohibiting discrimination,the expression of racist views, etc.Some of the provisions of the DanishConstitution contain prohibitionsagainst discrimination: section 70, forexample, on equality of treatmentregardless of creed or race, and section71 on personal liberty.Public authorities are governed by theprinciple of equality applicable undergeneral administrative law, whichmeans equal matters must be treated infull equality before the law.Under section 266 b of the DanishCriminal Code – more popularly knownas the ‘racism paragraph’ – the publicexpression of racist views is a punish-able offence. The provision also pro-

tion of the law is punishable by a claimfor compensation for non-pecuniarydamages. The Danish Institute forHuman Rights can hear appeals con-cerning violation of the prohibitionagainst discrimination. The Institutemay express its opinion about whetherthe law has been violated in specificcases. In such instances, the Institutemay recommend that free legal aid begranted.According to the Act on Establishmentof the Danish Centre for InternationalStudies and Human Rights, the In-stitute for Human Rights is also incharge of providing assistance to vic-tims of discrimination and initiatingindependent studies on cases of dis-crimination, as well as publishing re-ports and making recommendations onissues relating to discrimination. Thesepowers apply to conditions in and out-side the employment area.

■Chapter 2. Providing more information aboutracism and discrimination2.1 What do we know aboutracism and discriminationin Denmark?Our knowledge about the extent of discrimi-nation and racism in Denmark is limited.Only a few actual surveys have been con-ducted in the area due to the difficulty ofmonitoring instances of discrimination.There are, however, surveys that attempt invarious ways to shed light on the occurrenceof discrimination against ethnic minoritiesin Denmark. One study of discriminationagainst ethnic minorities in the Danishlabour market involved having a group ofyoung people with the same qualificationsbut from different ethnic backgrounds applyfor the same jobs (Hjarnø and Jensen,1997). The study showed that people with aDanish background are more likely to beinvited for a job interview than ethnicminorities. The fact that ethnic minorityyouth have greater difficulty getting a place-ment than young people with a Danish back-ground may also indicate discrimination inthe labour market against young people withethnic minority backgrounds.The extent of discrimination against ethnicminorities in Denmark has also been studiedby asking members of these groups whetherthey felt they were being discriminatedagainst. This type of survey of subjectivelyperceived discrimination among the largestethnic minority groups in Denmark, showedthat one in three felt discriminated againstwhen seeking jobs, and one in four whenshopping (Møller and Togeby, 1999). Severalrespondents also experienced discriminationon the street, on public transport and whenvisiting discotheques. The extent of per-ceived discrimination varied greatly betweenthe different nationalities surveyed. If onedisregards perceived discrimination in thelabour market, those who experienced mostdiscrimination were the most capable andbest-integrated ethnic minorities.A recent survey shows that the proportionof immigrants and refugees who feel dis-criminated against has fallen drastically overthe past three years, from over 40% to under25% of respondents (CATINÈT Research,2003).The number of calls to the Documentationand Advisory Centre on Racial Discrimin-ation (DRC) also gives an idea of the extentof perceived discrimination. From 1997 to2003, 1,100 people contacted DRC becausethey felt they had been victims of discrimin-ation.Perceived discrimination is subjective, andthe extent of such discrimination is thereforenot necessarily equal to the number of inci-dents that are objective examples of illegiti-mate or illegal discrimination against ethnicminorities. On one hand, some people sub-jected to certain incidents may not perceivethem as illegitimate or illegal discrimina-tion. On the other hand, some incidents thatcould be perceived as illegitimate discrimin-7

ation do not necessarily reflect intolerance,but may be due to objective factors such asinsufficient language or professional skills.The extent of discrimination is naturally tiedto the Danish attitude towards foreignersin Denmark. Comparisons with citizens ofother nationalities do not present a clear-cutpicture. In comparison with the EU average,Danes are both more tolerant and moreintolerant. For example, almost one out ofthree Danes finds that people with otherreligions are a disturbance in their dailylives. In contrast, a majority of Danes thinkethnic minorities enrich Danish culture.Comparisons over time show that Danes arebecoming less racist. In 1970, more than60% agreed with a racist statement com-pared with close to 30% in 2001 (RockwoolFoundation Research Unit, June 2002;Togeby, 1997).Our knowledge about the number of racistacts against ethnic minorities is also limited.For example, the number of incidents ruledby a court of law as expressions of racistviews is very low. Over the past six years, theDanish national police annually registeredbetween 24 and 65 cases of violation of the‘racism paragraph’ of the Danish CriminalCode. It is unlikely that all incidents of racialdiscrimination are reported, and policestatistics cannot therefore be taken as aprecise indication of the extent of racist actsin Denmark.Thus, the picture of the extent of racialdiscrimination differs greatly dependingon who is asked and how the results are8

• CATINÈT Research:Integrationsstatus1999-2003. Fem år i et integrationsper-spektiv,July 2003. [The status of integra-tion 1999-2003. A five-year perspectiveon integration. In Danish.]• Jan Hjarnø and Torben Jensen:Diskri-minering af unge med indvandrerbag-grund ved jobsøgning. Dansk national rap-port efter oplæg fra ILO.Papers, Migrationno. 21, Dansk Center for Migration ogEtniske Studier, Sydjysk Universitets-forlag, Esbjerg 1997. [Discriminationagainst young people with ethnic minor-ity background in connection with job-seeking. Danish national report based onan ILO memo. In Danish.]• Nielsen, Hans Jørgen:De udenlandskerapporter om danskernes uvilje modfremmede.Danish article published in theJune 2002 Newsletter of the RockwoolFoundation Research Unit. [Internationalreports about Danish ill-feelings againstforeigners. In Danish.]• Møller, Birgit and Togeby, Lise:Oplevetdiskrimination. En undersøgelse blandtetniske minoriteter.Former Board ofEthnic Equality, 1999. [Perceived dis-crimination. A survey of ethnic minori-ties. In Danish.]

as an independent body of appeal andhandle the task of regularly preparing,updating and publishing statistics onreported discrimination and courtrulings in discrimination cases, underDanish law and international conven-tions.The registration of reported discriminationand court rulings in racism and discrimin-ation cases will not, however, provide a suf-ficient basis for assessing the extent of dis-crimination in Denmark. The extent ofdiscrimination must be also be mapped inother ways.One particular method the governmentwants to use to bolster documentation aboutdiscrimination, is to improve existing in-formation on the extent to which ethnicminorities encounter intolerance in thelabour market and education system,whether unnecessary requirements aredemanded, and whether existing practicesaffect ethnic minorities harder than therest of the population. To clarify the issue,it is important that ethnic minorities havethe opportunity to voice their own opinions.To this end, the government has opened aso-called hotline.

June 2003, proposes that the Ministryof Education open a hotline. Immi-grants and their descendants can callthe hotline when in doubt whethereducational institutions are followingthe rules or exploiting the options forethnic minority students set out in thelegislative framework for the varioustraining programmes.To illuminate the extent of direct and indir-ect discrimination in the education systemand labour market, the government alsointends to conduct surveys into certainspecific issues.One serious problem today is the excessivelyhigh drop-out rate among young immigrantsand their descendants who never completetheir courses of education. We need to betterclarify the reasons for this widespread drop-out, including whether there is a connectionbetween the drop-out rate and direct orindirect discrimination. For example, it isconceivable that intolerance means ethnicminorities have greater difficulty joiningreading groups or become socially marginal-ized in other ways at places of education.

ment will encourage the survey todescribe the extent to which the drop-out rate is due to discrimination againstor intolerance of ethnic minority youthat places of education.Another barrier to ethnic minority youthcompleting training courses that qualifythem for the labour market is that they oftenfail to meet the Danish language admissionrequirements. Failure to meet requirementsmay reflect a genuine lack of the Danish lan-guage skills necessary to complete a courseof study. However, in some cases, it may bean indication that the language require-ments are too high for the type of job atwhich the training course is aimed.We need more accurate information on thisissue. Institutions of further and higher edu-cation have themselves indicated the need toclarify whether they are demanding theright Danish language requirements offoreigners. Foreigners must be sufficientlyproficient in Danish to avoid starting atraining course that they cannot completebecause of language difficulties. However,the necessary requirements must not inthemselves be a barrier that discouragesforeigners who want to study for a qualifica-tion.

language teaching for foreigners tothe rest of the education system with aview to giving ethnic minorities easieraccess to education.First, the government will map theoptions for easing the transition from‘Danskuddannelse 2’ (Danish for for-eigners who have completed short-term education in their home country)to vocational qualification and AMU(labour market training) courses. Theinitiative will clarify the need andoptions for extra Danish languageteaching to enable foreigners to com-plete vocational training programmes.Second, the government will launch asurvey of the transition from ‘Studie-prøven’ (Danish for foreigners whohave completed long-term educationin their home country) to further andhigher education. The survey is in-tended to establish whether Danishlanguage admission requirements forforeigners are necessary and sufficientto complete the course.

The government wants to launch asurvey of whether people from ethnicminority backgrounds are in jobs forwhich they are overqualified and if so,why. The survey will include a proposalon how to bridge the gap between skillsand job functions so we do not wastethe resources of the individual orsociety.As mentioned earlier, it is very hardto measure the extent of racism anddiscrimination, and we will probablynever find a precise method. However,this does not alter the fact that we canimprove documentation in this field,particularly as regards discriminationand intolerance that create barriersto the integration of ethnic minoritiesin the education system and labourmarket.By acquiring more information aboutthe mechanisms behind the direct andindirect discrimination that takes placetoday, the government hopes to pro-mote equality and diversity in Danishsociety.

