Retsudvalget 2008-09
REU Alm.del Bilag 642
Offentligt
Royal Danish Ministry of Foreign Affairs
EIGHTEENTH AND NINETEENTH PERIODIC REPORT OF DENMARKCONCERNING THE INTERNATIONAL CONVENTION ON THEELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION
JUNE 2009
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Table of contents
I. 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..........................................................................................................................36Article 7...........................................................................................................................37Article 14.......................................................................................................................43
List of annexes
Annex 1: Reporting on Greenland.....................................................................................................45Annex 2: Reporting on the Faroe Islands........................................................................................50
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I.
GENERAL OBSERVATIONS
1. This is the eighteenth and nineteenth 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 seventeenthperiodic report; document CERD/C/496/Add.1 of 2 September 2005 submitted by theGovernment of Denmark to the Committee on the Elimination of Racial Discrimination on 15June 2005. Reference is also made to the concluding observations of the Committee on theElimination of Racial Discrimination on that report; document CERD/C/DEN/CO/17 of 19October 2006. Reference is further made to the Information provided by the Government ofDenmark on the consideration of the concluding observations of the Committee on theEliminations of Racial Discrimination; document CERD/C/DEN/CO/17/ Add.1. of 7December 2007 submitted by the Government of Denmark to the Committee on theElimination of Racial Discrimination on 24 august 2007.
2. The report covers the period June 2005 – June 2009. To the extent that no changes haveoccurred in legislation and legal practice since Denmark’s latest reporting to the Committee onthe Elimination of Racial Discrimination, reference is made to the seventeenth reportsubmitted by the Government of Denmark.
3. The report is compiled by the Ministry of Foreign Affairs on the basis of contributions fromthe relevant ministries and agencies of the Government of Denmark and the Home RuleGovernments of Greenland and the Faeroe Islands.
4. Specific reports on the situations in Greenland and the Faeroe Islands are set out in Annex Iand II respectively.
II.
INFORMATION RELATING TO ARTICLES 2 TO 7 AND ARTICLE 14OF THE CONVENTION
Article 2.1.c: General measures to eliminate racial discrimination5. Since Denmark’s seventeenth periodic report (CERD/C/496/Add.1), the Government haspromoted a wide range of initiatives intended to contribute to the elimination of racialdiscrimination and improve integration. Some of the more general initiatives are mentionedbelow:3
Measures to improve integration6. Reference is made to the extensive information given on this subject in Denmark’sseventeenth periodic report (CERD/C/486/Add.1), para 8-16. The efforts mentioned in thisreport continue and improvement of integration of immigrants and refugees is still a coreelement in the policy of the Government.
Measures to improve employment opportunities7. Reference is made to the extensive information given on this subject in Denmark’sseventeenth periodic report (CERD/C/486/Add.1), para 17-46. These efforts continue, andpromoting labour market participation of immigrants and refugees continues to constitute oneof the basic principles and objectives of Danish integration policy. Further information isprovided in this report in the section dealing with article 5.
8. From 2004 to 2008, the employment rate among immigrants and descendants from non-Western countries has risen with 26.000. Thus the Government’s goal of getting 25.000 morepeople into employment before 2010 has been reached before time.
The Action Plan to Promote Equal Treatment and Diversity and Combat Racism9. As mentioned in the seventeenth periodic report (CERD/C/496/Add.1), para 184, theGovernment published an “Action Plan to Promote Equal Treatment and Diversity andCombat Racism” in November 2003. The Action Plan was enclosed in the seventeenth periodicreport as annex 1.
10. The Action Plan is being revised at the moment, and a new Action Plan is expected to belaunched by the end of 2009. The new Action Plan will entail a multi-faceted effort which willinclude both ongoing and new initiatives on combating discrimination on the basis of race orethnicity, promoting diversity and equal opportunities, and maintaining Denmark as an openand diverse society.
Special funding of initiatives11. Furthermore, the Government carries out and supports a wide range of initiatives for thepromotion of tolerance and diversity and the combat of racism and discrimination. In March2006, the Minister of Refugee, Immigration and Integration Affairs allocated app. 10 millionDKK (app. 1.35 million euro) for initiatives concerning dialogue and diversity for the period4
2006-2008. This allowed for initiatives with the aim of facilitating increased dialogue andunderstanding among ethnic and religious groups, create awareness on diversity withincommon boundaries, support common basic values on democracy and citizenship and counterprejudice and misconceptions between different groups. One of the projects under thisinitiative was a national constitutional speech contest. Clearly emphasising democratic values asa corner stone of society serves not only as a solid and sustainable framework for tolerance anddiversity but is also found necessary in order to ensure cohesion and positive coexistence.
12. An additional 10 million DKK (app. 1.35 mill. euro) have been allocated in 2007 – 2010 tosupport local activities and projects to promote equal treatment and combat discrimination.Financial support from this grant is given to projects promoting non-discriminatory opinionshaping, education programmes on equal treatment and anti-discrimination etc.
13. In 2008, the Minister of Refugee, Immigration and Integration Affairs allocated 8 millionDKK (app. 1.05 mill. euro) in the period 2008-2011 to strengthen social and languagecompetences, parental responsibility among the socially weakest of the non-ethnic Danes, andto enhance the development of the organizational skills among newcomers and non-ethnicDanes.
European Year of Equal Opportunities for All 200714. As part of the European Year of Equal Opportunities for All 2007, the Governmentimplemented a wide range of initiatives promoting diversity and reinforcing the fight againstdiscrimination. Some initiatives continued already ongoing work, while other initiatives werenew. The aim was to produce various materials for use in a range of educational institutionsand to design activities for young people that would make them think about equal opportunitiesand equal treatment for all. Among many other things, special activities targeted at Denmark’sschool pupils as “diversity ambassadors” were launched. The “diversity ambassadors” weregiven an “ambassador kit” containing six cards with questions about diversity and equalopportunities. The “ambassadors” should then ask the questions to friends and family. Materialwas prepared for teaching and feature weeks and speeches were held in schools throughout thecountry.
Democratic platform for young Danes with immigrant background15. According to the Government Platform 2007 “Society of Opportunities”, a democraticplatform will be established in 2009 for young persons with different cultural backgrounds,who are involved in associations or networks that are engaged in democracy, civic citizenshipor intercultural activities in order to target activities towards the group of young people feelingexcluded from the democratic community. Furthermore, an internet forum for young peopleon democracy and radicalisation will be set up. The implementation of these initiatives shall5
contribute to encourage political awareness among all young people with different culturalbackgrounds, in Denmark as a society based on liberty, broad-mindedness and democracy.
Division for democratic cohesion and prevention of radicalisation16. On the 1stof April 2008 a Division for democratic cohesion and prevention ofradicalisation was established within the Ministry of Refugee, Immigration and IntegrationAffairs. The division aims at gathering theoretical as well as practical knowledge on civiccitizenship and prevention of extremist views in order to share this knowledge with localcommunities as well as with other ministries and relevant actors.
17. The division plays a central role in coordinating the implementation of the initiatives in theGovernment Action Plan for the prevention of radicalisation and extremist views among youngpeople which was presented in January 2009. This Action Plan contains 22 initiatives framedwithin 7 focus areas: Direct contact with young people, Inclusion based on rights andobligations, Dialogue and information, Democratic cohesion, Efforts in vulnerable residentialareas, Special initiatives in prisons and Knowledge, Co-operation and partnerships.
Effective and flexible Danish courses aimed at employment – language training18. With reference to Denmark’s seventeenth periodic report (CERD/C/486/Add.1), para 35-40, it should be mentioned that in January 2008 the Ministry of Refugee, Immigration andIntegration Affairs published an evaluation on the Danish courses provided to newcomers,showing that foreigners coming to Denmark learn Danish faster than earlier. This is partlybecause the foreigners coming to Denmark are better educated than earlier and partly becausethe language training centres are providing better Danish courses.
19. In September 2008 the Ministry of Refugee, Immigration and Integration Affairs publisheda benchmarking report on the efficiency of the Danish courses and the Danish languagetraining centres. These reports show that the efficiency of foreigners learning Danish has risensince the new law on Danish Education was implemented in 2004.
20. The Ministry is undertaking continuous benchmarking and evaluations on the effects of theintegration efforts in the municipalities. The last report showing the activity was publishedMarch 2009.
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New initiatives to enhance education for all21. The Government has developed a strategy - ”Progress, Innovation and Cohesion” - forpursuing the benefits of globalisation and coping with its challenges. The strategy comprises350 proposals, of which 187 is in the area of education. The strategy is complemented by theGovernment’s welfare reform proposals, which focus on getting young people to completetheir studies and on improving the integration of immigrants. Inclusion is the keyword forthese initiatives and they promote possibilities of full and equal enjoyment of human rights andfundamental freedoms.
22. As a Government target for 2015, 95% of all young people should complete a programmeof postsecondary education. In 2008 10 million DKK was allocated to special schemes forchildren and young people. The intention is for more young non-ethnic Danes to complete aneducational programme that gives them the vocational qualifications needed to find permanentemployment.
23. Following up on this globalisation strategy and the welfare agreement of 2006, severalchanges to the Vocational Training Act were implemented and adopted in June 2007. Thechanges were intended to streamline and simplify the overall system of vocational youthtraining programmes. Current legislation combines vocational education and trainingprogrammes, the basic social and healthcare training programmes, and agricultural trainingprogrammes in a single act, which allows for simple, dynamic, target-oriented frameworkmanagement.
Article 2 (c): Effective measures to review governmental, national and localpolicies, and to amend, rescind or nullify any laws and regulations, which havethe effect of creating or perpetuating racial discrimination wherever it exists.Incorporation into Danish law24. In paragraph 10 of the concluding observations, the Committee recommended theGovernment to reconsider its decision not to incorporate the Convention on the Eliminationof all Forms of Racial Discrimination in the domestic legal order. The Government attachesgreat importance to the Convention and emphasizes that the question of incorporation of theConvention into domestic law is not a question of complying or not complying with theConvention, but rather a question of the choice of methods to ensure its implementation.
25. As it appears from the sixteenth and seventeenth report (CERD/C/496/Add.1),paragraphs 47-54, the decision of the Government not to incorporate the CERD into Danishlaw was not related to legal obstacles. On the contrary, given the fact that the CERD – as well7
as other conventions that have not been incorporated – is a relevant source of law and isapplied by the courts and other law applying public authorities, the Government does notconsider it legally necessary to incorporate the Convention. Since it is not considered legallynecessary, the Government does not find it politically desirable either.
26. In this connection the Government would like to reiterate that the human rightsconventions which Denmark has ratified are all relevant sources of law regardless of themethod of implementation. Conventions that have not been explicitly implemented by specificacts of law because harmony of norms has been ascertained, can be and are in fact invokedbefore and applied by the Danish courts and other law-applying authorities, which is also clearfrom printed case law.
