REU, Alm.del - 2014-15 (1. samling) - Bilag 319: Konklusioner fra FN's Racediskriminationskomité

Retsudvalget 2014-15 (1. samling)
REU Alm.del Bilag 319
Offentligt

CERD

/C/DNK/CO/20-21

Advance unedited version

Distr.: General

15 May 2015

Original: English

Committee on the Elimination of Racial Discrimination

Concluding observations on the twentieth and twenty-first

periodic reports of Denmark

The Committee considered the combined twentieth and twenty-first periodic reports

of Denmark (CERD/C/DNK/20–21), submitted in one document, at its 2339

and 2340

meetings (CERD/C/SR.2339, CERD/C/SR.2340), held on 6 and 7 May 2015. At its 2349

meeting, held on 13 May 2015, it adopted the following concluding observations.

Introduction

The Committee welcomes the timely submission of the combined twentieth and

twenty-first periodic reports of the State party, which included responses to the concerns

raised by the Committee in its previous concluding observations. The Committee wishes to

commend the regularity in reporting to it which allows a continuous dialogue with the State

party on the implementation of the Convention and its impact on the ground. Also, the

Committee welcomes the oral presentation given by the State party’s delegation consisting

of representatives of various executive bodies as well as representatives of the

Governments of Greenland and Faroe Islands, taking into account the list of themes

identified by the Rapporteur. The Committee also appreciates the open and constructive

dialogue held with the State party.

Positive aspects

The Committee welcomes the accession by the State party to the Optional Protocol

to the Convention on the Rights of Persons with Disabilities in September 2014.

The Committee also welcomes:

(a) The adoption of an action plan in 2010 aimed at promoting ethnic equality and

respect for the individual;

(b) The establishment of an Anti-discrimination Unit in the Ministry of Children,

Equality, Integration and Social Affairs in April 2014 to combat discrimination

based on ethnicity or disability in all spheres of society;

Adopted by the Committee at its eighty-sixth session (27 April – 15 May, 2015).

GE.15-

REU, Alm.del - 2014-15 (1. samling) - Bilag 319: Konklusioner fra FN's Racediskriminationskomité

CERD/C/DNK/CO/20-21

which will include treaty bodies’ conclusions and recommendations to be

distributed to Parliamentarians among others and to facilitate their

implementation.

Following its recommendation in 2010, the Committee welcomes the Danish

Parliament Act of 2014 aiming at improving the legal status of the “legally fatherless” of

Greenland and notes with interest that in connection with the passing of this law, the

Danish Parliament’s Greenland Committee called for a number of initiatives and that a joint

Danish-Greenlandic working group has been established to follow up on this.

The Committee welcomes the additional financial resources provided to the Danish

Institute for Human Rights and cooperation extended to it by the State party.

Concern and recommendations

Monitoring racial discrimination

The Committee notes that the National Danish Civil Registration System contains

basic personal data about all persons legally residing in Denmark but not on ethnicity since

the registration of ethnicity as a general rule is not in compliance with the Act on

Processing of Personal Data. The Committee is therefore concerned that there are no

countrywide statistical data on ethnicity which renders it difficult for the State party to

measure results of its strategies as well as assess the enjoyment of economic, social and

cultural rights of vulnerable groups protected by the Convention.

In line with its revised reporting guidelines (CERD/C/2007/1, paras. 10 and 12), the

Committee recommends that the State party revise its data collection system to also

include ethnicity to ensure that it allows the State party to monitor and evaluate the

equal enjoyment by all, protected by the Convention, of rights enshrined therein

including through disaggregated information in full respect of the principles of

confidentiality, informed consent and self-identification. The collection of data on

ethnic groups in the country may be ensured through surveys, censuses or other

appropriate methods.

The Convention in domestic legislation

The Committee notes that, despite the State party’s explanation that even without

incorporation the Convention is a relevant source of law for the judiciary and other law-

applying authorities, the number of judgements referring to the Convention is limited. It

regrets the State party’s unwillingness to incorporate the Convention into its legislation

despite the recommendation made by a majority of the members of an ad hoc expert

committee to this effect. While the State party invokes “a risk of shifting competence from

the Parliament and the Government to the Judiciary”, the Committee notes that the State

party has nevertheless incorporated into its domestic law the European Convention on

Human Rights (arts 1 and. 2).

The Committee reiterates its recommendation that the State party reconsider the

incorporation of international human rights core instruments, including the

Convention, into its domestic legislation to ensure greater awareness of the

Convention by the population in general and by law enforcement officials in

particular. In the meantime, the Committee encourages the State party to amend its

Criminal Code to make it fully in line with the provisions of the Convention, including

a definition of racial discrimination as provided for by article 1 (1) of the Convention

and to ensure that the judiciary are fully conversant with its provisions.