■Chapter 3. Diversity and tolerancethrough dialogue and debate3.1 IntroductionThe government wishes to put focus onequal treatment, diversity and the fightagainst racism. However, the governmentcan only provide a framework. Basic govern-ment requirements or legislation to securegeneral human rights are not enough topromote equal treatment, diversity andtolerance. It is crucial for the public to takean active part in creating an inclusive societywith room for everyone and tolerance andrespect for diversity.Thus, we should try to be open and tolerantwhenever we meet other people. We shouldbe better at exchanging opinions and view-points so we can build a platform for mutualunderstanding. Unprejudiced dialogue isthe weapon to combat the sort of ignorancethat spawns intolerance and dissension.Dialogue encourages acceptance of differ-ences and counteracts the development of adivided society. We need to stop talkingabouteach other and talktoeach otherinstead.People can meet in open democratic dia-logue in a variety of ways: by active politicalparticipation, in the public sphere, work-places, local neighbourhoods, the educationsystem, the media, the internet and throughcultural and recreational activities.The government wants to promote diversityand tolerance through dialogue and debate.It has already launched initiatives to12

3.2 Public debate and dialogueOpinions are aired wherever people meet.Therefore civil society plays an importantpart in drawing attention to equal treatment,diversity and the fight against racism. Publicorganizations, immigrant associations andlabour market parties also play key func-tional roles. They can contribute to targetedinitiatives to include ethnic minorities insociety and share responsibility for pro-moting greater public respect and tolerance.Information, the involvement of civil societyand support for public dialogue betweendifferent communities will therefore besignificant elements of the government’smeasures on integration.For example, the government will urgedebate and dialogue with relevant stake-holders, such as religious communities,associations and organizations.

3.4 Tolerance goes both waysDiscussions about discrimination and in-tolerance often overlook the fact that bothphenomena also occur among the ranks ofethnic minorities themselves. Problems arisewithin and between ethnic minority groups,and ethnic minorities may also hold intoler-ant views about the majority population. Forexample, ethnic minority individuals maybe harassed by people within their owngroup if they are perceived as having be-come too well integrated or having adoptedDanish norms. Certain ethnic minoritygroups hold the opinion that women shouldnot enjoy the same opportunities and rightsas men, and in some cases, suppressive anddiscriminatory traditions such as forcedmarriage and female genital mutilation arestill practised.There have also been instances of second-generation immigrants throwing stones and

other projectiles at homosexuals, and offundamentalists in Denmark issuing threats,abuse and incitements to kill members ofother ethnic minorities.Freedom to differ does not mean anythinggoes and everything is equally good. Free-dom for the individual is limited by con-sideration for other people.We should never use ‘culture’ – or anythingelse – as an excuse for suppressive behavioursuch as racism, female genital mutilation orforced marriages.Freedom to differ can only thrive if there isbroad support in society for the commonfundamental democratic values of freedom,equality, responsibility, duty and activeparticipation. These values contribute to thewelfare and development of society andpave the way for its citizens to work togetherto solve problems in society.The Government’s Vision and Strategies forImproved Integrationfrom June 2003 out-lines numerous government initiativesalready launched, which highlight the basicobligations that everyone living in a demo-cratic and diverse society has to assumeresponsibility for.The open democratic society is a naturalframework for the mutual responsibility thatensures freedom and respect for minoritygroups. It is therefore a paradox that societyincludes groups of individuals who de-nounce the very same system that providesthem with protection.

It is paradoxical not only in terms of the anti-democratic forces that exist in groups ofNeo-Nazis, Islamists and others, but certain-ly in terms of ordinary people as well.Why do some members of ethnic minoritygroups choose to turn their backs on Danishsociety? Why do some isolate themselves inclosed environments in residential areas,private Muslim schools and so on?Could it be that our society does not re-present a credible alternative for ethnicminority groups? Could it be that oursociety, despite our well-meaning demo-cratic intentions, is in many ways perceivedas a closed society?Is our society alienating minority groupswhen well-qualified young people have dif-ficulty finding placements or jobs, whenpeople do not meet acceptance of theirreligious beliefs, or when they have diffi-culty finding a suitable burial ground fordeceased relatives?And does the minority response of retreatinginto traditionalism and fundamentalism orshowing disrespect for widely acceptednorms and values actually widen the gap?There are many signs that we are dealingwith a vicious circle – a circle that thegovernment wants to break.In the view of the government, we can breakthe vicious circle by:• Enhancing the quality of dialogue be-tween different groups in society15

• Putting the focus on the responsibilitiesof citizenship and common democraticvalues so that ethnic minorities gain abetter understanding of the advantagesof democracy and the process of integra-tion• Working to make society more inclusiveand better at dealing with cultural diver-sityNot everything can be regulated throughlegislation. Legislation is a natural and ne-cessary bulwark against anti-democraticforces, terrorism, discrimination, racialhatred, coercion and violence.However, our shared consciousness of whatis right and wrong is far more important inhelping us to get along with each other on adaily basis.The problem today is that notions of rightand wrong often seem less clear-cut thanthey used to. In many situations, peopleseem to have little understanding of orrespect for what is acceptable or unaccept-able behaviour.Obviously, when people display lack of sen-sitivity, others will feel offended. Suchbehaviour could be shouting abuse at peoplein public or not respecting them at work,because of their gender or skin colour. Otherexamples could be the public burning of anational flag or derogatory comments aboutcertain groups of society.

These are examples of personal violation aswell as the violation of our collective under-standing of right and wrong.One of the government’s concerns in thisconnection is whether we as a society canagree on some general human values thatapply regardless of religion, culture andlanguage, and could serve as commonanchors for our society. Can we lay thegroundwork for a set of common values thatcan help to instil more respect throughoutsociety?As mentioned earlier, Danish society isfounded on values such as democracy, free-dom and equal treatment. We must continueto uphold these values. At the same time, weneed to understand these democratic valuesbetter so we can put them into practice, givethem a concrete place in our daily lives andexplain to people who have not beenbrought up in a democratic society, why wehave certain expectations of them.It is also reasonable to ask whether we knowenough about the values represented byother cultures. Joining the debate aboutissues such as headscarves, halal meat andgenital mutilation requires a good ground-ing in democratic values as well as know-ledge about the values held by other culturalgroups.Do we dare to take up the challenge andengage in open dialogue, or would we ratherturn our backs?

The Ministry of Refugee, Immigrationand Integration Affairs will providefinancial support to enable local inte-gration councils or coordination com-mittees to organize dialogue meetingsfocusing on ethnic minority participa-tion in political activities. They couldbe local meetings held in communitycentres, libraries and associations, orlarge-scale events. Among other things,dialogue meetings will provide infor-mation about the opportunities forparticipating in local and nationalpolitics and forge understanding of theimportance of participation for theindividual and for democracy. Dialoguemeetings are intended to build a bridgebetween ethnic minorities and thevarious political parties and associ-ations.

The Ministry of Refugee, Immigrationand Integration Affairs will prepare apamphlet on the opportunities forpolitical involvement as part of dailylife. The pamphlet will focus on localdemocracy and active participation inthe local community, for example,through user committees at schoolsand day-care institutions, associations,and cultural and recreational activities.The pamphlet is intended to supple-ment the handbookCitizen in Denmarkand will be handed out to new arrivalsin the local municipality. The pamphletwill be translated into several lan-guages and designed for use by avariety of target groups, including newcitizens who have not yet learnt to readand write Danish.

The employment rate for immigrants andtheir descendants from third countries –countries outside the Nordic region, the EUand North America – is far too low. Only53% of 16–66-year-old foreigners from thirdcountries are currently part of the workforcecompared with 80% of the Danes. Unem-ployment among immigrants and theirdescendants who are members of the work-force, is on average three times as high asfor Danes.There are several explanations for the loweremployment rate of immigrants. Part of theexplanation could be the educational back-ground and language skills of the immigrantpopulation. Another reason could be thatsome Danish companies are resistant tochange and organize work in a way thatmakes it difficult for immigrants to gainfoothold in the labour market.The barriers that keep ethnic minoritiesfrom joining the labour market are a socialproblem. As well as being a waste of humanand professional resources, unemploymentamong ethnic minorities is a financial bur-den for society. The age imbalance expectedin the population in coming years will alsomean a severe decline in workforce num-bers.Fast, more effective integration in the labourmarket, private and public sectors alike,offers considerable potential for employ-ment opportunities and economic growthin society. Furthermore, experience showsthat employee diversity can raise the skilllevel of companies and stimulate businessdevelopment.

Strengthening the ties of resident refugeesand new arrivals with the labour market isone of the government’s key priorities. On24 May 2002, the government entered intoan agreement with the two sides of industry,management and labour and the associationof municipalities regarding the integrationof refugees and immigrants into the labourmarket. Based on the government’s integra-tion proposal of March 2002, the agreementemphasizes the responsibility of all partiesto help give new arrivals an active start sothat they can find jobs as fast as possible,primarily through Danish language classesand workplace introductions.Another element of the agreement of 24 May2002 was the decision to set up regionalknowledge centres to assess the qualifi-cations of refugees and immigrants. Fivecentres will be set up throughout Denmarkin the course of 2004. The purpose of theknowledge centres is to make sure that allpublic authorities have access to qualifiedinformation and advice about qualificationassessment. The centres should supplementand qualify initiatives already undertaken inmunicipalities and the public employmentservice (AF).The two sides of industry have announced afocus on incorporating solutions in collectivepay and employment agreements to ensureintegration is implemented according to astepwise model. This means that individualworkplaces will make local agreements onconcrete working conditions, lower startpay, for example, or reduced working hours.