Asylum and refugee regulations27. As mentioned in the seventeenth periodic report (CERD/C/496/Add.1), the Act No. 365of 6 June 2002 amended the Aliens Act, the Marriage Act and other Acts so that the possibilityof obtaining de facto refugee status was replaced with the possibility of obtaining subsidiaryprotection status under sections 7 (2) of the Aliens Act. In accordance with the new section 7(2), a residence permit will be issued to an alien if the alien risks the death penalty or beingsubjected to torture or other cruel, inhuman or degrading treatment or punishment in case ofreturn to his or her country of origin.
28. The wording of section 7 (2) is close to the wording of Article 3 of the EuropeanConvention on Human Rights, from which it appears, inter alia, that no person may besubjected to torture or exposed to inhuman treatment or punishment. The Sixth and ThirteenthAdditional Protocols to the European Convention on Human Rights also comprise aprohibition against the imposition of the death penalty and execution in peacetime.
29. It appears from the explanatory notes to section 7(2) that it is presupposed that theimmigration authorities will comply with the case law of the European Court of Human Rightsin the field when applying the provision.
30. It furthermore appears from the explanatory notes to section 7(2) that Denmark in additionto the provisions of the European Convention on Human Rights has an obligation to respect anumber of other conventions of relevance to the provision, e.g. the UN Convention againstTorture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the InternationalCovenant on Civil and Political rights and the UN Convention on the Rights of the Child.
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31. The Danish Immigration Service and the Refugee Appeals Board will generally consider theconditions for issuing a residence permit under section 7(2) to be fulfilled when there arespecific and individual factors rendering it probable that the applicant will be exposed to a realrisk of the death penalty or of being subjected to torture or other inhuman or degradingtreatment or punishment in case of return to his or her country of origin.
Article 2.2: Special and concrete measures to ensure the adequate developmentand protection of certain racial groups or individuals belonging to them, for thepurpose of guaranteeing them the full and equal enjoyment of human rights andfundamental freedoms.
32. In paragraph 12 of its concluding observations concerning Denmark’s seventeenth periodicreport (CERD/C/496/Add.1), the Committee requested information regarding the Romapopulation in Denmark, including the reasons why the Roma do not have status of nationalminority.
33. There is no information in the Central Population Register, which could be used fordetermining the number and identity of Roma in Denmark. According to the informationavailable to the Government, the Roma who live in Denmark today may be divided into twomain groups: one group that came to Denmark in the end of the 1960s; the other groups thatcame to the country from the mid 1990s onwards fleeing the wars in the former Yugoslavia. AllRoma who took up residence in Denmark prior to the 1960s have, according to theinformation available to the Government, been completely integrated and do not emerge as anidentifiable group.
34. Neither the Framework Convention for the Protection of National Minorities nor otherInternational legal instruments in the field of minorities contain precise guidance for Stateswhen they determine the notion of minorities. Furthermore paragraph 43 of the ExplanatoryReport of the Framework Convention states that not all ethnic, cultural, linguistic or religiousdifferences necessarily lead to the creation of national minorities.
35. According to the information available to the Danish Government, the Roma living inDenmark today have no historical or long-term and unbroken association with Denmark, butconsist partly of immigrants and partly of refugees. Thus, in the opinion of the DanishGovernment, the Roma do not constitute a national minority in Denmark.
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Article 3: Prohibition against racial segregation36. Reference is made to the sixteenth and seventeenth periodic report (CERD/C/496/Add.1),para 63 with regard to the Act on Prohibition of Discrimination on the Labour Market etc.Since the last report, the following cases have been before the Danish Courts.-The Maritime and Commercial Court, 12 April 2007.The case concerned a Dutch employee,who was dismissed from his job, when the section where he worked was closed down.The company chose to keep one employee with management experience and one whospoke Danish fluently. The Dutch employee claimed that he had been exposed to director indirect discrimination on grounds of national origin, as he did not speak fluentlyDanish. The Maritime and Commercial Court found that he had not been exposed todirect discrimination, as the notice of resignation did not contain a specific reference tohis national origin. Concerning the requirement for employees to speak Danish fluently,the Court found that such requirement affects all employees, who do not speak Danishas mother tongue, and that such requirement therefore constitutes indirectdiscrimination. However, the Court found that in the specific case, where the workconcerned establishing contacts to potential clients by phone, such a requirement couldbe justified. The Court hereafter concluded that it must be for the employer to decidewhether the level of spoken Danish was sufficient. The company was thus acquitted.The decision was appealed to the Supreme Court. At the time of the reporting, a finaldecision was not made.The Maritime and Commercial Court, 28 January 2008.The Case concerned discrimination ofa Muslim woman wearing a headscarf. An employee at a supermarket was suspendedfrom her job for calling a Muslim colleague a “hættemåge” (black-headed gull), whichreferred to the headscarf of the colleague. The Maritime and Commercial Court foundthat the usage of the word “hættemåge” in the concrete case, where it was aimed at aperson wearing headscarf due to religious or cultural reasons, was to be consideredslighting and degrading. However, the Court found that the expression must beconsidered differently depending on the context and tone used. In the actual case, therehad been no previous incidents of criticism of the tone and behaviour of the employeein question, and, in addition to this, the employee was not given the opportunity toexplain the remark before the suspension. Based on the statement of the employee, theCourt found that the remark of the employee must be considered stupid and thoughtlessrather than harassing. The Court thus found, that the decision to suspend her was notwell-founded. The decision was not appealed.Eastern High Court, 14 January 2008.The case concerned a Muslim substitute, who wasdenied employment on a permanent basis due to her religion. The Muslim woman hadworked a few times as a substitute at a boarding school for maladjusted children. Part ofthe job consisted in attending shared meals. On a shift the woman had to join thechildren having their meal, but because of the Ramadan she had to fast and could10
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therefore not eat at the table. After that shift the woman was told, that she could not geta permanent substitute job at the boarding school. The Eastern High Court found that acontributory factor to the decision of the boarding school not to hire the woman wasthe fact that she did not eat during the children’s meal. The Eastern High Courtsentenced the employer a fine for infringement of the discrimination act (indirectdiscrimination).37. In January 2006 the Ministry of Employment published a guide on the Act on Prohibitionof Discrimination on the Labour Market etc. The guide is an update of an earlier guide from2000. The purpose of the guide is to give organizations, employers, employees and others a toolto understand how the rules should be used and understood. The guide can be used as anencyclopaedia and includes examples of how the law should be understood.
Article 4: Prohibition against promotion or incitement to racial hatred anddiscriminationEfforts to prevent racially motivated offences and hate speech38. In paragraph 11 of its concluding observations concerning Denmark’s seventeenth periodicreport (CERD/C/496/Add.1) the Committee recommended Denmark to increase its efforts toprevent racially motivated offences and hate speech, and to ensure that relevant criminal lawprovisions are effectively implemented.
39. Reference is made to the seventeenth periodic report (CERD/C/496/Add.1) paras 64-70,which provides general information concerning the relevant sections of the Criminal Code(Straffeloven). Reference is also made to information given in the follow-up report of 24 August2007 (CERD/C/DEN/CO/17/add.1).
40. The Government shares the Committee’s view on the importance of a constant preventionof racially motivated offences and hate speech. In January 2009, the Danish Governmentpresented its action plan “A Common and Safe Future – an action plan to prevent extremistviews and radicalisation among young people”. In this connection hate crimes such as acts ofracism are considered part of the phenomenon of extremism. Some of the initiatives in theaction plan focus on anti-discrimination efforts.
41. Likewise, some victims of hate crime may possibly be motivated for radicalization. Hence,the prevention of hate crimes is part of the broad based prevention measures of the plan, some11
of which are dialogue initiatives, role models, campaigns, civic and democratic training andpromotion of diversity in associations.
42. The Danish police and prosecution service has ongoing focus on the effort to prevent andprosecute hate crimes, including racist acts committed by politicians.43. In 2006 new guidelines were issued by the Director of Public Prosecutions concerning interalia violations of Section 266 B of the Criminal Code (Instruction No. 9/2006 replacingInstruction No. 4/1995).
44. All cases in which preliminary charges have been raised for violation of Section 266 B ofthe Criminal Code still have to be submitted to the Director of Public Prosecutions fordetermination of the final charges. In addition, the Director of Public Prosecutions has to benotified of reports to the police of violation of Section 266 B of the Criminal Code in the caseswhere, at the recommendation of a Commissioner of Police, the Public Prosecutor refuses tocommence investigations or stops investigations that have been commenced. Thus, in suchcases a scheme has been established to make it possible to ensure a uniform charging practicenationally and supervise the processing of cases. This contributes to an effectiveimplementation of the provision.
45. In addition, the Security and Intelligence Service receives reports from the police districtsabout criminal offences and incidents that may be believed to have a racist background and aredirected at foreign nationals as well as offences with a possible racist/religious background. Thepurpose of this procedure is to enable the Security and Intelligence Service to assess if any signsmay be detected of the commitment of more organized and systematic criminal activity rootedin racism and xenophobia.
46. For cases involving violation of Section 266 B of the Danish Criminal Code, a scheme hasbeen established by which the final rulings of the courts are accessible at the website of theDirector of Public Prosecutions (www.rigsadvokaten.dk) in an anonymous form. This registerhelps increase the awareness of the field of application of Section 266 B. The register, which isupdated on an ongoing basis, includes information concerning 52 rulings, including acquittals,ticket fines and cases, where all charges are dismissed, concerned with violation of Section 266B of the Criminal Code in the period from 2000 to the latest update on 23 October 2008. Themajority of these rulings are concerned with statements etc. aimed at persons of a certain ethnicbackground or aimed at people on the basis of the colour of their skin.
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47. Concerning cases in which preliminary charges have been raised for violation of Section266 B of the Criminal Code and therefore have to be submitted to the Director of PublicProsecutions for determination of the final charges, following statistics can be mentioned:
48. Table 1 includes cases in which charge has been raised for violation of Section 266 B of theCriminal Code.
Table 1:NumberNumberNumberof cases, of charged of cases,in whichin whichpersonsthe resultcharge haswasbeenconvictionraised3*368**4***244369426131354112421Numberof casessettledwith aticket fineNumberof cases,in whichthe resultwasacquittal1
Year
20042005200620072008Total
*) One case resulted in dismissal of all charges.**) One case resulted in dismissal of all charges.***) Two cases have not yet resulted in a final decision.
49. Table 2 concerns cases submitted to the Director of Public Prosecutions in which at therecommendation of a Commissioner of Police, the Public Prosecutor has refused to commenceinvestigations or stopped investigations that have been commenced. In addition table 2includes cases, in which the Director of Public Prosecution has withdrawn the charge.
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Table 2:Number ofcases, in which ithas been refusedto commenceinvestigations1215116145Number ofcases, in whichinvestigations,that has beencommenced, arestopped58104330Number of casesresulted inwithdrawal ofthe charge
Year
20042005200620072008Total
43610124
50. At the request of the Ministry of Justice, the Director of Public Prosecutions has set up aseparate reporting scheme based on judgements in 2007, where Section 81, no. 6, of the DanishCriminal Code has been applied. According to Section 81, no. 6, the courts should, whendetermining the penalty consider it an aggravating circumstance, generally, if the act ismotivated by the ethnic origin, religion, sexual inclination etc. of others. Reference is made tothe extensive explanation given in paragraphs 64-66 of the seventeenth periodic report(CERD/C/496/Add.1).