REU, Alm.del - 2014-15 (1. samling) - Bilag 319: Konklusioner fra FN's Racediskriminationskomité

CERD/C/DNK/CO/20-21

Enforcement of provisions on racial discrimination

The Committee is concerned about the information by the State party that 45% of

people with ethnic minority background felt they experienced discrimination based on their

ethnicity according to the National Integration Barometer. It is further concerned about the

low number of court cases on hate crimes, despite the abovementioned data and the

guidelines issued by the Director of Public Prosecutions for the Police to better handle hate

crimes. Furthermore, while taking note that Section 78, Subsection 2, of the Constitution

provides that associations promoting and employing violence on persons holding other

views shall be dissolved by courts, the Committee is concerned by the lack of explicit

provisions in the Criminal Code prohibiting organizations that promote racial

discrimination as well as participation in such activities (arts. 2, 4 and 6).

(a)

In view of its General Recommendation No. 31 (2005) on the prevention

of racial discrimination in the administration and functioning of the criminal justice

system, the Committee recalls that the marked discrepancy between the percentage of

people being discriminated against and the low number of complaints may be

indicative either of victims’ ignorance as to the availability of remedies or of

unwillingness by competent authorities to institute legal proceedings. The Committee

recommends that the State party intensify its efforts to raise awareness about

legislation on racial discrimination, facilitate access to remedies for victims of racial

discrimination, including promoting the use of “testing” as admissible proof of

discriminatory incidents. It also recommends that the State party include in its next

periodic report comprehensive information on complaints, convictions and sentences

as well as the reasons for discontinuing investigations or withdrawing charges.

(b)

The Committee indicates that the provisions of Article 4 of the

Convention are of a mandatory character. States parties have not only to enact

appropriate legislation but also to ensure that it is effectively enforced. As set forth in

General Recommendation no. 15 (1993) on Article 4 of the Convention, States parties

should be vigilant in proceeding against organizations promoting racial

discrimination as early as possible, without waiting for their dissolution in the future.

These organizations, as well as other propaganda activities, should be declared illegal

and prohibited. Participation in such organizations should also be prohibited and

punished. The Committee recommends that the State party amend its Criminal Code

to bring it fully in line with Article 4 (b) of the Convention and to clarify the

application of sections 266 b and 81, no. 6 of the Criminal Code.

Racist discourse and incidents

10.

On the eve of the incoming general election to be held in September 2015 at the

latest, the Committee notes with concern the increase of xenophobia and political

propaganda targeting non-citizens. It is also concerned about racist publications in the

media, including online, and by the increase of Islamophobia, by the terror attack against

the Jewish community in Copenhagen in February 2015 and by the stigmatization of the

Roma community. Furthermore, the Committee expresses its deep concern regarding the

exhibition in the Danish Parliament premises of racist pictures appearing to incite violence

from a Swedish artist several times convicted in Sweden for racist offenses, relying on the

argument that the State party protects and promotes the right to freedom of expression (arts.

4 and 5).

The Committee recommends that the State party:

(a)

Redouble its efforts to combat racial prejudice and violence, xenophobia

as well as intolerance in the country. It urges the State party to remind politicians

about their responsibilities to ensure that they contribute to building tolerance and

intercultural understanding among different groups.

REU, Alm.del - 2014-15 (1. samling) - Bilag 319: Konklusioner fra FN's Racediskriminationskomité

CERD/C/DNK/CO/20-21

(b)

Develop a national action plan on racism as called for in Durban

including a particular focus on combating hate crimes and provide detailed

information on the initiative mapping such crimes in Denmark and on the new

monitoring system in the Danish National Police, outlining concrete results achieved;

In view of its General Recommendations No. 35 (2013) on combating racist hate

speech, the Committee recalls that the right to freedom of expression is not unlimited

but may be subject to certain restrictions, such as with respect to racist hate speech in

whatever forms which rejects human dignity and equality and seeks to degrade the

standing of individuals and groups. While respecting the right to freedom of

expression, the State party should take effective measures to combat racist hate

speech, including racist messages on the Internet.

Family Reunification

11.

The Committee is concerned by the State party’s strict and restrictive conditions

regarding family reunification despite its repeated recommendations. It notes with concern

that the State party amended in February 2015 the Aliens Act limiting the right of asylum

seekers granted temporary subsidiary protection to family reunification with their spouse,

partner or minor child less than 15 years old, unless an extension of the temporary

protection status with a one year residence permit has been granted. The Committee

remains concerned about these amendments despite the declaration by the State party that

exceptions are still possible (arts. 2 and 5).