Businesses and municipalities can enter intoagreements for refugees and immigrants tofollow a cohesive integration plan in closeassociation with a workplace.The government has also implemented anincentive scheme starting on 1 January2004. The municipalities will receive finan-cial support in the form of a DKK 30,000‘result subsidy’ for every foreigner in regularemployment after the three-year introduc-tion period. By agreement with the localmunicipality, businesses will be reimbursedfor the cost of upgrading the professionaland language skills of new employees.The labour market-related tasks of the inte-gration councils have been transferred to thecoordination committees to simplify thecommittee structure of local integrationwork. The coordination committees havebeen bolstered by the addition of a repre-sentative from the local integration council.The integration and employment reformscomplete the government’s implementationof legislative measures to pave the way forfast, effective labour market integration. It isnow up to the municipalities, businesses andemployees to seize the opportunities toaccommodate ethnic minorities in work-places around the country.

ket. The government will instigate dis-cussions with the two sides of industry,management and labour, about theneed for campaigns to shape publicopinion, with focus on the specialprofessional and cultural skills andresources of ethnic minority workers.The campaign will focus on the advan-tages of the diverse workplace wheredifferences are not only accepted butactively encouraged, appreciated andused to enhance the quality of the com-pany’s products and create a stimulat-ing and challenging network of col-leagues. The campaign is also intendedto help increase the cultural under-standing of businesses and employeesin relation to welcoming colleaguesfrom different cultures and ethnicminority backgrounds.

LO and DA have launched a projectcalledThe Whole Family at Workin-tended to motivate small municipali-ties to work together to promote labourmarket integration. The project in-volves developing new guidance tech-niques and methods for the wholefamily (household). The idea is thatfamilies continue to be the focus of in-tegration efforts until every member ofthe household is employed or receivingeducation.In 2001, LO issued a publication en-titled “Taking the Lead in Integration”aimed at shop stewards and employers.The publication contains integrationtools for the labour market and reviewsthe positive and negative lessonslearned by companies in their efforts tointegrate ethnic minorities.

3.7 HousingThe everyday life of the local communityplays a key role for the integration of ethnicminorities into Danish society. In general,contact between Danes and ethnic minori-ties tends to be limited due in part to thehousing patterns of the various populationgroups.Many ethnic minorities live in relativelyconcentrated districts in major urban areas,typically apartment buildings in socialhousing complexes. These areas are oftensocially isolated and rife with unemploy-ment, social problems and youth crime.Successful, highly skilled residents tend tomove away from these disadvantaged areas.This exacerbates the problem and preventsthe informal, daily integration of ethnicminorities through contact with Danishneighbours that could otherwise happen inresidential areas. This form of migrationcontributes to the isolation of ethnic mino-rities from the local community.Residential areas offer many opportunitiesto strengthen social networks, for example,through local activities, organized sportsand recreational activities, and voluntaryinter-cultural initiatives. Appealing andunusual local activities give people thechance to get together on an equal footingand learn more about each other’s culture,values and norms. Such activities help togive these residential areas a better repu-tation and make them more attractive.

The government wants to work to en-courage a more varied mix of residents,particularly in larger disadvantagedsocial housing complexes, by allowingresidents to purchase their own home,for example.The government will also support ini-tiatives that focus on civic democracyand activities that encourage socialinteraction between Danish and ethnicminority residents. Examples of suchinitiatives could be family-to-familyand neighbourhood watch program-mes, networks to help new residentssettle in, and activities to inform resi-dents about the objectives and organi-zation of civic democracy.Support can also be given to projectsthat encourage ethnic residents to joincultural, sporting or political activitiesin the local community outside theirimmediate residential area.

3.8 Culture and recreationThe commitment of cultural institutionsand organizations is the primary drivingforce behind initiatives to promote culturaldiversity. The cultural sector’s contributionto fostering inter-cultural understanding isusually a by-product of overall goals tocreate a framework for cultural develop-ment, humanitarian information and edu-cation. The government will continue tosupport this vital commitment, which hasspawned many interesting and valuableprojects such as FINFO (www.finfo.dk), aninternet service catering for minoritylanguage groups in Denmark, and a libraryservice for ethnic minorities (www.indvan-drerbiblioteket.dk) plus numerous activitiesin museums throughout Denmark focusingon the meeting of different cultures.

An initiative has been planned in con-junction with the URBAN Programmeinvolving the Gellerup, Hasle andHerredsvang districts of Århus. Theidea is to put Danish families with solidties to the labour market in touch withethnic minority families who are un-employed. The families commit them-selves to invite each other to theirhomes for both social visits, but alsowith the intention of building profes-sional networks. The families arematched by professional interests andbackground. It is hoped that themeetings will give the families greatercultural insight, a better understandingof each other’s professional situationand the opportunity to be part of a pro-fessional network whose long-termgoal is to open the way for employment

Cultural History in Randers havecarried out surveys of integrationprocesses seen from a local and con-temporary perspective. Varde Museumheld an exhibition about the historicuse of headscarves in Denmark, andthe South Jutland Art Museum or-ganized an exhibition about immigrantinfluence on urban structural change.Viborg Stiftsmuseum and the munici-pality of Viborg work together toensure all refugees in the municipalityare given a tour of the town and themuseum’s permanent exhibitions, aspart of the local integration pro-gramme. The museums in Fredericiaplay an active role in formulating themunicipality’s integration policy andare involved in integration and identityprojects.Sport provides unique opportunities to inte-grate new Danes into the cultural life ofDenmark. Sport is universal and offers acommon arena where everyone can takepart regardless of cultural background.However, the whole concept of associationsas they exist in Denmark is unknown tomany people who come from other coun-tries. Mutual cultural insight should beencouraged in associations with a prepon-derance of ethnic minorities.

The government will continue to sup-port initiatives aimed at reinforcingintegration through local sports activ-ities. The government particularlywishes to encourage young new Danesto take part in local societies and sportsassociations. The political parties be-hind the 2003 agreement on specialallocation funds (The Social Democrat-ic Party, Venstre, Denmark’s LiberalParty, The Conservative Party, TheDanish Social Liberal Party, TheChristian People’s Party, and The So-cialist People’s Party) have earmarkedfunds to help boost the numbers ofethnic minority youth in local societiesand sports associations. If the fundcannot provide enough support tofinance all qualified applications, thegovernment will look into furtheroptions for supporting these projectsfrom other allocation funds.

minority youth from eight sociallystrained districts in Copenhagen, Århusand Odense. The aim of the project is togive these young people the chance totake part in basketball training sessionsand local music events in order to inte-grate them into volunteer-run sportsactivities.The Danish Guide and Scout Asso-ciation has received funds to producea recruitment folder in various lan-guages. The folder is aimed first andforemost at the parents of young newDanes in the hope of involving more ofthem in the work of the scout move-ment, both as regular members and asleaders.The Ministry of Refugee, Immigrationand Integration Affairs has also sup-ported the ‘Partier med Plads’ project.This project for inclusive political par-ties, originated as a joint effort by abroad cross-section of political youthand ethnic organizations. Its aim is tocreate awareness of political and demo-cratic processes among ethnic minorityyouth.

management, offering tools and skillsto enable them to take active part insporting and cultural activities as train-ers, leaders and promoters. The aimis to provide the new inter-culturalsports coaches with a skill set thatwill help them act as bridge-builders,primarily between sports clubs andpeople with ethnic minority back-grounds.Organized jointly with the DanishGymnastics and Sports Associations,the course opens opportunities forindividual sponsorships.Eight participants completed the spe-cial inter-cultural sports coach coursein autumn 2002, four completed it inspring 2003 and five have been admit-ted for the autumn 2003 session.For further information aboutDanish Folk High Schools andethnic minorities, visitwww.minoriteter.hojskolerne.dk

■Chapter 4. ConclusionDanish society needs to provide more roomfor diversity, and we need to get better atexploiting its advantages. The governmentwants to eradicate prejudice and intoleranceand work towards creating an all-inclusivesociety. The government intends to combatall forms of illegal and racial discrimination.The government has presented a series ofproposals and initiatives in this action planto promote equal treatment and diversityand combat racism. In 2003, DKK 2.6 millionfrom the special allocation funds has beendedicated to implementing the initiatives,and DKK 2.5 million will be allocated in2004. The government will also earmarkmoney from the Ministry of Refugee,Immigration and Integration Affairs fundfor research, urban development and theProgramme for Inclusive Cities.The government’s action plan to promoteequal treatment and diversity and combatracism is an attempt to build a cohesivesociety with room for diversity and focus onthe individual. It would be naive, however,to think that we can achieve this goalthrough an action plan alone. The work ofcombating racism and intolerance willrequire effective long-term efforts. One ofthe objectives of an action plan is to attractas many players as possible and involvemunicipalities, the two sides of industry,management and labour, organizations,associations, local integration councils andindividuals. Everyone shares responsibilityfor creating an open, inclusive and cohesivesociety where everyone makes an active,committed contribution.