51. Based on the reporting scheme the Director of Public Prosecutions has published a reportin April 2008 on judgements in 2007, where the content of Section 81, no. 6, has been appliedexplicitly as a circumstance that has had influence on the sentence or there is an assumptionthat the provision nevertheless has had influence on the sentencing.
52. The Director of Public Prosecutions received 10 cases applying Section 81, no. 6, of theCriminal Code. In eight of the cases the court ruled that the crime was committed - wholly orpartly - on the basis of the victim’s race, colour, national or ethnic origin, religion or sexualinclination. In two of the cases the court rejected that the crime was committed on the basis ofthe victim’s ethnic origin or sexual inclination.
53. The majority of these rulings are concerned with violence. One case concerned offensiveremarks aimed at a police officer with an ethnic origin other than Danish.14
54. In the report it is stated that it is the opinion of the Director of Public Prosecutions, thatthe relatively few judgements concerning Section 81, no. 6, does not show the real amount ofincidents where the crime is motivated by the ethnic origin, religious belief, sexual inclinationetc. of others. In some cases there might be a suspicion that a reported crime is raciallymotivated, but due to a lack of proof of the motive this is not tried further in the criminalproceedings. Furthermore, in a number of cases the offender is not identified, and in such casesit will therefore not be clarified whether the crime is racially motivated.
55. As of 1 January 2008 the yearly crime victim survey (conducted by the Research Division inthe Ministry of Justice in cooperation with the University of Copenhagen) on the risk ofbecoming a victim of certain crimes in Denmark, inter alia violence, includes whether such anincident is seen as racially motivated. The survey from 2008 shows that six percent of thevictims of violence were quite sure that racism caused the offence while another four percentthought that might have been the case. As for victims of robbery, four percent claimed that themotive for the robbery was racism and five percent found that likely. There is a tendency forvictims of violence caused by racism more often to report the incidence to the police (54percent report compared to 40 percent of all victims of violence). The difference is, however,not statistical significant.
56. Concerning the Act on Prohibition against Discrimination on the basis of Race, etc.,reference is made to the sixteenth and seventeenth State Party report (CERD/C/496/Add.1),paras.160-162.
57. In compliance with the scheme concerning violation of Section 266 B of the Criminal Codementioned above, cases concerning violation of the Act on the Prohibition of Discriminationbased on Race, etc., also have to be submitted to the Director of Public Prosecutions accordingto Instruction No. 9/2006.
58. The report from April 2008 as mentioned above also includes cases concerning violationsin 2007 of the Act on the Prohibition of Discrimination based on Race, etc. The report showsthat the Director of Public Prosecutions had received six cases concerning violation of the Acton the Prohibition of Discrimination based on Race, etc. One case, in which case a shopkeeperrefused to serve a male transvestite on equal terms with other customers regarding the retailprice, was settled with a fine. In three cases preliminary investigations were stopped due to alack of proof of discrimination. Two cases were not finally decided at the time of the Directorof Public Prosecutions’ submission of his report.
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Article 5: Guarantee the right of everyone, without distinction as to race, colour,or national or ethnic origin, to equality before the law
The independent and court-like composition of the Refugee Appeals Board59. With regards to paragraph 13 of the concluding observations to Denmark’s seventeenthreport (CERD/C/496/Add.1), Denmark provided a follow-up report in August 2007(CERD/C/DEN/CO/17/Add.1). Following to this, the Committee requested the State partyto supply up-to-date statistics of the decisions of the Refugee Appeals Board. Noting thatprocedural matters may be brought before ordinary courts, the Committee also asked forspecific information on the types of issues that may be brought before the ordinary courts, onthe number of cases which have been brought before the ordinary courts and on theiroutcome.
60. Pursuant to section 56(8) of the Aliens Act, a decision of the Board is final, which impliesthat Board decisions are not subject to judicial review. This has been established by theSupreme Court in several cases. The judgments in these cases have concluded that the Board isan expert board of a quasi-judicial nature and that deliberations of the courts are limited topoints of law.
61. In 2008, four cases concerning the application of section 56(8) of the Aliens Act have beenbrought before the Supreme Court. In all four cases, the Supreme Court found that the casescould not be subject to judicial review.
Statistics of the Decisions of the Refugee Appeals Board62. In 2008, The Refugee Appeals Board assessed 389 cases. In 79 cases the applicants weregranted refugee status under the 1951 refugee convention and in 43 cases the applicants weregranted subsidary protection. 246 of the cases were dismissed.
63. In 21 cases the Refugee Appeals Board did not make a decision due to the applicants’withdrawal of their application or the fact that the cases had been refered back to the firstinstance (Immigration Service) for a review of their case.
64. In the first quarter of 2009, the Refugee Appeals Board assessed 102 cases. In 12 cases theapplicants were granted refugee status under the 1951 refugee convention and in 14 cases theapplicants were granted subsidary protection. 65 of the cases were dismissed. In 11 cases theRefugee Appeals Board did not make a decision due to the applicants’ withdrawel of their16
application or the fact that the cases had been refered back to the first instance (ImmigrationService) for a review of their case.
Article 5.b. The right to security of person and protection by the State againstviolence or bodily harm, whether inflicted by government officials or by anyindividual group or institution
Victims of domestic violence65. In paragraph 14 of its concluding observations concerning Denmark’s seventeenth periodicreport (CERD/C/496/Add.1), the Committee recommended Denmark to take intoconsideration the specific vulnerability of foreign women who are victims of domestic violence,and to take all appropriate steps to remove deterrents to their seeking assistance or taking stepsto seek separation or divorce.
66. The Government shares the Committee’s view on the importance of a constantconsideration to the specific vulnerability of foreign women victims of domestic violence.67. The Danish immigration authorities can revoke or refuse to extend a time-limited residencepermit if the basis for the permit is no longer valid. This may be the case if a foreign nationalhas received a residence permit on the grounds of marriage, and the spouses no longer livetogether.
68. In decisions on revocation of residence permits and refusal of extension of residencepermits it is taken into consideration whether the revocation or refusal must be assumed to beparticularly burdensome owing to the alien’s personal circumstances and whether the applicantwill suffer injury or harm in his or her country of origin. In such decisions regarding residencepermits issued on the basis of spousal reunification it is taken into account whether the basis ofresidence is no longer present because of cessation of cohabitation due to the fact that the alienconcerned has been exposed to outrages, abuse or other ill-treatment, etc., in Denmark. TheDanish immigration authorities follow this area very closely and pay ongoing attention to anyneed of adjustment.
69. Since 2002 the practise in relation to the above-mentioned has been as follows: The alienmust substantiate the invoked abuse. The assessment of whether the abuse is substantiated isbased on a specific, individual assessment and weighing of the information given by parties ofthe case and the possible provided documentation. All kind of documentation can be putforward and enter into the assessment, for instance reports from the police, emergency rooms,17
statements from doctors, statements from women’s safe houses, court judgements regardingthe abuse, etc.
70. In cases where the immigration authorities find the invoked abuse substantiated, theauthorities make an assessment of whether the abuse has caused the cessation of cohabitation.The Danish immigration authorities will in cases where the abuse is substantiated and isassessed to be the real cause of the cessation of cohabitation, make the decision whetherrevocation or refusal must be assumed to be particularly burdensome owing to the alien’spersonal circumstances and whether the applicant will suffer injury or harm in his or hercountry of origin. This decision is made on the basis of a specific, individual assessment andweighing of the circumstances in each case.
71. According to administrative practice foreigners who due to abuse, cf. above, leave theirspouses before receiving a permanent residence permit are – depending on their connection toDenmark – in general allowed to stay in Denmark, already after approximately two yearsresidence in the country.Article 5.d.i. The Right to freedom of movement and residence within the borderof the State72. Reference is made to paragraphs 88-110 of the seventeenth periodic report(CERD/C/496/Add.1).
Duration of stays in the asylum centres73. In paragraph 13 of its concluding observations concerning the seventeenth periodic report(CERD/C/DEN/CO/17), the Committee recommended Denmark to review its policy inrelation to centres for asylum-seekers so as to ensure that their rights under the Convention arefully respected.
74. The Government shares the Committee’s view on the importance of a constant review ofthe effects of its policies, and refers to the thorough information to this recommendation insections 23-29 in the follow-up report (CERD/C/DEN/CO/17/Add.1).
75. As a supplement to the follow-up report, the Government wishes to stress that the averageasylum case is decided by the authorities well within a year. If the asylum seeker meets theterms for being recognized as a refugee he or she is granted a residence permit and relocated ina local municipality. If the application for asylum is rejected the asylum seeker is obliged to18
depart from Denmark within a specific date set by the authorities. If the rejected asylum seekerdoes not comply with this date of departure and refuses to leave the country he or she is inprinciple residing illegally in Denmark.
76. The Government finds that rejected asylum seekers are obliged to leave Denmark - andthus to reside in an asylum centre until departure can be carried out. This policy is crucial forthe credibility of the Danish asylum system. In other words the persons, who in some cases livein the centres for a number of years, are not asylum seekers in general but only rejected asylumseekers.
77. Furthermore, the Government would like to emphasize that rejected asylum seeker familieswith children who have resided in Denmark for more than 3 years after the final rejection oftheir application for asylum, and who originate from a country to which forcible deportation isnot possible, are given an opportunity to live in special accommodations outside the asylumcentres. (Please refer also to the mentioning below on a Government agreement of 16 January2008).
78. Regarding transfers between centres, it should be mentioned, that the Danish Red Cross,which operates all Danish asylum centres but one, recently estimated that asylum seekerscurrently are transferred between centres 3 times on average. For further information on thereasons for transfers between centres in Denmark, see sections 30 – 31 in the Danish follow-upreport (CERD/C/DEN/CO/17/Add.1).
Provision on Non-Refoulement of the Danish Aliens Act79. By letter of 7 March 2008, the Committee made some observations concerning theinformation provided by the Government on the implementation of the concludingobservations of the Committee in August 2007 (CCERD/C/DEN/CO/17/ Add.1). Withregards to paragraph 13 of the concluding observations to Denmark’s seventeenth report, theCommittee requested the State party to supply information on the criteria for deciding if anasylum seeker may be forcibly returned or not.
80. According to section 31(1) of the Aliens Act an alien may not be returned to a countrywhere he will be at risk of the death penalty or of being subjected to torture or inhuman ordegrading treatment or punishment, or where he will not be protected against being sent on tosuch a country.
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81. It follows from section 31(2) of the Aliens Act that an alien falling within section 7(1) maynot be returned to a country where he will risk persecution on the grounds set out in Article 1A of the Refugee Convention, or where the alien will not be protected against being sent on tosuch country.
82. According to section 7(1) of the Aliens Act a residence permit will be issued to an alien ifthe alien falls within the provisions of the Refugee Convention.
83. The provision on non-refoulement in section 31 of the Aliens Act implies that an alienwhose application for a residence permit has been rejected cannot be forcibly returned if thealien falls within the scope of section 31.