The Committee recommends that the State party ensure family reunification of the

beneficiaries of international protection, by revising the newly introduced provision in

the Aliens Act that denies family reunification to beneficiaries of temporary

subsidiary protection and their family members during the first year, and by ensuring

family reunification for all children under 18 in light of its General Recommendation

no. 30 (2005) on discrimination against non-citizens.

Refugees

12.

The Committee is concerned about changes in the Aliens Act in 2012 placing

additional restrictions on obtaining an indefinite residence permit, pursuant to which the

required period of residency was increased from 4 to 5 years, while additional restrictive

requirements dealing with employment, self-reliance and language skills continue to apply.

Exemptions from these additional requirements are available only if the applicant has

resided in Denmark for 8 years. The Committee is concerned that this lengthy period is not

conducive to the integration of refugees. The Committee is further concerned that the new

temporary subsidiary protection status provides for only a one-year residence permit which

can be renewed for two years. This short period has a negative impact on a person’s sense

of belonging and motivation to integrate (arts. 2 and 5).

Bearing in mind its General Recommendation no. 30 (2005) on discrimination against

non-citizens:

(a) The Committee recommends that the State party amend the Aliens Act

to ensure that refugees and other beneficiaries of international protection and their

families receive long-term residence rights at an early stage, either immediately or at

the latest following the expiry of the initial permit.

(b)

The Committee requests that the State party provide it with information

on the situation of non-citizens who have lost their residence permit in Denmark but

are - despite their willingness to cooperate with the Danish authorities - unable to

return to their home country.

REU, Alm.del - 2014-15 (1. samling) - Bilag 319: Konklusioner fra FN's Racediskriminationskomité

CERD/C/DNK/CO/20-21

Adequate housing

13.

While noting the State party’s efforts to eliminate segregation in housing and

enhance the social mix of tenants, the Committee is concerned about potential adverse

effects that these measures may have on persons belonging to minority groups and socially

disadvantaged people to access adequate housing. This is exemplified by information that

based on the “combined letting” rule, out of 709 tenants precluded from moving to certain

dwellings, only 28 were offered the obligatory substitute dwelling by their municipalities.

As regards the private rental housing market, the Committee also expresses its concern

regarding the information that people with a Middle Eastern name statistically have to send

27 percent more applications in order to receive a positive response than people with a

Danish name (arts. 3 and 5).

The Committee recommends that the State party assess its policy on combating

segregation in housing to ensure that there is no unintended indirect discrimination

that may affect non-citizens, persons belonging to minority groups and other socially

disadvantaged people, including Roma. The Committee also recommends that the

State party combat racial discrimination in this area by facilitating access to adequate

housing for persons affected.

Education

14.

The Committee is concerned by reports that children in asylum centres experience

discrimination in their access to education. They reportedly do not have the right to attend

the Danish government schools (Folkeskolen) which prevents them from accessing quality

education. The Committee is further concerned by reports that Roma children also

experience discrimination in education. Moreover, while noting the experimental

programme designed to examine the positive effects of different teaching modules in the

mother tongue of minority students, the Committee is however concerned about the high

dropout rate of children of foreign origin, in particular non-EU nationals (art. 5).

The Committee recommends that the State party guarantee to asylum seeking

children equal opportunities to access quality education as well as to address

discrimination against Roma children in the field of education. The Committee

further recommends that the State party continue with its experimental programme

on access to mother tongue education for children belonging to minority groups,

including vocational training, as well as ensure supplies of school textbooks in

minority languages.

Employment

15.

While welcoming the new action plan for integration aiming at improving inclusion

of immigrants in the labour market, through a more job-oriented ‘integration programme’

for newly arrived refugees and family unified persons and job-oriented offers for

unemployed third country nationals, the Committee remains concerned about the high level

of unemployment and economic disadvantage of non-citizens and persons belonging to

minority groups (arts. 2 and 5).

The Committee recommends that the State party expand and strengthen its initiatives

so as to improve the integration of non-citizens and persons belonging to minorities,

including Roma in the labour market and to address the structural discrimination

they may face in this area. The Committee draws the State party’s attention to

General Recommendations no. 30 (2005) on discrimination against non-citizens and

no. 32 (2009) on the meaning and scope of special measures in the International

Convention on the Elimination of All Forms of Racial Discrimination which provide

guidance in this regard.

REU, Alm.del - 2014-15 (1. samling) - Bilag 319: Konklusioner fra FN's Racediskriminationskomité

CERD/C/DNK/CO/20-21

Victims of domestic violence

16.

The Committee notes with interest that, in line with its previous recommendation,

the amendment to the Aliens Act of January 2013 allows foreign spouses and children who

are victims of domestic violence to retain their residence permits regardless of cessation of

cohabitation. Nonetheless, the Committee is concerned about difficulties which victims of

violence may face in obtaining a separate residence permit, considering the fact that having

received social benefits within the last three years may hamper their access to this permit

(art. 5).