Reporting from the Danish Institute for Human Rights (DIHR)National Strategy on Equal TreatmentIn it endeavors to combat all forms of discrimination and promote equal treatment, the DanishInstitute for Human Rights is in the process of developing a proposal for a national strategy onequal treatment. The strategy is based on a horizontal approach to discrimination and attemptsto create a holistic dimension to the phenomenon of discrimination. The main purpose of thestrategy is to compare and identify lack of legal and substantial protection in differentdiscrimination areas, coordinate and find common methods in combating discrimination andcome forth with recommendations as how concretely to implement and mainstream theprinciple of non-discrimination in Denmark. The strategy is being complied in close dialoguewith organizations representing ethnicity and race, age, the disabled, the sexual minorities,gender and religion and belief. The Institute hopes to be finished with the work primo 2005.Training integration facilitatorsA project with the aim to include ethnic minorities in the reception and integration ofnewcomers to Denmark (immigrants and refugees) has been undertaken by the DanishInstitute for Human Rights, from January 2003 - July 2004. The overall goal was to createawareness of the importance of taking citizenship1for newcomers with refugee or immigrantbackground.The more concrete aim was to develop a concept of training 'integration facilitators' whosefunction was to initiate conversations with newly arrived refugees and immigrants in theDanish society in order to inspire them to reflect upon their hopes and expectations for theirnew citizenship. The focus was on training communication and dialogue technique based onthe 'Appreciative inquiry' approach. This method builds on how you as an integration facilitatorthrough your appreciative questions invite newcomers to dialogue, focusing on the resourcesand best experiences of the individual. Making the individual newcomer reflect upon 'how canI contribute to the Danish society, and what are my previous experiences being a fellow citizenand with taking citizenship, taking part in decision-making; participating in the development ofsociety.Citizenship issues like democracy, human rights, equal treatment, diversity etc. were part of thetraining concept.Participants in the training course were members of the municipal integration councils withethnic minority background. This target group was elected because of their unique interculturalknowledge and experience, as well as for their function in a democratic organ could be a goodinspiration and role-model for newcomers. The Council for Ethnic Minorities under the1Citizenship in this context understood as active participation in the Danish society in a wide range of activities, being a

Minister for Integration, Refugee and Immigrant Affairs participated in a steering group for theproject.This project took its points of departure in the principle of ‘equal treatment’ (where securingequal opportunities must be seen as the human rights standard for equal treatment), and is partof the anti-discrimination work of the institute. The aim was to offer an integration perspectivebased on good experiences and defined and communicated by ethnic minority citizens, in orderto empower the new ethnic minorities and enhance their prospects for citizenship and jointinfluence, and thereby ensuring equality.The Danish Complaints Committee for Ethnic Equal TreatmentAccording to EU directive 2000/43/EC implementing the principle of equal treatmentbetween persons irrespective of racial or ethnic origin, also known as the Racial EqualityDirective, all EU Member States shall “designate a body or bodies for the promotion of equaltreatment of all persons without discrimination on the grounds of racial or ethnic origin.” TheMember States shall ensure that the competences of these bodies, among others, include“providing independent assistance to victims of discrimination in pursuing their complaintsabout discrimination.”June 2002 the Danish Institute for Human Rights was given mandate to lift this task with thepassing of Act no. 411 governing the Establishment of the Danish Centre for InternationalStudies and Human Rights. In May 2003 the Danish Parliament implemented the part of theRacial Equality Directive concerning prohibition against racial discrimination outside the labormarket by passing Act no. 374 on Ethnic Equal Treatment. The Act gives the Institute powersto hear complaints over discrimination on grounds of race or ethnic origin within a number ofareas outside the labor market. On this ground the Institute established the ComplaintsCommittee for Ethnic Equal Treatment in October 2003. In March 2004 with the passing ofAct no. 40 amending Act on Prohibition against Discrimination in Respect of Employment itwas decided to also give the Danish Institute for Human Rights powers to hear cases ofdiscrimination on grounds of race and ethnic origin within the labor market.The Complaints Committee consists of a chairman and two members appointed by the boardof The Danish Institute for Human Rights. Two of the members shall have a juridicalbackground. It shall be aimed at that both sexes are represented in the Committee and that atleast one member has another ethnic origin than Danish.The object of the Complaints Committee is to hear complaints over discrimination on groundsof race or ethnic origin. Further, the Committee hears complaints in which a person has beenvictimized as a reaction to the person’s complaint of discrimination on grounds of race orethnic origin.The Complaints Committee can hear cases on the basis of individual complaints or on its owninitiative, for example on basis of information from NGOs, the news, and so forth.

In concrete cases the Complaints Committee can decide whether there has been a violation ofthe prohibition against discrimination or against victimization. The Complaints Committee alsohas the possibility to offer mediation as an alternative to the Committee’s hearing of the casewhen this seems to be the best solution The Committee’s decisions are not legally binding, andthe Committee cannot impose any sanction on the respondent or award the complainant anykind of damages as a result of discrimination. However, in cases where the Committee findsthat there has been a violation of the prohibition against discrimination or against victimization,the Committee can recommend granting free legal aid at the courts to the complainant.Besides hearing concrete cases the Complaints Committee can also on its own initiativeconduct independent surveys concerning discrimination, publish reports, and makerecommendations.The MIA-Project - for diversity in working lifeWork plays a crucial role for most people. But not everyone enjoy equal opportunity forparticipating in working life. Gender, as well as ethnicity, age, sexual orientation, disability andreligion influences our possibilities and they are often grounds of discrimination. On the basisof the two EU-directives on equal treatment and with support from the EU, The DanishInstitute for Human Rights in 2003 launched The MIA-project – a comprehensive projectabout diversity and equal opportunities in working life.The overall message of the MIA-project is: “Stop discrimination and use human differences asa resource for business and society”. As such the MIA-project is not only about legislation andproblems of discrimination. It is also a positive vision of a society made strong and innovativethrough plurality and inclusiveness. Companies are important institutions for societaldevelopment and change. The idea of the project is to target companies to raise awarenessabout discrimination and promote diversity in this area as well as other areas of society.A diversity award for leadership – named the MIA Award (MIA being the Danish acronym forDiversity In Working life) was instituted in 2003 and given to three companies – a small, amedium and a big company - at a festive award event in March 2004. The MIA Award 2005competition will be launched November 2004.The 5 principles that companies should respect to qualify for the MIA Award are (in short):1)2)3)4)5)make diversity a resourceensure equal opportunities and combat discriminationinclude all relevant minority/identity groupstarget all phases of employees life cycleInvolve employees and target groups

A new policy for foreignersThe Government’s policy for foreigners rests on three fundamental considerations.Denmark’s commitments under international conventions must be honoured.The number of foreigners coming into Denmark must be restricted, and stricter requirements as totheir duty to support themselves must be introduced.The refugees and immigrants already living in Denmark must be better integrated and get a job faster.Therefore, the incentive to seek work themselves must be enhanced.On this basis, the Government presents the following proposals for discussion with various players,such as the local councils, which play a major role in carrying out the policies on foreigners andintegration. As mentioned in the Government Platform, the Government will introduce bills by 1March 2002 at the latest.

Asylum and refugeesFewer refugees to DenmarkThe Government will abolish the concept ofde factorefugees. Only individuals entitled to protectionunder international conventions will be allowed to live in Denmark. This will mean an essential andfundamental tightening of the conditions for obtaining asylum, which the Government findsnecessary. It is important to approximate the asylum practices of the EU member states. TheGovernment will therefore support the work for common asylum rules in the EU.Today, Denmark recognises a number of countries as safe third countries that do not, in accordancewith the 1951 Geneva Convention, return asylum-seekers to countries where they risk persecution.Asylum-seekers can be refused entry and returned to safe third countries without first having theirasylum applications examined. The Government will work for approval of more countries as safethird countries, making it possible to refuse entry to more asylum-seekers.The Government will abolish the possibility of applying for asylum from embassies abroad.Refugees are not to become immigrantsToday, refugees are issued with permanent residence permits already after three years. It must be theprincipal rule that refugees should return to their countries of origin. The Government will thereforechange the rules so that a permanent residence permit is only granted after at least seven years inDenmark.

Refugees with no permanent residence permits are to be returned to their countries of origin if thesituation changes so that they will no longer be persecuted.If refugees who have been granted asylum in Denmark because they have ties with family inDenmark marry a person from another country, it must be assessed whether the ties with Denmark arestill strong enough. If not, the foreigner is to be returned to the spouse’s country of origin.Refugees travelling to their country of origin on holiday will automatically have their casesreassessed. If they are no longer persecuted in their countries of origin, their residence permits mustbe revoked. Therefore, all refugees must have a travel restriction entered in their passports so thatthey can only travel to their countries of origin after having applied to the authorities to have thetravel restriction lifted.More stringent processing of asylum applicationsNobody who hides from the authorities will have an application for asylum in Denmark examined.This means that it will not be possible to go underground while one’s application is being examined.Asylum-seekers whose applications for asylum are refused are to leave the country immediately andnot, as today, only after 15 days.The manifestly-unfounded procedure is to be applied in more cases. Cases considered by the DanishImmigration Service to be manifestly unfounded, but incapable of determination by the manifestly-unfounded procedure, are to be determinable by the chairman of the Refugee Board on his own.It must be made possible to carry out the expedited manifestly-unfounded procedure in one day – forexample in case of entry of a large number of asylum-seekers of a nationality normally unable toobtain asylum.The composition of the Refugee Board is to be changed. Today the Board has five members: A judge,two ministerial representatives, a representative appointed by the General Council of the Bar and LawSociety and a representative appointed by the Danish Refugee Council. In future, the Board will onlyhave three members: A judge, a ministerial representative and a representative appointed by theGeneral Council of the Bar and Law Society.Control with foreigners living as tolerated residentsForeigners whose applications for a residence permit have been refused due to serious crime will notreceive the usual social benefits, and legal authority to order them to reside at the Center Sandholmshould be provided. In any circumstances they will have a duty to report to the police. If theycontravene the duty to report, it must be possible to detain them.

As a point of departure, foreigners who have not been issued with a permanent residence permit mustbe returned if they cannot manage without public maintenance.In all cases of reunification of spouses, a maintenance condition must be made.It will be possible to make reunification of spouses conditional on the provision of a financial securityof DKK 50,000 to cover any future maintenance expenses. It must be made possible to enforce claimsfor repayment of maintenance expenses, etc., borne by public funds.It will be a condition that the spouse living in Denmark has not received any social benefits for acertain period before the reunification, provided that the spouse in Denmark is capable of working.Special rules apply to refugees and persons with a protection status.