84. When the Danish immigration authorities make a final rejection of an application for aresidence permit (asylum), the immigration authorities simultaneously set a deadline for thedeparture of the alien. In this connection it appears from section 30, subsection (1) of theAliens Act, that an alien, who is not entitled to stay in Denmark according to the Aliens Act,must leave Denmark.
85. From section 30, subsection (2) of the Aliens Act it appears, that if the alien does not leaveDenmark voluntarily, the police must make arrangements for the aliens’ departure from thecountry. In practice this means, that a rejected asylum seeker, who is not (or no longer) entitledto stay in Denmark because the person concerned has had his/her application for asylumfinally rejected is under obligation to depart from Denmark at the latest at the expiration of thedeadline for departure set by the immigration authorities. If the alien does not depart fromDenmark, the alien will be forcibly returned to his/her home country by the police.
86. The provisions are implemented under full respect for Denmark’s obligations underinternational law, including ICERD.
Contract Scheme – Programme to Support Rejected Asylum Seekers Who Return Voluntarily87. By Act No. 507 of 6 June 2007 amending the Aliens Act the Parliament introduced acontract scheme for rejected asylum seekers.
88. The Act allows certain groups of rejected asylum seekers six to nine months of training inDenmark on the condition that the applicants sign a contract with the Danish Immigration20
Service to return voluntarily once the training in Denmark has been accomplished. The Act alsointroduces provision of economic support upon voluntary return as well as reintegrationassistance in the home country linked to the training in Denmark. The scheme will only beoffered to nationals from countries presently in a reconstruction phase, and only nationals ofcountries that do not accept forced returns.
89. From the outset the scheme only applied to rejected Iraqi asylum seekers in Denmark. Thescheme may later be extended to other nationalities of rejected asylum seekers.
90. On 28 November 2008 the contract scheme was terminated for rejected asylum-seekerswho originate from the three Northern Iraqi provinces Erbil, Dohuk and Sulaymaniyah since ithas become possible forcibly to return refused asylum-seekers from these provinces. Thecontract scheme continues without any changes for refused Iraqi asylum-seekers who do notoriginate from these provinces.
91. As from the beginning of May 2009, 26 rejected asylum seekers from Iraq (25 adults and 1child) have returned to their home country benefiting from the contract scheme. 14 rejectedasylum seekers have signed a contract with the Immigration Service and are currently receivingtraining in Denmark prior to their voluntary return.
92. On 14 May 2009 this contract scheme was terminated also for rejected Iraqi asylum seekerswho originate from the other Iraqi provinces than the three Northern provinces mentionedabove.
Asylum seekers’ right to engage in social, professional, educational and cultural activities93. As mentioned above it is mainly rejected asylum seekers who reside in the asylum centresfor more than one year.
94. The Government finds that rejected asylum seekers are obliged to leave the country anduntil this is carried out they are obliged to reside in an asylum centre. Thus, participation ineducational and activation activities takes place within the asylum centre, although certainexceptions can be made so that a rejected asylum seeker is allowed to e.g. take certain lessonsoutside the centre.
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95. The Government wishes to underline that as a general rule inhabitants in the Danish asylumcentres are free to come and go as they please. They are not obliged to remain within thecentres 24 hours a day.
96. Finally it is emphasized that asylum seeker children (including children of rejected asylumseekers) are allowed to attend leisure time activities – e.g. sports – amongst other children inthe local community. On certain terms the children are also given the opportunity to attendclasses in a local public school.
97. On 16 January 2008 the Government reached an agreement with the Danish People's Partywhich – among other initiatives aimed to improve living conditions for rejected asylum seekers– ensures that rejected asylum seeker families with children are given an opportunity to live inspecial accommodations outside the asylum centres. Such an offer is given to families who haveresided in Denmark for more than 3 years after the final rejection of their application forasylum and who originate from a country to which deportation is not possible. Finally it is afundamental requirement that the rejected asylum seekers family – and especially the children –benefits in regard to their well-being by being moved to such a special accommodation. TheGovernment expects that these families will be able to obtain a family life which is moreagreeable than the family life that they currently have – and in some cases have had for severalyears – in the asylum centres. Furthermore it is expected that the families will be able toenhance their collective quality of life and strengthen the foundation for a successful return totheir home country.Article 5 (d) (iv): The right to marriage and choice of spouseThe 24-years rule98. With regards to paragraph 15 of the concluding observations to Denmark’s seventeenthreport, reference is made to the information provided by the Government in the follow-upreport (CERD/C/DEN/CO/17/Add.1). The Committee further requested the State party tocarry out further research as to whether the 24 year condition for spousal reunification actuallydoes limit the number of forced marriages and on the impact which this rule may have on thevarious minorities in Denmark.
99. The Ministry of Refugee, Immigration and Integration Affairs has decided to update its dataon marriages and couples among ethnic minority groups. A new research project has beenlaunched, which focuses on the impact of the rules on family reunification, introduced from2002 and onwards in relation to marital patterns and family reunification among ethnicminorities. In connection with this, the research will also look at the development in the scopeand risk of forced marriages, including non-registered marriages conducted inside as well as22
outside Denmark. The results of the research project, conducted by SFI – The Danish NationalCentre for Social Research, are expected to be published in September 2009.
Family Reunification of Children under the Age of 15100. By letter of 7 March 2008, the Committee asked for further information concerningresearch on the widespread of practices of re-education journeys and the possible negativeimpact of such practices on the integration process. The Committee also requested informationas to why the age-limit of 15 years has been chosen.
101. According to section 9 (1) (ii) of the Aliens Act a residence permit may on certainconditions be issued to an unmarried child under the age of 15 of a person permanentlyresiding in Denmark. The age limit of 15 years of age was introduced by act no. 427 of 9 June2004 on changes to the Aliens Act. It appears from the explanatory notes that the amendmentwas motivated in general by the conviction that on account of the child itself and the possibilityof integration a residence permit based on family reunification should be applied for as early aspossible.
102. It furthermore appears from the explanatory notes that the motivation behind theamendment was to prevent parents residing in Denmark from deliberately letting a child stay inthe country of origin until the child is almost an adult before applying for reunification.Similarly the amendment aims at preventing parents residing in Denmark from sendingchildren on an extended stay in the family’s country of origin in order to go through a more orless formal re-education.
103. It should be noted that the provision is always applied in compliance with Denmark’sobligations under international law, including ICERD.
104. Statistics on the number of re-education journeys is not available, but it is the impressionof the Ministry of Refugee, Immigration and Integration Affairs that re-education journeys andother long term journeys with a negative impact on the child are not common. On the otherhand, surveys initiated by the Ministry of Refugee, Immigration and Integration Affairs andcarried out by “Niras-konsulenterne” (2004) and “Ankestyrelsen” (2004) show that suchpractices exists. The surveys show that long term stays in a foreign country for minor childrenin order to receive cultural, religious or social re-education training can have a seriously negativeimpact on the children and the integration of the children into the Danish society. The negativeconsequences for the children includes lack of self-esteem, reduced Danish language skills andeducational skills in the Danish school system and disturbed personal relations to family23
members and friends. Often conflicts already existing before the re-education journey aggravateafter the return to Denmark.
105. Though the problem is not widespread, it is the Government’s policy that the severeconsequences for each child at stake require that the problem is taken seriously. This implies anefficient and active effort to prevent such practices - and making sure that the necessary toolsto help the children is available. At the same time the Government recognizes that not alljourneys with a cultural, religious or social purpose have a negative impact on the integrationprocess.
Article 5 d (vii) The right to freedom of thought, conscience and religion106. The Danish constitution guarantees the right to freedom of thought, conscience andreligion. People are free to form congregations for the worship of God or any other religion ina manner in accordance with their own convictions. The religion or community in questiondoes not need approval from the Danish State and can therefore exist without any kind ofpublic registration. The affairs of the Evangelical – Lutheran Church are placed under theMinistry of Ecclesiastical Affairs. Affairs of other religious communities are either placed underthe jurisdiction of other public agencies or not interfered with at all by Danish publicauthorities.
107. Religious communities other than the National Church and their members can obtain asubstantial indirect subsidy from the State. This is due to the possibility for taxpayers to deductcontributions (gifts and other regular payments) to other religious communities in their taxreturns. If a religious community wishes to be included under these tax relief schemes, it has toseek approval by the Danish tax authorities. The Danish tax authorities both approve taxdeductible communities and oversee whether these conditions for approval are met on acontinuous basis.
108. Recognized and approved religious communities also enjoy a number of rights, amongothers the right to perform marriage ceremonies with legal effect under the Danish MarriageAct, the right to residence permits for foreign preachers under the Aliens Act, a number offurther tax benefits and the right to establish their own cemeteries under the DanishCemeteries Act.
109. The State does not grant direct financial support for the establishment of cemeteries toany religious community, or to the cemeteries of the Evangelical – Lutheran Church. Religiouscommunities must arrange for the acquisition of the area themselves and be in charge of theestablishment and operation of the cemetery. For this a district plan has to be prepared and24
approved by the local municipal authorities relating to the establishment of cemeteries. Further,the area must be suitable for burial, which means that the health authorities must approve thesites suitability as a burial ground. The Ministry of Ecclesiastical Affairs issues the actualpermits to religious communities other than the Evangelical – Lutheran Church to establishtheir own cemetery. Such permits may be made conditional upon the provision of security forthe maintenance of the cemetery. Rules must also be laid down on an executive committee,supervision and use. Areas which have been approved for the establishment of a cemetery areexempt from real-estate tax.
110. The registration of births is performed by a ministerial register, but the informer does notcome into contact with the Lutheran - Evangelical faith or is confronted with any religiousactivity. The registration of births has for historical reasons been placed upon the NationalChurch. The registration of births is placed on a neutral form – called birth certificate, whichcan also be ordered at other offices than the local church-office. At the registration of birth onedoes not have to provide information about one’s religious affinity. The registration of birthcan even be given without personal appearance by mail delivery or via e-mail. Birth certificatesconcerning non-members of the National Church are provided as a neutral certificate withoutcarrying the text “The National Church of Denmark”. A birth certificate can also be issued by arecognized religious community, if the child is named by baptism in a recognized religiouscommunity.
Article 5 (e) (i) The right to work, to free choice of employment, to just andfavourable conditions of work, to protection against unemployment, to equal pay forequal work, to just and favourable remuneration
111. The Government is continuously aware of disseminating knowledge of good practicesregarding labour market inclusion of ethnic minorities. A diversity programme targetingenterprises is implemented in the years of 2006-2011. The programme consists of a range ofinitiatives, including visits to companies, where a team of consultants passes on the goodexamples and gives advice on management of diversity. Furthermore, national campaignsregarding mentor arrangements have been initiated.
112. In order to further promote the dissemination of good practices on integration, a team ofconsultants (‘the Integration Team’) has been set up by the Ministry of Refugee, Immigrationand Integration Affairs. The consultants have specific knowledge of integration, especially withrespect to education and employment. The consultants are disseminating good and practicalexperiences from municipalities, educational institutions and enterprises.
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113. To promote equal opportunities for participation in society, the Government has in 2007launched an initiative targeting women with ethnic minority background. The initiative runs inthe years of 2007 – 2011 and aims at enhancing network, employment and entrepreneurshipamong women and at the same time strengthen development and integration of their children.
Assessment of the reasons for the relative higher unemployment among persons originatingfrom third countries and measures taken to improve the situation114. In paragraph 16 of its concluding observations concerning Denmark’s seventeenthperiodic report (CERD/C/496/Add.1), the Committee recommended Denmark to assess theextent to which the disproportionate level of unemployment among persons coming ororiginating from countries outside the European Union, North America and the Nordiccountries is the result of discrimination they face in accessing jobs, and that it takes measures tocombat this phenomenon.
115. The Government shares the Committee’s view on the importance of a constant focus onthe prevention of discrimination and the rights to work, to free choice of employment, to justand favourable conditions of work, to protection against unemployment, to equal pay for equalwork and to just and favourable remuneration.
116. Recent statistics1show that the unemployment rate among immigrants and descendantsoriginating from countries outside the European Union, North America and the Nordiccountries continues to be higher than the unemployment rate among native Danes.
117. In recent years, however, the differences in unemployment rates among the differentpopulation groups have been decreasing. The employment rate has gone up while theunemployment rate has gone down among immigrants and descendants from non-Westerncountries. Although the unemployment rate of the total population has been decreasing, thedecrease has been more significant among immigrants and descendants from non-Westerncountries. While the unemployment rate among immigrants and descendants from non-Western countries has fallen from app. 15 percent in January 2000 to app. 10 percent in January2007, the unemployment rate among native Danes has fallen from app. 4 percent in January2000 to 2.5 percent in January 2007.
118. In the recent years there has in general been a positive development in the attachment tothe Danish labour market of non-western immigrants and descendants. Among others, this canbe seen by:The sources of the following statistical information are: Statistics Denmark, National Labour Market Authority, andjobindsats.dk.261
The employment frequency for 16-64 year old immigrants and descendants from non-western countries has increased from 45% in 2001 to 55% in 2007, which correspondsto 42,890 more persons having obtained employment. For ethnic Danes, the increase inemployment frequency in the same period has been only 1 percentage point – from 78%in 2001 to 79% in 2007.Even from 2006 to 2007, the employment frequency for immigrants and descendantsfrom non-western countries has increased from 50 to 55% - an increase of 5 percentagepoints. A similar development in a single year has not been seen since measuring beganin 1981. In the same period, the employment frequency for ethnic Danes increased from77% to 79% - an increase of just 2 percentage points.The number of full-time employed immigrants has increased markedly from 1 January2003 to 1 January 2007. Almost 30% more immigrants from non-western countries havethus obtained employment in the period.A significant drop in the percentage of young immigrants on social security benefits orstarting allowance has occurred. In 2004, almost 16% of the 20-29-year old immigrantsfrom non-western countries were on social security benefits or starting allowance. In2007, the number dropped to almost 9%. This corresponds to 3,400 more immigrantsobtaining employment or undergoing education.119. The Danish labour market is open to employment of all immigrants and descendants.Several public and private businesses have gained experience with immigrants and descendantsat the workplace.Thus, the percentage of the private companies with experience of employing immigrantsor descendants has increased from 56% in 2004 to 66% in 2007; just as the percentagehas increased from 71% in 2004 to 76% in 2007 for public enterprises.Almost 80% of the private and public businesses with experience of employingimmigrants and descendants have predominantly good or very good experiences withthem.Nine out of ten of the Danes who work together with immigrants and descendants donot see any problems in this connection.120. Despite these positive developments, the unemployment rate for immigrants anddescendants from non-western countries remains higher than for the rest of the Danishpopulation. This may, among other things, be due to a lack of proficiency in Danish or lack offormal qualifications. Many of the non-western immigrants have either no education or a verylow level of education from their home countries. Furthermore, factors such as lack of insightin the Danish labour market and its possibilities, together with not having a business relatednetwork, may play a part in the higher unemployment level for this segment.
121. However, discrimination may also be a influential factor. In 2006 theThink Tank onintegration in Denmarkpublished a report in which perceived discrimination amongst immigrantsand descendants from selected non-Western countries was examined. The report shows a27
decline in the number of immigrants and descendants who believe to have been subject todiscrimination when applying for jobs. In the year 2000 23 percent of the immigrants anddescendants from selected non-Western countries felt discriminated when applying for jobs.This number had dropped to 13 percent in 2005.
122. The Government has recently initiated a number of new political initiatives in order toensure that more immigrants and descendants become integrated into the Danish labourmarket. This includes i.e.:The initiative “NY CHANCE TIL ALLE” (“New Chance for All”), operating from 1July 2006 to 30 June 2008. “New Chance for All” was an active initiative directedtowards recipients of social security benefits and starting allowance that had beenpassive for at least one year. The purpose of this initiative was to ensure that all long-term unemployed recipients of social security benefits had their case reviewed onceagain. Furthermore, it aimed at securing education and a job for them – or providingthem with an attractive offer that would bring them closer to the labour market. Non-western immigrants and descendants comprised between one fourth and one third ofthe target group for the initiative. The results show that a significantly higher number ofthe lasting recipients of social security benefits, including immigrants and descendants,came into jobs during the initiative than prior to it.With the welfare reform of 2006, 300 million DKK (appr. 40.3 million euro) wasearmarked for the employment of additional company-focused job consultants for theperiod 2007-2010 in the 15 municipalities, which have the majority of non-westernimmigrants and descendants on starting allowance, social security benefits orintroduction benefits. The funds have been set aside to strengthen the integrationefforts in the municipalities and to take care of those immigrants and descendants whoneed a particularly close and focused follow-up in order to get a job.The Government, Local Government Denmark, Regions Denmark and social partnersentered into a new four-party agreement in 2006, which supplements the four-partyagreement from 2002. The agreement covers the stairway model, the mentor scheme,network for immigrant women, skills clarification, and local cooperation betweenmunicipalities/job centres, businesses, workplace management and employees as well asjob packages.Job packages are contiguous phasing-in courses for unskilled unemployed personswithin areas lacking manpower. For instance, there are courses for kitchen assistants,shop assistants, cleaning assistants and bus drivers. The municipalities can use thephasing-in courses to strengthen the focus on the weak unemployed, includingimmigrants and descendants.A trial initiative called “Alle i Gang” (Everyone Working), which through an intensivecontact process with the unemployed aims at ensuring that long-term social securityrecipients quickly obtain employment. A large part of these are immigrants anddescendants. The initiative started 1 April 2008.
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Review of policy concerning social benefits for newly arrived persons123. In paragraph 18 of its concluding observations concerning Denmark’s seventeenthperiodic report (CERD/C/DEN/CO/17), the Committee recommended Denmark to reviewits policy concerning the social benefits for newly arrived persons in order to ensure thatforeigners newly arrived in Denmark are not pushed into poverty and social marginalization.
124. The Government shares the Committee’s view on the importance of a constant review ofthe effects of its policies. For that purpose the Government has continuously initiated analyzesand surveys on the effects of the reduced cash benefit - the so-called starting allowance. Thesesurveys show positive results.
125. Statistics from the Ministry of Employment show that a relatively large number offoreigners receiving introduction allowance on the level of starting allowance get into ordinaryemployment compared to foreigners receiving introduction allowance on the level of cashbenefit. A survey from April 2007 carried out by “Rockwoolfonden” confirms thesetendencies. The survey shows that 56 percent more persons receiving the starting allowance getinto ordinary employment than is the case for persons receiving the higher cash benefit.
126. On this basis, it is the Government’s intention to uphold the starting allowance as animportant tool to motivate persons receiving cash benefits from the State to seek employment.In the context of integration, it is still the Government’s view that active labour marketparticipation is the main key to successful integration into the Danish society.
127. The Danish Eastern High Court rendered a decision 24 April 2009 in a civil case, where aplaintiff had pleaded, that the fact that he had received starting allowance constituted a breachof international obligations, amongst those article 11 of the UN Covenant on Economic, Socialand Cultural Rights. The Court came to the conclusion that no international conventions havebeen breached, and the Court stated that the rules in the Danish legislation serve a legitimateaim.
128. At the same time the Government recognizes that for some vulnerable groups otherinitiatives are also necessary to avoid social marginalization and disintegration amongnewcomers. The Government has thus recently launched a range of new initiatives.
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129. These initiatives include:Strengthening of the municipal effort concerning non-adapted youths – 3.7 millionDKK (app. 500,000 Euro) in financial support to municipalities. The purpose of theseprojects is to strengthen the motivation for immigrant youth to adapt to the generalcommunity.Support for specifically vulnerable groups of unemployed immigrants and refugees - 2million DKK (app. 270,000 Euro) in financial support has been allocated to disabledimmigrants. The purpose of these projects is to develop the possibilities for disabledpersons from immigrant communities to gain access to the labour market.Initiatives in socially vulnerable communities – 27 million DKK (app. 3.6 mill. Euro) infinancial support to local employment projects and 40 mill. DKK (app. 5.3 mill. Euro)in financial support to the establishment of local integration partnerships. The purposeof these projects is to strength integration of immigrants on the labour market and topromote establishing of local integration partnership between municipalities and localcompanies.130. Furthermore, the Danish Government has in June 2007 put forward a wide range ofinitiatives which shall ensure that more women with ethnical background become activecitizens in the Danish society.
Article 5 (d) (i) and (e) (iii) and (vi): Other civil rights, in particular theright to freedom of movement and residence within the border of the State andeconomic, social and cultural rights, in particular the rights to housing and the right toequal participation in cultural activitiesStrategy against ghettoization131. In paragraph 17 of its concluding observations concerning Denmark’s seventeenthperiodic report (CERD/C/DEN/CO/17), the Committee requested Denmark to provide theCommittee with further information on the impact of the policies against “ghettoization”. TheCommittee also requested to be informed about the extent to which persons belonging toethnic or national minorities participate in the decision-making affecting them.
132. The Government wishes to ensure that all people benefit from the opportunities a moderneveryday life in a democratic society has to offer. All persons should have a life characterized byopportunities and free choice. In 2004 the Government introduced its anti-ghettoizationstrategy, as ghettoization is found to be a significant barrier for integration into social life, theeducational system and the labour market.
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133. The strategy aims at improving the conditions for all residents in deprived urban areas,including crime prevention, education, employment initiatives etc. Some of these areas have aresident composition of more than 90 per cent immigrants, refugees and descendents.Therefore the anti-ghettoization strategy also contains a wide range of specific integrationinitiatives.
134. Within the framework of the strategy against ghettoization a Programme Board forDialogue and Balance in Vulnerable Neighbourhood composed of representatives from thehousing sector, the business sector and local councils was established for the period 2004-2008.The purpose of the Programme Board was development of a comprehensive forward-lookingstrategy for action in the most vulnerable neighbourhoods in Denmark.
135. In November 2008 the Programme Board published a report with its observations andrecommendations to the Government, local councils and housing organizations.