Family reunificationFewer family reunifications in DenmarkThere will be no statutory right to reunification with a spouse.Basically, no reunification of spouses will be granted if one of the spouses is under 24 years of age.The generally more lenient access to reunification with refugee spouses will be abolished in all caseswhere the marriage was only entered into after the flight to Denmark. In such cases, reunificationwith a spouse can be refused pursuant to the same rules as those that apply to reunification with aDanish spouse.The condition that the spouses must have ties with Denmark must be extended to apply also to Danesliving in Denmark so that also in these cases reunification with a spouse takes place in the countrywith which the aggregate ties are greatest. The assessment of whether the condition of ties is satisfiedwill emphasise several factors, including the ties of the person living in Denmark with family in theintended spouse’s country of origin. When one of or both the parents of the person living in Denmarkhave come here from the same country as the intended spouse, the person living in Denmark willoften have such ties with family in that country that the condition of ties is not satisfied.The current access to family reunification with parents over 60 years of age will be abolished.In family reunification cases, the local council will be asked to furnish all information of importanceto the family reunification case so that the Danish Immigration Service can take it into account whenexamining the application for family reunification.Marriage conditions will be tightenedThe general conditions of the Marriage Act for entering into marriage will be tightened so that bothspouses have to be lawfully resident in Denmark. This means that persons with unlawful orprocedural residence in Denmark – such as asylum-seekers – cannot get married in Denmark.

Combat against marriages of convenienceThe marriage authorities must make known to all married couples that marriage in Denmark does notautomatically mean that the foreign spouse can obtain a residence permit for Denmark.If a spouse is not living permanently in Denmark, the couple has to sign a declaration before theymarry stating that they are familiar with the family reunification rules and that they know that amarriage of convenience does not confer a right of reunification with a spouse.The marriage authorities are to report cases of suspected marriages of convenience to the DanishImmigration Service so that such information can be included in the examination by the DanishImmigration Service of any subsequent application for reunification with a spouse.

Tightened conditions for permanent residence permitsIt will apply generally to all foreigners that they can only obtain a permanent residence permit afterseven years. This means that refugees can be returned if the situation in their countries of originchanges within seven years so that they no longer risk persecution. Also, persons reunited with theirfamily can be returned, for example if they are divorced from the person living in Denmark withwhom they were reunited before the seven years are out.Foreigners who have committed serious crime, such as drug-related crime, people smuggling,homicide, aggravated assault and violence, and rape will not be able to obtain a permanent residencepermit. Foreigners who have committed other crimes and have not been expelled will only be able toobtain a permanent residence permit after a prolonged waiting period. The waiting period will be of atleast five years if the foreigner was sentenced to imprisonment. The waiting period will increase withthe severity of the crime committed by the foreigner.It will also be a condition for a permanent residence permit that the applicant has no debt due to anypublic authorities.Stricter enforcement is required of the condition that the foreigner must have completed anintroduction programme offered to him or her in order to obtain a permanent residence permit. Thistightening will be effected in connection with the review of the Integration Act in the parliamentaryyear 2002-2003.

International initiativesThe Government will work to enhance aid to neighbouring regions of countries suffering fromconflicts or civil war. In the further reorganisation of the Danish aid policy, the Minister for ForeignAffairs will draft a proposal for Denmark’s aid to countries that have experienced a large influx ofrefugees within the framework of the Government’s new focus on the action against poverty in theDanish aid policy. Proposed initiatives will concern both the bilateral aid to single countries and theaid through international organisations and NGOs.During the Danish EU Presidency, Denmark will work for enhanced understanding for theimportance of a neighbouring region strategy. In that connection, Denmark will ensure continuationof the work in the EU concerning the conclusion of agreements under which third countries undertaketo take back their own nationals and other persons who have previously resided in such country for acertain period if their applications for asylum are refused, and the like.Developing countries who will not accept expelled own nationals or nationals refused entry will bedeprived of any Danish aid.

Integration in the labour marketMore people are to work, and fewer people are to be on public maintenance. It must pay to work, andthe employment policy will be adapted to effectively motivate and equip the individual person forordinary jobs in the labour market. This applies to foreigners coming to Denmark, and it applies toDanes.The Government will introduce an action plan “More People in Work” next autumn in the light of ananalysis of the overall employment policy. Foreigners coming to Denmark have resources not usedactively today in the Danish labour market. Integration into the Danish society is best effectedthrough employment ties, while a larger influx to the workforce is needed in the coming years. Theaction plan will therefore have a special section on further initiatives aimed at the labour market for“Immigrants in Employment”.The increased requirements of self-maintenance will provide a strong incentive for foreigners to enterthe labour market.Qualifying principle for full cash benefitsAs a point of departure, foreigners will not be maintained by public funds. In some cases it isnecessary to deviate from this principle. This applies above all to the foreigners who obtain a status ofprotection.

In these cases the Government will introduce a qualifying principle for cash benefits so that onlypersons who have resided in Denmark for at least seven out of the preceding eight years are entitledto full cash benefits. Persons coming to Denmark in future will be subject to the new rules. Thisapplies to both foreigners and Danes.The Government finds that an adjustment of the rates has long been needed. So far, typically, newlyarrived foreigners have received such high cash benefits that the earned income that they couldotherwise obtain has been far from measuring up to this level of maintenance. With the current ratesof cash benefits, two providers who both receive cash benefits receive a total amount of DKK 21,044per month before tax. If only one of the spouses gets a job, the monthly wage before tax must beDKK 22,874 in order to correspond to the couple’s total cash benefits. The wages of about two-thirdsof adult wage earners in the industrial sector are below this level.If various other benefits, such as special assistance for high housing expenses, etc., housing subsidiesand reduced payment by parents for child care institutions, are taken into account, the wage has to beeven higher to reach the cash benefit level.It is important for the Government that the future rates are at a level that means that it will always payto leave the public maintenance system and get an ordinary job.Persons falling within the new rates during the seven-year period will, as a minimum, be certain ofbenefits corresponding to the level of the benefits granted to students in Denmark for theirmaintenance.The new rates and disposable amounts appear from the table below. The disposable amount is themonthly amount available to the households in the selected family types for clothing, food and otherdaily necessities after payment of tax, housing expenses, child care institution, etc.Current rates, new rates during the seven-year period and disposable amounts, 2002-PLExamples of family typesCurrent rulesDuringDisposableDisposableper amountperseven-year amountperiodmonthunder month duringcurrent rules seven-yearperiod2,1032,4632,103

During the seven-year qualifying period, the large majority of family types will be sure ofmaintenance benefits constituting amounts in the order of 50-70 per cent of current cash benefit rates.As the table shows, the incentive to take work is considerably enhanced by the new rates. The newrates have been fixed at a level at which, for all family types, it should be a financial advantage ifonly one of them accepts a job at the minimum wage level.To further increase the incentive to seek work – including part-time work – people will be allowed tokeep a larger part of their earned income during the seven-year qualifying period before their benefitsare subject to deduction. The cash benefits will only be reduced by the part of the ordinary workincome that lies beyond DKK 28 per hour against DKK 11.50 under the current rules. So in future itwill also pay to take a part-time job.The Government will also change the rules for rehabilitation benefits so that persons subject to theseven-year rule will not obtain a higher income by entering the rehabilitation system rather thanreceiving the new, lower cash benefit rates.The reduced rates are an essential first step towards increasing the incentive to work for persons whohave stayed in Denmark for less than seven out of the preceding eight years. Despite the reducedrates, families with children will in many cases continue to have rather large amounts at their disposalafter payment of fixed expenses. This is due to other benefits, such as housing subsidies, childallowance and reduced child care institution prices. The Government will therefore review these rulescarefully in connection with the analysis of the overall employment policy for the purpose of “MorePeople in Work”.Better introduction for newly arrived foreignersIt is crucial that the foreigners who receive public maintenance are quickly introduced to the principleon which the Danish maintenance system is based. The individual has rights and duties, and in return

he or she is sure of a basis of maintenance until self-maintenance is possible through ties with thelabour market. Therefore, an individual agreement must be concluded between the foreigner involvedand the local council. The agreement must clearly state the elements that are included in theintroduction course and the demands for completion that are made on the foreigner. The agreementconcluded will thus describe both the needs of the individual for, for example, Danish courses,upgrading courses or job training, as well as sanctions in the form of reduction of benefits in case ofabsence.The municipal introduction programmes for newly arrived foreigners must thus be made more work-related. It must be clear from the start that the goal is that each foreigner enables himself or herself towork and finds a job. The duties of the local council and the newly arrived foreigner must appear indetail, and it must be clarified what sanctions apply to the newly arrived foreigner in case of absencewithout good cause.The Government will discuss with the local councils how to provide better incentives for the localcouncils to carry out an efficient activation effort.The Danish courses must be improved and made more work-related. The Government will checkwhether the financing system can be reorganised to provide better incentives for pupils, languagecentres and local councils to carry out efficient Danish courses.The qualifications of the newly arrived foreigner must be clarified more easily and faster. This mustbe done, for example, by testing their working capacity in enterprises, by courses in educationalinstitutions and by approval of qualifications at the Danish Centre for Assessment of ForeignQualifications.

Fulfilment of these conditions must be proved by a certificate from a special test. The test can bedone at the national language centres independently of courses, but against a fee to cover the costs ofthe test.The current possibility of exemption from the language condition for persons over 65 years of agewill be abolished.All applicants for Danish nationality must sign a statement declaring that they will observe Danishlegislation and honour fundamental Danish principles of law, including the human rights.It will become more difficult for persons who have committed crimes to obtain Danish nationality.Crime resulting in two years’ imprisonment or more will completely preclude the person from Danishnationality. For persons sentenced to a lesser punishment, the waiting period will be extendedcompared to current rules. The waiting period will be at least two years and will increase with theseverity of the crime committed by the foreigner.It will be a main rule that foreigners can only obtain Danish nationality when they have had apermanent residence permit for at least two years. This means that foreigners can normally onlyobtain Danish nationality after nine years. However, stateless persons, refugees and persons marriedto Danes will only need a permanent residence permit for one year. This means that these persons cannormally obtain Danish nationality after eight years.It will no longer be possible for a person to obtain Danish nationality if he or she is in debt to publicauthorities.