Housing Agreements136. In the 2006 and 2007 housing agreements between the Government, the Danish People’sParty and the Social Liberals, the parties agreed to expand the current investment facility forrenovation in the most deprived areas by 2.125bn DKK (appr. 285 mill Euro) in 2006 and by2.400bn DKK (appr. 322 mill Euro) in each of the years 2007-2012.
137. Further 2.200bn DKK (appr. 295 mill Euro) was allocated for social and preventivemeasures, as well as for local coordination and evaluation in social housing divisions wheresubstantial problems of a financial, social or other nature have been found, including high rent,high rate of turnover, large share of occupants with social problems, violence, vandalism orrun-down buildings and open spaces in the most deprived areas in the period 2006-2010.
Act on Social Housing138. As mentioned in the seventeenth periodic report of Denmark (CERD/C/496/Add.1), theDanish Parliament adopted a bill on 28 April 2005 (Act on Social Housing, etc.) allowingregulation of the composition of social housing tenants in order to prevent economic and socialdeprivation, due to overrepresentation of residents outside the labour market. In accordancewith the Act, applicants at the top of the waiting list for a social dwelling may be rejected, ifthey or their spouses by that time have received social benefits for six consecutive calendarmonths pursuant to the Act on Active Social Policy or introduction benefit pursuant to the Acton Integration of Immigrants in Denmark.31
139. Concerning the request by the Committee for more detailed information on the anti-ghettoization initiatives and policies in Denmark, in particular on measures to strike anadequate balance between the need to prevent ghettoization and the right of freedom ofresidence and cultural rights, the Government would like to emphasize that avoiding anydiscrimination or abuse as a result of the provisions of the Act is a high priority. Variousmeasures have been taken to ensure that Denmark fulfils its obligations in accordance withICERD. For example, all the local councils enjoying the right to regulate the composition oftenants are obliged to send annual reports to the Ministry of Welfare with the information onthe number of persons rejected, number of persons allocated another suitable dwelling, timelimit etc. Further, every fifth year, the local council shall evaluate the composition of residentsin the area to assess whether the applicants specified above shall continue to be rejected. TheMinister for Social Affairs may require that the local council withdraw its decision when thecomposition of residents has considerably improved.
140. From the available information the Government has not been able to detect any cases ofdiscrimination on ethnic or national grounds as a result of the regulation of the composition oftenants in the deprived neighbourhoods in accordance with the Act.
141. As to the Committee’s concern about whether the current anti-ghettoization policy mightaffect the right to freedom of residence and cultural rights of persons belonging to ethnic ornational minorities, the Government would like to stress that anti-ghettoization measures donot impede on their right to housing. Those rejected as a result of the Act regulations will beoffered an alternative dwelling in a more attractive area within the same municipality wherethey would have had a lesser chance of being assigned a social dwelling otherwise, due to longerwaiting lists. However, it should be noted that there is a tendency among ethnic and nationalminorities to move to more attractive neighbourhoods when their income improves.
142. It should also be stressed that housing societies administering social housing in Denmarkare democratically organized meaning that elected tenants constitute a majority in theirdecision-making bodies. Persons belonging to the ethnic and national minorities have the rightto participate in the decision making process on equal footing with everybody else in society.
Article 5 (e) (iv): The right to public health, medical care, social securityand social services
143. All residents in Denmark are entitled to public health care benefits in kind.
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Right to interpretation144. Patients who do not speak Danish are entitled to interpreter assistance in connection witha consultation at the patient’s general practitioner or a specialist or in a hospital, to ensure thecorrect medical care. It is a condition for the patient’s right to receive the interpreter assistancethat the treatment is given free of charge in accordance with the health legislation and that thetreating doctor in connection with the actual treatment considers interpretation necessary. Inthese cases the public health care service covers the costs.
Children and youngsters with special needs145. According to Danish health legislation all primary health care nurses should pay attentionto children and youngsters with special needs, including families with a non-Danish ethnicbackground if there are any signs of failure to thrive (a term which in Danish includes socialand familiar circumstances, besides health and growth parameters). For all children at the age of0-1 year the nurse offers home-visits as well as extra visits if there is a concern about the child’shealth and development and if circumstances within the family demands extra attention. Shecooperates with the General Practitioner and the social welfare department. During the years inschool the primary health care nurse offers regularly health dialogue with all children, and alsoin this setting pays extra attention to children with special needs.
146. In the years 2005-07 four projects concerning Health Care Houses for ethnic minoritieswere established in three parts of the country. They elaborated new methods suitable for healthcare working with different ethnic groups in a local society. The results have been described intwo publications, which have been distributed to all municipalities in Denmark.
Ethnic minorities and HIV/AIDS147. In Denmark all persons have equal access to prevention, treatment, care and support inrelation to HIV/AIDS. An important element of the Danish AIDS policy is to avoid any formof discrimination. Information and motivation are very important elements in the AIDS policy.The number of diagnosed new HIV cases has stabilized in Denmark in recent years and todayamounts to about 300 per year. In 2007 there were 307 new cases of which 130 wereimmigrants.
148. The task of the Project and Knowledge Unit in the organisation ‘Cross-Over’ under theDanish AIDS-foundation is to enter into dialogue with different community based immigrantorganizations and on a partnership based approach define, develop and implement HIV/AIDSrelated activities. The Unit supports the collaborating partners with both health professionalaspects and financial assistance, and the community based organisations contribute with theirknowledge on specific cultural and linguistic matters relevant to all the phases of the activities.33
149. The participatory approach has highly increased the HIV/AIDS preventive activities in theethnic communities. The ethnic minority organizations and associations have in generalresponded very positively on placing HIV/AIDS issues on the agenda in their communities andchanging the strategy from top–down preventive efforts to the participatory approach.
150. In general there seems to be an increasing focus within the health system to upgrade theeffort targeting ethnic minorities. As an example a network for health professionals andrepresentatives from different NGO’s working with ethnic minority groups were initiated in2005.
151. In the future attention will be paid especially to adolescents with other ethnic backgroundthan Danish. Knowledge on ways of transmission and on contraception will be ensuredthrough information made available for the adolescents in sport clubs and youth clubs.
Article 5 e (v) The right to education and training
152. Surveys have shown that bilingual students academically perform at significantly lowerlevels than their ethnic Danish classmates. The education system is aware of the importance ofsecuring equal opportunities in this regard, and a range of initiatives have been taken to addressthe problem.
153. 70 million DKK (appr. 9.4 million euro) has been earmarked for the period 2007 – 2009for the continuing education of teacher training and social education instructors. In addition,new IT-based language screening tools have been introduced to help teachers assess students’needs for Danish as a second language.
154. The Ministry of Education has also carried out a comprehensive project, “This Works atOur School!” which aims to identify and disseminate good practice at schools with a largebilingual student population. The project is expected to provide ideas for helping bilingualstudents learn Danish along with the academic content of all subjects and thus improve theiracademic performance.
155. Building on some of the results of this project, the Ministry of Refugees, Immigration andIntegration Affairs and the Ministry of Education have recently given financial support to a34
research project called “Signs of Language” with a total budget of 24 million DKK (appr. 3.2million euro), which aims at exploring the nature of the challenges facing bilingual pupils in theDanish primary and lower secondary schools and develop pedagogical knowledge andapproaches addressing these challenges.
156. It has been decided to set up an advisory unit regarding the teaching of bilingual students.The unit will assist local authorities and schools in their efforts to help bilingual studentsbenefit more from their schooling.
157. Initiatives have been taken to strengthen cooperation with parents of bilingual students assurveys have shown that this cooperation is vital for the development and learning processes inthis student group. The aim of the initiatives is to promote equal educational and employmentopportunities for bilingual and ethnic Danish citizens.
158. In addition to initiatives specifically addressing the challenges faced by bilingual pupils,several initiatives have been taken in the Folkeskole (public primary and lower secondaryschool) to improve the learning outcomes of all pupils that are also expected to impact on thelearning outcome of bilingual pupils. This includes initiatives to strengthen the evaluation of theprogress of the individual pupil and a requirement for the municipalities to further documenttheir efforts in a range of areas - including the education of bilingual pupils – through the so-called “quality reports”.
Review of the policy regarding mother tongue tuition159. After receiving the Committee’s recommendation contained in concluding observation 19(CERD/C/DEN/CO/17), the Government has once again considered the policy in the areaof mother tongue tuition in relation to article art. 5 (e) (v) and (vi) of the convention.
160. The municipalities’ obligation to offer tuition in mother tongue is limited to bilingualchildren from EU and EEA countries and from the Faeroe Islands and Greenland. The rulesimplement the obligation regarding mother tongue tuition contained in Council Directive77/486/EEC of 25 July 1977 on the education of the children of migrant workers. Thepurpose behind the directive is to encourage the free movement of workers among theEU/EEA countries by guaranteeing the preparation of their children for a future return to theircountry of origin through mother tongue tuition. The rules thus contribute to the effectivenessof the Common Market to the economic benefit of all member countries.
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161. The reason behind giving children from the Faeroe Islands and Greenland a right tomother tongue tuition is to ensure the mobility of Danish citizens within the Danishcommonwealth which includes areas where Greenlandic and Faroese are official languages aswell as areas where Danish is the official language. The same reasons for giving mother tonguetuition do not apply to other bilingual children. The difference in the educational offer given tothese two groups is therefore based on objective criteria and is proportionate to the pursuit ofthis legitimate aim.
162. While there is no government funding of mother tongue tuition, the Government has laidno restrictions on the ability of municipalities and private organisations to carry out mothertongue tuition.
Article 5 (f): The right of access to any place or service
163. With regard to the Act on Prohibition against Discrimination on the basis of Race, etc.,reference is made to the information given under Article 4 of this report.
Article 6: Establishment of a special complaints body164. Reference is made to the remarks in this report under Article 4.
Strengthening of the Complaints Committee165. In paragraph 21 of its concluding observations (CERD/C/DEN/CO/17), the Committeerecommended Denmark to ensure that the Complaints Committee for Ethnic Equal Treatmenthas the adequate power to fulfil its task to combat racial discrimination, in particular bygranting it the power to recommend that free legal aid be granted to the alleged victim when itsees fit.
166. Since the last report, the Government has taken protection against discrimination evenfurther and has decided to establish a new and stronger Complaints Board on Equal Treatment.In May 2008 the Danish Parliament (“Folketinget”) adopted the Act on The Board of EqualTreatment.
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167. The Board of Equal Treatment, which came into force on 1 January 2009, will cover allfields of discrimination stipulated in the Danish anti-discrimination legislation today. The Boardmay consider complaints on ground of gender, race, colour, religion or belief, disability,political opinion, age or sexual orientation, national, social or ethnic origin. The Board mayaward compensation and set aside dismissals to the extent provided for by the said acts, etc.
168. The complaints will be treated on a written basis, which i.e. implies that the Board ofEqual Treatment will not be in a position to provide evidence such as party explanations ortestimonies. The secretariat of the board can dismiss complaints if they are not found suitablefor treatment by the board. If the legal process of a case presupposes that evidence is putforward it will lead to a dismissal of the case. Further, the Board of Equal Treatment is entitledto dismiss cases which are deemed to be suitable for treatment by the courts.