Towards a new integration policyAll citizens in Denmark should have access to working and social life – also our new citizens who have come toDenmark as refugees and immigrants. The Government intends to integrate new citizens so that they can take part inworking and social life on an equal footing with the remaining part of the population. Today the proportion of our newcitizens not on the labour market is far too large. If the new citizens’ ties with the labour market were like those of theremaining part of the population, 60,000 more people would have a job. It is a waste of resources if these people donot get a job. Refugees and immigrants are citizens bringing qualities and competencies needed by our enterprises andthe Danish society.In the Government’s opinion it is beyond all doubt that work is the key to successful integration.Already today a number of enterprises have successfully hired staff who came to Denmark as refugees or immigrants.These enterprises have realised that many of the new Danish citizens actually have something to offer.The municipalities also play a vital role in connection with the integration of refugees and immigrants. Severalmunicipalities have very positive experiences of an active and frequent dialogue with local enterprises and havesuccessfully introduced new citizens to the labour market this way.So it is possible – we only have to become much better at it!Work is an important way to becoming integrated, but cannot stand alone. Integration is also about becoming able totake part in other aspects of the social life so that the individual new citizen can become actively involved inassociations and the local board of school governors. Not least to the children is it important that the parents are ableto teach them about both their original background and the society of which they now form part.Integration is our common responsibility. Everybody must take their turn. There is not one single way of doing thingscorrectly, but many different ways. It is the ambition of the Government in connection with the new integration policyto create freedom to find the best solutions in each specific case.The Government presents its proposal on how to make both newcomers like refugees and immigrants, who have livedin Denmark for some time, active and equal partners in society. The proposal of the Government can be summarisedin four main themes:

Short-cut to the labour marketBy far the majority of new citizens coming to Denmark bring along the desire to make an effort to start a new life inDenmark. They have qualities and competencies that are urgently needed by the Danish society in a situation with lowunemployment and the prospect of a shortage of labour. It is therefore essential that newcomers quickly get a jobwhich will enable them to maintain themselves and their families. To this comes the large group of new citizens whohave lived in Denmark for some time, but are not on the labour market. Therefore, new citizens’ opportunities ofgetting access to and a foothold on the labour market must be improved.Today we have numerous complicated rules and subsidy schemes intended to help people receiving cash assistance,unemployed receiving unemployment benefits, and foreigners receiving introduction allowance to get jobs. Varioussurveys have revealed that it is far too difficult for the enterprises to handle and manage the schemes. However, manyenterprises want to contribute to the integration of new citizens at the workplaces and in society, and therefore it mustbe made easier for the enterprises to assume responsibility. Therefore the Government will bring an end to thesubsidisation mentality and the jumble of special schemes focusing more on the specific scheme that is relevant for aparticular person than this person’s qualifications.Part of this new policy is about how to establish the personal contact between the individual and his employer asquickly as possible, which is crucial to regular employment.To find work for new citizens quickly, the Government has planned the following initiatives:

Persons who have had difficulties in gaining a foothold on the labour market, including refugees and immigrants,will be offered on-the-job-training with a private or public employer. The trainee period is to be fixedindividually, but cannot exceed 52 weeks. The individual may also find a training place at his own initiative.Maintenance during the trainee period will correspond to the benefits for which the particular person is alreadyeligible.Persons needing, in particular, language upgrading, but also other kinds of upgrading, will be upgraded throughtheir ties with or presence at the workplace. The upgrading process will be agreed in detail by the employer andthe allocating authority.

2. Introduction to ordinary employmentCompanies may have doubts about the professional and language qualifications of new citizens and therefore theymay be reluctant to hire people whose productivity does not match the collectively agreed wages or salaries, accordingto the employer’s direct assessment. Therefore it must be made possible to employ citizens who find it difficult togain a foothold on the labour market on ordinary terms, but pay them lower starting wages/salaries. The Governmentwould like to point out two models:••Ordinary employment for a period of up to one year at the minimum wages/salaries agreed within the industry(without any supplements/benefits under local agreements).Apprentice pay for a period of up to one year.

3. Shorter way to a permanent resident permit for well integrated foreignersMany new citizens make huge and successful efforts to start a new life in Denmark. They want to become integratedin the Danish society, and they work hard to accomplish that – they acquire knowledge of the Danish language, find ajob and become able to maintain themselves.Such efforts should be rewarded and boosted. Therefore it is essential to have immigration law incentives urgingnewcomers to find a job and otherwise become integrated quickly. The Government will therefore open up for theissue of permanent resident permits earlier than otherwise if a foreigner has made a successful effort to becomeintegrated in the Danish society, one of the conditions being that they can maintain themselves.The Government proposes to make newcomers who have made a successful effort eligible for a permanentresidence permit at an earlier date.

5. From passive to active asylum phaseThe Government intends to streamline asylum proceedings and amend the rules on asylum-seekers’ stay in Denmarkduring the examination of their applications. Some of the asylum-seekers get a residence permit for Denmark. It isessential that the waiting period is used in a constructive way. This we owe not only to the people obtaining aresidence permit for Denmark, but also to people who have to return to their country of origin. Asylum-seekers mustbe given responsibility for daily chores at the accommodation centres. And the activities at the centres must focus onparticipation in the working life. The rules on pocket money, etc., to asylum-seekers must be amended.Furthermore, it must be made a condition for receiving benefits that the individual asylum-seeker participates in thechores at the accommodation centre or that he observes the duty to work as a trainee with a local employer outside thecentre.4

6. Persons who have been reunited with their family must also workBy means of the new rules suggested in the proposal “A new policy for foreigners”, a person reunited with his spousemust be maintained by the spouse living in Denmark. To strengthen its efforts towards persons reunited with theirfamily, the Government proposes that the individual new citizen and his local council should conclude a contractstating rights and duties instead of the action plan prepared at present. Such contract is intended to ensure a highquality introduction programme and to be targeted at education or training and work.The Government proposes to oblige persons who have been reunited with their family to sign contracts with themunicipality.

7. Efforts directed more specifically at work-related training of immigrantsThe educational situation of many immigrants and their descendants is alarmingly poor. Almost half of the young menand more than every third young woman has never completed and are not learning a trade or taking a qualifyingcourse. For other young people this only applies to one in five. At the same time young immigrants and adultapprentices are over-represented in the school-based practical training schemes.The Government will seek to utilise the funds allocated for the Labour Market (Apprentices and Trainees) RefundSystem and other public funds to better stimulate the hiring of young people from the vulnerable groups as trainees byenterprises, for example through more efficient use of the special subsidies financed under the Refund System and byexpanding the present use of the funds of the Refund System to include subsidies for intensifying the work ofapproving more trainee jobs and the work of breaking new ground.

8. Efficient municipalities should be rewardedThe municipalities should be given a financial inducement to find jobs for new citizens right away.Today the Government refunds the expenditure of the municipalities related to the first three years’ integration ofnewcomers. After three years the municipalities have to pay a larger share of the expenditure for cash assistance, jobtraining and Danish courses, but will receive a fixed transition subsidy for each person for another three years.The Government wants to adjust the financing of the integration efforts. To a greater extent money is to be grantedbecause of good results. Municipalities doing a good job will be rewarded. Passive municipalities have to pay theexpenditure themselves.The Government proposes to reorganise the transition subsidy to the municipalities. Instead the money is to beused as rewards to the municipalities who have found work or job training for new citizens.The Government proposes to reorganise the Danish language course subsidies to motivate municipalities and newcitizens to complete the Danish courses far more quickly than today:- As a starting point the municipalities are only to receive subsidies to offer Danish courses for three years to eachforeigner.- Municipalities are to be rewarded for measurable progress made at Danish courses.

10. Local job providersTo ensure an effective employment effort, for example in residential areas with particularly high unemployment rates,the Government will initiate the establishment of local job providers.Local job providers may be individuals, clubs, associations or others in special contact with the local community.They may include local trade associations, youth counsellors, voluntary organisations, etc. The model will not be firm,but must ensure close cooperation with the municipalities/job centres.Job provision should also take place through the Internet and other media, including the job and CV bank of the jobcentres. A large part of the vacant jobs are filled without any actual job advertisements, which means that many newcitizens are shut out beforehand. Provision of jobs in local, social networks may therefore contribute to breaking downthe barriers to the closed labour market, as seen from the outside. New citizens should be encouraged to present theirqualifications on the Internet, where the enterprises can search for and meet specialised employees. The Ministry ofIntegration will co-ordinate the new and existing job sites addressed to new citizens.The Government proposes more local job providers.The Government proposes to use the Internet and other media for job provision.In close cooperation with local enterprises and institutions, the local job centre in Holmbladsgade, Copenhagen, has had successin getting jobs or training for unemployed persons. 43 per cent of the 365 persons who have contacted the job centre havesubsequently got a job or started a training/education programme. Immigrants and refugees account for 20 per cent of this figure.The job centre is open four hours a day and has existed for nearly two years.

The Government is currently drafting an action plan with initiatives to improve the conditions for starting, runningand developing a business. In this context, the Government specifically considers the conditions of ethnicentrepreneurs. This includes considerations on how ethnic entrepreneurs can apply their existing professionalcompetencies to a wider extent when starting their own business.Furthermore, the Government sees a potential in using the experiences and entrepreneurial spirit of many of the newcitizens as a source of inspiration to the Danish culture of entrepreneurship.With its ‘competitiveness package’ the Government has already taken the first steps to improving the conditions ofentrepreneurs in Denmark. The initiatives contained in the package regarding entrepreneurs primarily focus onimproving the financial latitude of owners and employees in connection with business start-up.The Government proposes a special effort for new citizens who want to be self-employed.The Copenhagen Ethnic Business Development Centre is a private initiative. It offers low-rent premises for entrepreneurs as wellas support and advice on rules and regulations, etc. In 2001, 56 enterprises were attached to the centre and 85 were on thewaiting list.

12. Equal opportunitiesThe Government has a special commitment in relation to public sector jobs. The Government will continue the workto ensure that the public sector fulfils the requirement that a certain proportion of its employees are immigrants anddescendants. The institutions must state how they will ensure that the workplace to a wider extent reflects thecomposition of the population.Furthermore, the Government will encourage the municipalities and counties to continue and strengthen their effortsto employ more persons of an ethnic background other than Danish and to remove any unnecessary system barriers.The Government has set up an Equal Treatment Committee to examine ways to enhance equal treatment of personswho are being discriminated and the most efficient ways to provide help for victims of discrimination.The Government proposes that the public sector should employ more persons of non-Danish origin.The Government proposes to strengthen the effort against discrimination.8

13. A more flexible framework for integrationAssociations and enterprises can actively contribute to a more effective introduction of new citizens to workplaces andthe local community. Today, there are a number of committees and councils, including social coordinationcommittees, regional labour market councils, language centre councils and integration councils. Some of them workwell, others less so.The Government proposes to simplify the committee structures and adjust them to the civil society.Two enterprises in Ry Municipality have taken the initiative to conclude partnership agreements with the municipality onemployment of unemployed citizens. 30 enterprises have concluded such partnership agreements with the municipality. Theenterprises undertake to offer traineeships and subsequently jobs to refugees and immigrants. An employee of the enterprise isappointed contact person, who will introduce the enterprise and establish a social network with the other employees and leisureactivities, the local community and the residential area. The enterprise receives financial compensation for the time spent by thecontact person on introducing the new employee. In time the project is to comprise local associations who commit themselves,through partnership agreements, to introducing the new citizens to leisure and association activities.

14. Diversity in the labour marketInternational experiences with diversity management show that many enterprises gain large advantages from focusingon multiplicity, a diversified view of the competencies of their employees and cooperation. The Ministry ofIntegration will gather foreign experiences with integration of new citizens and hold a conference, during thepresidency of the European Union, on integration in the labour market with special focus on an exchange of bestpractices. The Government will discuss with the social partners how the Danish enterprises can benefit from theinternational experiences.The Government proposes to involve the social partners in a dialogue on diversity management.”We have a clear competitive advantage in having a diverse staff. It creates a pleasant atmosphere and a good working climatewith room for people who are different. Our point is that all customers are equally important and this also applies to our staff.”Peter V Jakobsen, staff manager of McDonalds. (Source: Foreningen Nydansker (the association of new Danes)).9

15. No more “Danish first, then a job”Today, Denmark spends DKK 800-900m on Danish courses at the 51 language centres throughout the country. TheGovernment wants to put this money to even better use.Danish courses at the language centres should not prevent the participants from getting jobs. The important point isthe connection between the course and the practical use of the language at the workplace. Moreover, Danish coursesshould not be a burden to the enterprises.Therefore, the rules on reimbursement and subsidies for Danish courses will be revised so that the money follows theindividual into the enterprise. This will break the language schools’ actual monopoly of Danish courses. This willensure greater flexibility in the planning of the courses and the number of lessons.The Government proposes that Danish courses should never be a barrier to employment.

18. Understanding of society included in Danish coursesThe Government wants the Danish courses also to include lessons in the understanding of society and how to set up abusiness. The Danish lessons are to be based on the needs of everyday life and working life and create a connection tothe requirements for becoming a Danish national. Later this year the Government will publish a handbook in differentlanguages for new citizens about the Danish society with information on Danish history and culture and practicalinformation, including how to set up a business.The Government proposes that the Danish courses should include lessons in the understanding of society andinformation on how to set up a business.11

19. Efficient assessment of formal qualificationsThe efforts to assess and approve the educational qualifications brought by new citizens must be improved.The Danish Centre for Assessment of Foreign Qualifications must be able to make binding decisions on recognition offoreign qualifications in a number of cases.Educational institutions, unemployment insurance funds and hiring authorities must accept the Centre’s assessmentwhen enrolling and/or hiring persons with foreign educational qualifications.The Centre must have increased powers in relation to decisions on the right to exercise professions subject to statutoryregulation.Persons with foreign qualifications must have a right to appeal decisions on merit made by educational institutions.The Government proposes to improve the possibilities of mapping and recognising the formal qualificationsbrought by new citizens.

20. Efficient assessment of actual competenciesIt is also necessary to enhance and professionalise the work of specific clarification of competencies and testing ofworking capacity, not least of persons without any formal educational background.A small number of regional units for competence testing will be established for systematic identification of actual andpersonal competencies in collaboration with local enterprises, professional committees and educational institutions.The units are intended solely as an aid to the responsible authority, which will still have full responsibility for theeffort. The units can be established in connection with existing institutions, such as technical colleges or adultvocational training centres.12

The regional units will join the expertise that can:- carry out a systematic identification of actual and personal competencies- assign each individual to an enterprise or an educational institution for testing of his working capacity- assist in getting formal competencies approved rapidly through contact with the Centre for Assessment of ForeignQualifications- draw up a profile of competencies with a proposal for an action plan aiming at ordinary employment.The practicalities of the scheme will be finalised under the Government action plan “More People in Work”.The Government proposes to enhance the possibilities of mapping and recognising the actual competenciesbrought by new citizens through testing of their working capacity.

22. Away with superfluous educational requirementsThe Government will make an end to barriers in the educational system that have an inhibiting effect on theemployment of new citizens – and many Danes as well. The Government will assess whether further educationcourses and short-cycle vocational training programmes, such as the social and health service training programme, canbe offered in other languages than Danish, for example English. Then newcomers would not have to postpone theirfurther education until they have learnt Danish.The Government proposes an end to unnecessary educational requirements. In this connection, the potential formodulisation must be considered as a means of acquiring part competencies in the same way as with the vocationaltraining programmes.The Government proposes an end to unnecessary educational requirements.13

This year there are 1200 vacant places in the social and health service worker training programme and 500 vacant places in thesocial and health service assistant training programme. The Association of County Councils in Denmark estimates that there willbe a shortage of up to 10,000 social and health service workers and assistants in 2011. Today students are required to haveEnglish at 9th-10thgrade level. This requirement is a barrier to many people.In the district home care centre of Inner Østerbro in Copenhagen, 40 per cent of employees have no formal training. “The districthome care centre hires many with other ethnic backgrounds – at the moment we have about 15 per cent with other ethnicbackgrounds,” says Elsebeth Henriksen, head of the district home care centre. “Employees with other ethnic backgrounds haveadded certain values to our care which many Danes have “shelved”. Usually, the respect for the elderly and the work morale ishigh.”

23. Integration prizesThe Government will institute integration prizes to be awarded to organisations, municipalities, shop stewards,volunteers, enterprises, educational institutions or individuals. The prizes are to be awarded for a particularlysuccessful and novel initiative. The experiences from the best projects will be communicated to a wider circle.Among other initiatives, the Government will publish a booklet “Do like them”, describing good examples ofintegration. Some municipalities have such good results that if only everybody did like them, the integration would befar better.The Government proposes to reward good examples with integration prizes.The Government proposes to publish a booklet “Do like them”.

The Government will discuss with the local councils how to ensure that children can speak Danish when they start inschool. The Government will lower the age limit for the offer of language stimulation to children from the current fouryears to three years.In respect of independent schools, more strict supervision is proposed to ensure that teaching is on a level with theteaching in the municipal primary and lower secondary schools.An amendment of the Independent Schools Act will also ensure that state subsidies are only available to the schoolsthat prepare the pupils for living in a society of freedom and democracy and that respect fundamental freedoms andhuman rights.The Government will soften the rules for Danish lessons so that young newcomers over 18 years of age can attendcourses in the municipal youth schools.The Government proposes abolishment of the municipal duty to offer mother-tongue lessons.The Government proposes a change of the age limit for offering language stimulation to children from four yearsto three years.The Government proposes stricter supervision of teaching in independent schools.The Government proposes that subsidies will only be available to schools that prepare their pupils for living in asociety of freedom and democracy.The Government proposes that young newcomers over 18 years of age can learn Danish in the youth schools.

The Enghøj primary school of Avedøre Stationsby has given all children extra Danish lessons. Through improved examinationresults and training of a series of other skills in the children the school has managed to attract the children of majority parents.From being a school of almost 70 per cent bilingual children, the ratio today is about 50-50. “We don’t say: “We have a group ofchildren that are so and so. They will never make good anyway. So let matters take their course.” We’re ambitious on behalf ofthe entire group of pupils.” (Kirsten Schallburg, school principal) Source: Enghøj primary school, 2001.The Helsingør model. Many Romany (gypsy) children were absent a lot, and there was no back-up from parents to solve theproblem. The local council made it part of the parents’ activation for work purposes to see their children to school. If they did notdo so, their activation benefits were reduced.