169. The decisions made by the Board cannot be appealed to any other administrativeauthority. Once the Board has made a decision about a complaint, either party may bring thematter before the courts. Where the decisions made by the Board are not observed, the Boardshall, at the complainant's request and on his or her behalf, bring the matter before the courts.
170. Referring to the remark in paragraph 21 of the Committee’s concluding observations, it isimportant to emphasise that bringing a case before the Board of Equal Treatment is free ofcharge. It is also free of charge for the complainant, when the board, at the complainant’srequest, brings the matter before the court
171. As a consequence of the establishment of the Board of Equal Treatment, The GenderEquality Board and The Complaints Committee for Ethnic Equal Treatment have been closeddown.
172. For more general information on the role and functioning of the Danish Institute forHuman Rights, please refer to the information given in the seventeenth periodic report(CERD/C/496/Add.1) para 165-169.
Article 7: Combating prejudices, which lead to racial discrimination173. In general, Danish society and Danish law ensure equal treatment, equal opportunities andequal rights for all persons. Notwithstanding this, surveys show that there are individuals andgroups in Denmark that feel discriminated against. A report made by the Ministry of Refugee,37
Immigration and Integration affairs in 2007 showed that 11 pct. of the immigrants experienceddiscrimination in the street, while 9 pct. often felt discriminated against in public transportation.
174. Please refer also to the remarks made under Article 2, on the general measures to eliminateracial discrimination, and to the remarks made in the seventeenth periodic report(CERD/C/496/Add.1) paras 181-193.
Ensuring that integration policies do not restrict the cultural rights of persons belonging tonational or ethnic minorities in a disproportionate manner175. In paragraph 22 of its concluding observations (CERD/C/DEN/CO/17), the Committeealso recommended Denmark to ensure that its integration policies and programmes haveneither the purpose nor the effect of restricting cultural rights of persons belonging to nationalor ethnic minorities in a disproportionate matter. The Committee further encouraged Denmarkto ensure the participation of these groups in the design and implementation of integrationpolicies and programmes, at both national and local levels.
The Integration Act176. With reference to the explanation of The Integration Act in the seventeenth periodicreport (CERD/C/496/Add.1), Denmark can once again ensure the Committee that theIntegration Act does not have the purpose of restricting cultural rights of persons belonging tonational or ethnic minorities in a disproportionate matter.
177. With regard to the participation of these groups in the design and implementation ofintegration policies and programmes at both national and local levels, please refer to thefifteenth periodic report (CERD/C/408/Add.1) about the influence of ethnic minorities, andthe update in the seventeenth periodic report (CERD/C/496/Add./paras 14-16) about theintegration councils.
178. As mentioned in the seventeenth periodic report(CERD/C/496/Add.1) para 6, the Actaims to ensure that all newly arrived immigrants and refugees can exploit their capabilities andresources and become participatory and contributory citizens on an equal footing with othercitizens.
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Reflecting the cultural diversity of Denmark in the fields of education, culture and information179. In paragraph 22 of the concluding observations (CERD/C/DEN/CO/17), theCommittee recommended the Danish Government to adopt immediate and effective measuresto reflect the cultural diversity of Denmark in the fields of education, culture and information.
180. The objects clause in the act on the Folkeskole sets as one of the primary learning goalsthat the teaching should create understanding of other countries and cultures. The binding endand form level objectives require that children learn about everyday life in other cultures,influence and transformation of cultures, the values that form the basis of different religions,norms and ways of life, how values and norms are created in interaction between people andmany other subjects relating to both culture in general and the culture of other countries andminority groups.
181. The objects provisions of the Folkeskole (Primary and Secondary School) Act include thespecification that schools are responsible for “preparing pupils for participation, sharingresponsibility and their rights and obligations in a society based on freedom and democracy.The foundation of the schools’ teaching and daily life must therefore be intellectual freedom,equality and democracy.” In addition, it is prescribed in the binding end and form levelobjectives for teaching in primary and secondary education that pupils must learn ”to reflect onthe importance of their own and other persons’ rights and obligations in a democratic society”and ”reflect on the implications of their own and other persons’ stereotypical views of variousgroups”.
182. In addition to the binding objectives, the Ministry of Education oversees the preparationof a central curriculum the use of which is optional for the schools that can choose tosubstitute it with one of their own choosing. This curriculum contains even more numerousreferences to culture generally and to different cultures including that of minority groups. Theform level and end objectives are currently under revision and the attention given to culture,including cultures different from that of the ethnic majority is maintained.
183. Danish municipalities, schools and teachers have great autonomy in the choice ofcurriculum, teaching materials and teaching methods. Implementing the requirements of endobjectives in a way that sufficiently takes into consideration the culturally mixed composition ofchildren in the Danish schools and the needs of minority children, including the need to feelvalidated, requires intercultural competencies on the part of the teachers. The Government isaware of the need to continually strengthen the competencies of teachers in this area, which isthe principal reason behind the latest changes of the education of teachers in which the field ofintercultural competencies was strengthened.39
184. The pedagogical subjects of the teacher training programme have been amended to betterqualify teachers to work with children of non-Danish ethnic origin. Student teachers mustdevelop skills for teaching in culturally diverse primary and lower secondary schools. Studentswork with theories of multicultural background, social integration, cultural encounters andintercultural education.
185. The subject ‘Christianity/civics/citizenship’ plays a central role in the new teacher trainingprogramme, dealing with such key themes as the history of ideas, ethics, democracy andcitizenship. The objective of the subject is - among other things - that the teachers shouldcontribute to developing the pupils’ critical faculty and teaching them to live together withrespect for one another’s values and norms. The curriculum includes key values for democraticcitizenship such as tolerance, authority, equality, freedom and brotherhood. Through thissubject, future teachers in primary and lower secondary school are given the tools to teachdemocracy both in theory and in practice.
186. During their training teacher students can chose to qualify in teaching bilingual pupils. Theaim of the subject Danish as a second language is to qualify teachers to support bilingual pupilsin developing their language skills.
187. The Ministry of Education also works with the Ministry of Refugees, Immigration andIntegration Affairs on intensifying efforts to recruit bilingual young people and young people ofnon-Danish ethnic origins to the social education and teacher training programmes. The two-fold aim is to ensure that teaching staff reflect the composition of the population and toenhance the cultural diversity of the teaching body.
188. In collaboration with Local Government Denmark (LGDK), the Danish Union ofTeachers and a number of other organisations, the Ministry of Education has initiated a seriesof campaigns such as “Watch Out for Bullying” and ”Together against bullying - forconfidence, tolerance and security”). The campaigns contain a wide range of initiatives,including so called confidence “ambassadors”, telephone counselling, information andinspirational materials, education of pupils to stop bullying and other initiatives to ensure thatchildren and juveniles do not become victims of bullying at their place of education.
189. In 2006 – 2007 the Ministry of Education worked with the Ministry of Refugees,Immigration and Integration Affairs to establish a task force as part of the campaign ‘We needall young people’ to help vocational schools retain bilingual students. Compared with theirethnic Danish peers, these students are at greater risk of dropping out of a post-secondaryeducation programme.40
190. Another project launched in 2007 was the Ministry of Education’s mentor scheme foryoung people following the basic courses of vocational training. The scheme is an attempt toincrease the percentage of young people completing these programmes by giving potentialdropout students better opportunities for completing their education. The mentor scheme usesstudents with added resources as role models for other young people. A new campaign has juststarted to supply these initiatives to reduce the drop-out rate.
Education and training of the police191. In 2007 Learning Lab, Danish Centre for Youth Research at the Danish University ofEducation issued its second report on encounters between ethnic minority youths and thepolice.
192. Compared to the first report form 2003, which was mentioned in the seventeenth periodicreport to CERD (CERD/C/496/Add.1), the second report widens the scope and identifies thebackgrounds to encounters and how youths and police officers perceive them.
193. The 2007 report was drawn up in order that police and others who work regularly withjuveniles could benefit from its findings, and it contains a number of recommendations thatmay be favourably applied in these activities.
194. In December 2007 the report was distributed to police districts, and in March 2008 theCentre for Youth Research and the National Police held a conference which introduced thereport and its recommendations. A separate project was also introduced including an e-learningmodule aiming at disseminating the findings of the report.
195. The Danish Police College enhanced human rights training and education during 2006 and2007. This was done,inter alia,by implementing an increase in the number of lessons on thesubject. Two of those lessons have been devoted to a further examination of the issue of non-discrimination (on the basis of gender, ethnicity, handicaps, religion and sexual orientation) andthe issue of international human rights, where focus is on Denmark’s international obligations.
196. In the English language training curriculum four lessons have been devoted to an inter-disciplinary project of English, human rights and police ethics. Students will undertakecomparative analyses of the provisions of the English texts of the ECHR / the European Codeof Police Ethics and the corresponding provisions in Danish Law. Thus, their knowledge and41
skills within both disciplines will be reinforced. In addition, students will carry out case studiesof some of the ethical dilemmas that police officers will have to face in the course ofperforming their duties.
197. The Police Knowledge and Research Centre (located at the Police College) has launched aone-year research programme relating to professional ethics. The programme will contributetowards establishing a foundation for the education in professional ethics in the future bacheloreducation programme. In addition, the project aims at promoting the awareness of ethicalproblems connected with exercising police functions (cf. above).
Recruitment of ethnic minorities to the police198. The National Commissioner of Police has continuously had a particular focus onrecruitment of ethnic minorities to the police. In the new management policy it is stated thatthe police, as far as possible, in the composition of the staff must reflect the communities theyserve.
199. The National Commissioner of Police has found that relatively more applicants with otherethnic backgrounds than Danish fail the tests for recruitment to the police. No single elementexplains why. In order to ensure that officers with other ethnic backgrounds than Danish arerecognized by their colleagues with a Danish ethnic background all applicants are, regardless of(ethnic) background, assessed on an equal and uniform basis. However, the NationalCommissioner of Police has set up a procedure in which applicants with other ethnicbackgrounds than Danish who are considered to have potential but fail the tests are contactedand advised regarding their opportunities for improvement.
200. In order to ensure increased recruitment of qualified applicants with other ethnicbackgrounds than Danish the police have launched a series of initiatives, e.g. police employeeswith other ethnic backgrounds than Danish act as role models in the marketing of the PoliceService as a diverse workplace, and The Copenhagen Police has successfully implemented anintegration project ”Flere Nydanskere i Politiet” (“More employees with other ethnicbackgrounds than Danish in the police”), targeting young people with ethnic minoritybackgrounds with an interest in employment with the police. In September 2008 the NationalCommissioner of Police also launched a special recruitment effort with mentoring and aspecific sum of money to support the project.
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Recruitment of ethnic minorities among prison officers201. As described in the seventeenth periodic report (CERD/C/496/Add.1), paragraphs 203-205, preparatory school courses were implemented for persons of other ethnic backgrounds,who want to train as prison officers.