26. VolunteersDenmark has a rich tradition of popular education and active membership of voluntary associations, and many peopleare today making a great effort in the integration work. The Government wants to discuss with the organisations inthis field how to focus more on the commitment of new citizens.Particularly the folk high schools can provide space for the individual to obtain language skills, contacts,competencies, increased cultural understanding and personal development. The intensive offers of the folk high schoolcan be used to advantage as part of the municipal introduction course and in the general education of young people.The Government will discuss with the ethnic minority organisations how the new citizens can be assisted in theirefforts to get a good and active life. To prevent youth crime, the youth and recreation clubs must be better at offeringactivities that attract young people, also in the evenings and weekends.The Government proposes to involve folk high schools, adult educational associations and volunteers and to givethem more responsibility for integration.Young people from a newly built non-profit housing estate disturbed the peace of an old residential neighbourhood of Næstved. Agroup of volunteer parents headed by a policeman set up a recreational and youth club and got money and support from localbusinesses. Today, 140 volunteer parents each spend three hours a month in the recreational club “Moonlight”.“Global housing organisation”. Friendship agreements are concluded between 150 families in three non-profit housingorganisations at Karlebo, Ølstykke and Hvidovre. The local families introduce and support the new families on issues concerningthe dwelling, the housing unit and the local community, and social networks are created.16

27. More varied housing estatesMany of the large non-profit housing estates are too homogeneous and monotonous. The housing estates have nobusinesses, local workplaces and life during daytime hours and are not attractive to a wider sector of the population.Therefore, a quality lift is needed in these areas where often many new citizens live. The Ministry of Integrationdisposes of DKK 58.5m for this work in 2002.To attract different groups of the population, the Government will endeavour to mix the ownership of the non-profithousing estates. The Government has therefore appointed a committee to prepare a reform that enables occupants ofnon-profit housing to take over their home on a full or cooperative basis.The Government proposes to develop non-profit housing estates with business, public institutions, etc.

28. Assistance to young people forced to marryThe Government will ensure assistance to young people exposed to pressure in connection with the contraction ofmarriages, violence in the family, or the like. Efforts should also be aimed at parents. Assistance should not only begiven from centres. In cooperation with immigrant organisations and others, networks must be created and reaching-out counselling of the young people’s families must be offered. Offers of mediation between the young people andtheir families must be set up. It must be possible for the young people to take up temporary residence at crisis centres.Counselling and lodging offers should be followed up by prolonged stays with host families.Parents must be informed of young people’s rights in Denmark and the individual’s right to make his own choice of aspouse. Both parents and the young people must be informed of the potential health hazards involved in marriagebetween closely related persons.The Government proposes to raise the age limit for family reunification to 24 years, to tighten the condition of tieswith Denmark and to improve the support for escaped girls.Victims of forced marriages can seek help from Foreningen Broen (Bridge Society), Døgnkontakten (24-hour contact service) andDet Etniske Konsulent Team (team of ethnic consultants) in Copenhagen, and Ungekontakten (youth contact) in Aarhus. Inaddition, INDsam (the Federation of Ethnic Minorities) has a special crisis helpline. Together they report about 400 forcedmarriage-like cases a year. Mette Severin, teacher of the Humlehave primary school of Vollsmose (a distressed immigrant estate),says: “More than every second girl comes up and shows me pictures of their intended husbands. The girls say that they areallowed to refuse once or twice, then they have to go off to get married. It’s bigger than we think, this problem.”17

• Preparing a special action plan on diversity, equality and tolerance in the Danishsociety;• Actively working for enrolment of newcomers at independent boarding schools(continuation schools, folk high schools, etc.) and, through dialogue andcollaboration with national non-governmental associations, enhancing the effortsto increase the involvement of ethnic minorities in associations and otherorganised leisure time activities;• Increasing the protection against differential treatment due to ethnic origin. Someof the means are increased protection against harassment due to ethnic origin andnew offers of mediation and assistance in connection with disputes concerningdifferential treatment;• Reviewing legislation concerning financial support and grants, and in thatconnection considering the need for launching further initiatives to ensure thatpublic authorities do not support individuals, associations, etc., if such supportcreates a basis or a framework for racist or other criminal activities or the like;• Introducing a requirement that priests of religions other than the EvangelicalLutheran Church of Denmark must prove worthy of performing religious acts withcivil validity;• Urging religious communities in Denmark to discuss with the relevant universitieswhether the Danish society should be able to meet the demand for qualifiedpriests for the major religious communities in Denmark to a greater extent;• Requiring religious preachers and any accompanying family members to be able tofully support themselves;• Requiring foreigners to provide evidence of a relevant background/education forbeing issued with a residence permit as religious preachers;• Supporting information and communication initiatives aimed at ethnic minoritiesconcerning offers for various patient and disability groups;• Implementing initiatives intended to increase sports activities and improve thehealth and diet of ethnic minority children.

The acceptance that men and women are equals is essential for being able to cope in aworkplace, at an educational institution or in society in general. For the individual it isessential to be treated equally and to have the right of self-determination – the right tomake important life choices as regards partner, family, education, training and work.However, many ethnic minority families adhere to the traditional role patterns,according to which women and girls are not considered equals of men and boys. Thismeans that many minority women live an isolated life in their homes, and the young girlsin particular face a powerful control from their families. It is crucial to break thisisolation and give women the same, really equal opportunities as men. In this connectionit is essential that the women and young girls who opt to break out are offered help andsupport to make sure that this cultural isolation is not merely replaced by fear,loneliness and social isolation.

• Supporting mentor schemes intended to help young ethnic minority women tobecome educated and get a job and managing on their own in the Danish society;• Examining to what extent the Danish courts deal with cases involving theapplication of Islamic law and how such cases are solved in practice;• Implementing an action plan for freedom to choose one’s spouse with initiativesaimed at local and other authorities, crisis centres, schools, youngsters, theirparents, and others, and including information on the 24-year limit for spousalreunification;• Following up on the new possibility of punishing Danish nationals and personsresident in Denmark who carry out or contribute to female genital mutilationabroad, although it is not prohibited under the legislation of the country inquestion, by circulating informative material to teachers, visiting nurses,educationalists and others about duties and possible actions to take in connectionwith genital mutilation.

The integration efforts within the educational field must be enhanced,inter alia,by:9• Implementing a project on ‘parental responsibility’ aimed at assisting parents incarrying out their responsibility as child raisers and developing parental co-operation at schools and day-care institutions;• Working for the education and employment of more persons from ethnic minoritiesin the social, health and education sectors, and examining whether it is possible tomake day-time offers more integration-friendly and attractive to families with anethnic background other than Danish;• Making parents who send their children to their countries of origin pay theexpenses related to their return to Denmark;• Ensuring that parents do not receive any family and child allowances for childrensent abroad for an unreasonably long period and in such a way that they neglecttheir parental duties;• Lowering the age limit for children’s entitlement to a residence permit from 18 to15 years and restricting the eligibility for family reunification with children toexclude situations where one parent is still living in the country of origin. In suchcases in future the specific circumstances of the case must be balanced inconnection with the assessment whether the child is to be issued with a residencepermit;• Launching targeted supervision of private independent schools to check whatinitiatives the schools have taken as a consequence of the new rule that schoolsmust prepare the pupils for living in a society with freedom and democracy.

Integration principle: We have to abandon clientification and show respect by imposingdemands.We must base this principle on the individual’s resources and responsibility. And wehave to abandon the clientification of foreigners arriving in Denmark. It is not a socialoccurrence to arrive in Denmark. A lot of those who have come are generally strong, they havebrought themselves to this country, they have a network in Denmark (which is often the reasonwhy they came), and they bring ‘self-employment incentives’ and a healthy approach towardstheir own ability to support themselves and their families. The problem is not so much theattitude they bring as the attitude they face when they arrive.

It is a problem in both the short term and the long term that ethnic minority youngstershave a high dropout rate at the youth education institutions and that they areinadequately represented at the institutions of higher education compared to theremaining population. We therefore have to look at ways to make the educationalsystem more flexible, taking into account the qualifications of the individual. The goal ofadult training is that immigrants and refugees will get a job as soon as possible and thattraining is correspondingly targeted towards the labour market.Various initiatives have already been launched within training and education, and nowthe efforts will be enhanced further,inter alia,by:

• Examining the possibilities of making language stimulation mandatory for childrenwhose mother tongue is not Danish;• Preparing material to inspire and advise staff of day-care institutions onintegration work;• Supporting the establishment of a pilot project with mentors/adult friends ashomework coaches;• Preparing material for inspiration on integration when teaching young newcomersat youth schools;• Examining the possibility of amending the Act on Independent Boarding Schools tomake it possible for continuation schools to teach Danish as the second languagewithin the existing financial limits;• Setting up the framework for developing a more flexible planning of the start andcompletion of vocational training. It will be possible to complete the training atvarious levels leading to different job profiles;• Committing the universities to offer better guidance for students, includingforeign students – as is already the case in connection with the adoption of thenew University Act – to reduce the dropout rate;

• Presenting proposals for simplification and streamlining of the recording ofqualifications brought by foreigners;• Establishing a small number of competency clarification units;• Gathering experience about the local authorities’ organisation of the workinvolved in the integration of foreigners in the labour market;• Establishing an experience and knowledge portal spanning existing websites anddatabases on integration for the purpose of supporting the experience-sharingincentives of local authorities, the public employment service, enterprises andother players;• Making annual measurements of the effects of the local authority integrationefforts and rendering visible the responsibilities of the local authorities byimproving the information they receive;• FinancingSaScommonSdevelopmentSprojectScreatedSbyStheSlabourSmarketSparties,represented by the Confederation of Danish Trade Unions (LO), the DanishEmployers’ Confederation (DA) and the National Association of Local Authorities inDenmark (KL), with a view to swift implementation of the four-party agreement;• Providing financial support to the Danish national schools of social work for thedevelopment of a diploma course in labour market affairs and in particular theefforts to promote the integration of immigrants and refugees;• Making an effort for further training of social workers and other caseworkers forthe employment service and local authorities to equip them to work in a moretargeted and specific way as job providers so as to find employment forimmigrants and refugees;• Publishing a toolbox – a catalogue of ideas – with a number of tools to encourage adiverse composition of public sector employees.