202. Concerning the mentioned course on the island of Funen in 2005, 12 persons participatedin the course and 8 have now passed the employment test and thus obtained employment.
203. In 2006 yet another preparatory school course took place. 10 persons participated in thecourse and five have now passed the employment test and thus obtained employment.
Recruitment of ethnic minorities for the judiciary204. The Court Administration (Domsstolsstyrelsen) is in its own recruitment as well as in itsinstructions of the courts aware of the State Employer’s Authority’s (Personalestyrelsen)general instructions and guidelines regarding initiatives intended to improve the recruitment ofethnic minorities in the state administration.
205. In 2009 the Court Administration is offering a course in cultural understanding andethnicity to the legal employees of the Danish courts.
206. Furthermore the Court Administration has an ambition to ensure, that the heads ofadministration of the Danish courts pay attention to employing persons of other ethnic origins.This issue will also be given special attention when the Court Administration’s new recruitmentstrategy is drawn up.
Article 14: Public release207. In paragraph 23 of its concluding observations concerning Denmarks’ seventeenthperiodic report (CERD/C/DEN/CO/17), the Committee recommended that the reports ofthe State 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.
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208. The present eighteenth and nineteenth periodic report will be made available to the publicon the official internet site of the Ministry of Foreign Affairs:www.um.dk.The concludingobservations will similarly be made available on the same website when these are received andmade the subject of a press release.
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Annex 1: Reporting on GreenlandPart I209. Reference is made to the sixteenth and seventeenth(CERD/C/469/Add.1) paras 211-233 concerning Greenland.periodicreport
Information on the question of indigenous peoples210. In paragraph 20 of its concluding observations concerning Denmark’s sixteenth andseventeenth periodic report, the Committee recommends that the State party pays particularattention to the way in which indigenous peoples identify themselves.
211. The Supreme Court in its judgment included the question of indigenous peoples in casuthe Thule Tribe situated in the North-Western part of Greenland (the Uummannaq settlement).The Supreme Court stated that the Thule Tribe does not constitute a tribal people or a distinctindigenous people within or co-existing with the Greenlandic people as a whole.
212. At this point, the Supreme Court is consistent with the declaration made by the Danishgovernment, acceded to by the Greenland Home Rule Government, in connection with theratification of the ILO Convention. According to this declaration, Denmark has “only oneindigenous people” in the sense of the Convention, namely the indigenous population inGreenland or the Inuit.
Part II
Article 1
213. By 1st of January 2008 the total population in Greenland amounted to 56,462; 50,270 (89%) born in Greenland and 6,192 (11 %) – mostly Danes – born outside Greenland.
Renewal of Greenland’s involvement in foreign-policy decisions214. An Act of June 2005 concerning the conclusion of agreements under international law bythe Government of Greenland (the Authorisation Act) was implemented and entered into forceon 26 June 2005. With the Act, the Government of Greenland has been given the opportunity,45
on behalf of the Kingdom of Denmark, to negotiate and conclude international agreementswith foreign states and international organisations which relate entirely to fields of affairs takenover by the Greenland public authorities.
215. The arrangement shall not apply to agreements under international law affecting defenceand security policy, or agreements which are to apply to Denmark or which are negotiatedwithin an international organisation of which the Kingdom of Denmark is a member.Greenland is involved and has influence in foreign and security policy matters of specialimportance to Greenland.
216. The Government of Greenland and the Government of the Faroe Islands may decide toact jointly in connection with agreements under international law, which relate to bothGreenland and the Faroe Islands, when the conditions of the Acts are met.
217. The powers of the Danish Government and the Danish Parliament in the area of foreignpolicy under Section 19 of the Danish Constitutional Act are not limited by the provisions inthe Authorisation Act.
A new Self-Government arrangement for Greenland218. Reference is made to CERD/C/496/Add.1.(paras.226-231) which describes the task ofThe Greenland-Danish Self-Government Commission.
219. The commission submitted its report to the Government of Denmark and the Landsstyre(the Greenland cabinet) in May 2008, including a draft Act on Greenland Self-Government.
220. After negotiations between the Government and the Landsstyre the Greenland Parliamenthas considered the Act on Greenland Self-Government in November 2008 on the basis of anon-binding referendum in Greenland on 25 November 2008, where the Greenland peoplewith 75,5 pct. for and 23,6 pct. against approved the new Self-Government arrangement forGreenland. The Government of Denmark submitted the Act to the Folketing on 5 February2009. The Act on Self-Government entered into force on 21 June 2009, the national day ofGreenland, by which the Home Rule Act was revoked.
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221. Key elements in the Act on Greenland Self-Government are:1) The Self-Government authorities’ assumption of fields of responsibility:Since the introduction of the Home Rule Arrangement in 1979, the Greenland Home RuleGovernment has assumed responsibility for practically all the fields that are listed in the HomeRule Act. With the Self-Government Arrangement, the stage is set for assuming a large numberof additional fields of responsibility, for example, the mineral resource area; the police and theprosecution service; the administration of justice, including the establishment of courts of law;the prison and probation service; law of legal capacity, family law and succession law; aliens andborder controls; the field relating to company law, accounting and auditing; financial regulationand supervision.
With reference to the unity of the Danish Realm and the Danish Constitution the Self-Government authorities cannot take over the following fields of responsibility: the constitution,foreign affairs, defence and security policy, the Supreme Court, nationality, and exchange rateand monetary policy.
2) The economic relations between Greenland and DenmarkThe Act introduces an overall model for the economic relations between Greenland andDenmark including the following main elements:1. The Government subsidy to remain unchanged at the 2009 level, i.e. around DKK 3,4 billion(appr. 457 mill Euro) a year, adjusted for price and wage development.2. Greenland itself to finance fields of responsibility that are taken over in the future.3. Revenue from mineral resource activities in Greenland to accrue to the Greenland Self-Government authorities.4. The Government subsidy to be reduced by an amount corresponding to half the revenuefrom mineral resource activities exceeding an annual DKK 75 million (appr. 10 mill. Euro).5. The Government and the Self-Government authorities to cooperate in the first five-yearperiod on tasks relating to mineral resources. Subsequently, it will be for the Self-Governmentauthorities to decide whether to renew the agreement.6. Negotiations to be initiated between the Self-Government authorities and the Governmentwhen the Government subsidy to Greenland has been reduced to zero kroner. Thenegotiations will include the issue of the distribution of revenue from mineral resourceactivities in the Greenland subsoil and the issue of a resumption of the Government subsidy tothe Self-Government authorities.3) Foreign affairsThe Act introduces an overall regulation of the Self-Government authorities’ participation inforeign policy matters. The proposal corresponds to the existing regulation in the AuthorisationAct from 2005 and agreements and customs in the foreign policy area.47
4) Greenland’s access to independenceThe Act encompasses rules on how Greenland can become an independent state at some pointin the future. The decision to commence negotiations on independence is to be taken by thepeople of Greenland, and the Government of Denmark will then commence negotiations witha view to concluding an agreement between the Landsstyre and the Government.
The conclusion of an agreement between the Landsstyre (now Naalakkersuisut) and theGovernment on independence requires the consent of both the Landsting (now Inatsisartut)(the Greenland Parliament) and the Folketing (the Danish Parliament). With respect to theFolketing, this follows from the Danish Constitution, according to which the Governmentcannot, without the consent of the Folketing, “undertake any act whereby the territory of theRealm shall be increased or reduced”.
5) LanguageGreenlandic shall be the official language of Greenland.In addition to the above mentioned key elements the Act on Greenland Self-Governmentincludes provisions on:a) The Self-Government authorities and the Courts.b) The cooperation between the Greenland Self-Government authorities and the centralauthorities of the Realm regarding legislation of significance to Greenland.c) Dispute resolution.Article 2222. Discrimination on the grounds of race etc. is punishable according to ch. 20, section 71aof the Greenland Criminal Code. Discrimination will also be punishable according to the newGreenland Criminal Code which will enter into force by 1 January 2010.223. The Greenland Government supports the Inuit Circumpolar Conference financially.Article 3224. The Danish Act no. 289 of 9 June 1971 on Prohibition against Discrimination on the Basisof Race applies to Greenland according to Royal Order no. 27 of 4 February 1972.48
Article 4225. The principles in the guidelines issued by the Director of Public Prosecutions inInstruction No. 9/2006 as described under article 4 above are followed by the Chief Constableof Greenland. Thus cases concerning violation of Section 71a of the Greenlandic CriminalCode and violation of the Act on the Prohibition of Discrimination based on Race will besubmitted to the Director of Public Prosecutions. Information on such cases is not accessible.
226. The Chief Constable of Greenland reports criminal acts with a presumed racist or religiousbackground, which are punishable by law, to the National Commissioner of Police according tothe same reporting system as in Denmark. In 2007 one case was reported. This case concernedviolence with a presumed racist background committed by three Greenlandic persons againstan ethnic Danish person.Article 5227. The Greenland Parliament Act no. 10 of 25 October 1990 concerning primary and lowersecondary education has been superseded by Act no. 8 of 21 May 2002. The act continues thepolicy of integration between the Greenlandic-speaking and Danish-speaking pupils.228. The Danish acts on Integration of Aliens, the Marriage Act and theRepatriationAct donot apply to Greenland.
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Annex II: Reporting on the Faroe IslandsPart I229. Reference is made to Denmark’s fourteenth periodic report (CERD/C/362/add.1.paras366-383) concerning the Faeroe Islands.
Part II
Article 1230. As of January 1st 2008 the total population of the Faeroe Islands was 48,433. The nationalstatistics do not distinguish between Danish citizens (i.e. Danes, Faroese and Greenlandic) andof the total population on the Faeroe Islands 47,343 were registered as Danish citizens (97.5%).In addition, 319 persons were from the other Nordic countries (Iceland, Norway, Finland andSweden), 417 came from other European countries, 181 came from countries in Asia, 93 camefrom the Americas, and 63 were citizens of African countries.
231. In 2005 the Danish and the Faroese Governments agreed to modernise the legislationconcerning Faroese Home Rule. For a further description of the modernisation, reference ismade to the fifth periodic report of Denmark under the International Covenant on Civil andPolitical Rights (CCPR/C/DNK/5).
Article 2232. Faroese legislation ensures that all citizens of the Faeroe Islands are vested the same rightsand the same responsibilities in all areas of society regardless of race, ethnicity, etc.Discrimination on the grounds of race etc. is punishable according to section 266 B of theDanish Criminal Code; cf. Denmark’s fourteenth periodic report (CERD/C/362/add.1.para377-378).
Article 3233. The Danish Act no. 289 of 9 June 1971 on Prohibition against Discrimination on the Basisof Race applies to the Faroese Islands according to Royal Order no 382 of 12 August 1972.
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Article 4234. The principles in the guidelines issued by the Director of Public Prosecutions inInstruction No. 9/2006 as described under article 4 above are followed by the Chief Constableof the Faroese Islands. Thus cases concerning violation of Section 266 B of the DanishCriminal Code and violation of the Act on the Prohibition of Discrimination based on Racewill be submitted to the Director of Public Prosecutions. Information on such cases is notaccessible.
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