The Committee recommends that the State party assess and closely monitor that

receipt of social benefits, if linked to the circumstances generated by domestic violence

does not influence the State party’s decision to award a residence permit to the

concerned spouse or children. The State party is encouraged to continue its efforts in

this area.

Right to remedies

17.

The Committee is concerned about the low number of complaints received by the

Board of Equal Treatment and reiterates its concern that the Board can only receive written

complaints. The Committee expresses concern about the failure of the State party to

provide compensation to victims who successfully submitted individual complaints to the

Committee (arts. 6 and 14).

(a) The Committee reiterates its recommendation that the State party

strengthen the Board’s complaint-lodging procedure by allowing complainants to

provide oral testimonies, when deemed necessary. It also recommends that the State

party raise public awareness on the existence of the Board among other measures to

increase the efficiency of the latter and to reinforce its efforts to combat racial

discrimination.

(b) Bearing in mind its General Recommendation no. 26 (2000) on Article 6 of the

Convention, the Committee recommends that the State party ensure that victims of

racial discrimination can obtain effective legal remedies, including compensation and

reparation. The State party should guarantee the right of victims to seek just and

adequate reparation or satisfaction for any damage suffered as a result of racial

discrimination, and consider awarding financial compensation for damage, both

material and moral.

Ethnic minorities in the police and in the administration of justice

18.

The Committee is concerned about reports of persistent ethnic profiling and the very

low number of persons belonging to ethnic minority groups serving as police officers. The

Committee also expresses concern about the uneven quality of interpreters assisting

refugees, immigrants and persons belonging to minority groups in the courts (art. 5).

The Committee recommends that the State party intensify its efforts to facilitate the

recruitment of persons belonging to minority groups to the police. It recommends the

State party to continue with its training programmes of law enforcement officials such

as the seminars organized in all police districts in 2011-2012 to help eliminate ethnic

profiling and better tackle hate crimes. It further encourages the State party to ensure

that interpretation provided in courts is of sufficient quality and, if necessary,

establish education in interpretation targeting the most spoken foreign and immigrant

languages.

Greenland and Faroe Islands

19.

The Committee expresses its concern at the lack of legal provisions prohibiting

racial discrimination in the labour market, and at the lack of data as well as of a body to

REU, Alm.del - 2014-15 (1. samling) - Bilag 319: Konklusioner fra FN's Racediskriminationskomité

CERD/C/DNK/CO/20-21

receive complaints on racial discrimination in Greenland and the Faroe Islands. While

noting that the mandate of the Danish Institute for Human Rights has been extended to

Greenland in 2014, the Committee regrets that there is no body with similar competence for

the Faroe Islands. Also, the Committee is aware that Greenlanders living in mainland

Denmark face prejudice and feel discriminated against in terms of access to economic,

social and cultural rights (arts. 2 and 5).

The Committee recommends that the State party:

(a) Encourage Greenland and Faroe Islands to adopt relevant legislation on racial

discrimination, develop ways and tools to collect data on racial discrimination and

consider establishing a competent body to deal with complaints of discrimination

based on race, colour, ethnic or national origin;

(b) Consult Faroe Islands on the possibility and the importance of having a

human rights institution with a broad mandate on human rights, including on non-

discrimination;

The Committee encourages the State party to consult with Greenlanders and Faroe

Islanders living in mainland Denmark on possible prejudice and discrimination that

might be experienced by them.

Structural discrimination

20.

Despite numerous initiatives taken by the State party, the Committee expresses its

concern at the structurally differential treatment in Denmark, in particular reports that

persons belonging to minority groups, non-citizens, particularly non-EU nationals, face

structural discrimination regarding access to employment, housing, health services, quality

education as well as access to justice (arts. 1 and 5).

The Committee recommends that the State party adopt special measures to combat

structural discrimination and promote equal opportunities for all national and other

minority groups and others affected. While implementing the Roma strategy and the

Integration action plan, the State party is encouraged to also introduce strategies to

address racial discrimination in other programmes, allocate sufficient resources for

the implementation of such programmes and systematically evaluate their impact on

reversing structural discrimination.

Indigenous peoples

21.

The Committee notes that the State party maintains its view that there is only one

indigenous people in the Kingdom of Denmark, the Inuit in Greenland, according to the

Supreme Court 2003 ruling that the Thule Tribe are not a distinct indigenous people co-

existing with the Greenlandic people. However, the Committee regrets the lack of

consultation with the Thule Tribe of Greenland on this issue despite its previous

recommendations (arts. 5).

In view of its General Recommendations no. 8 (1990) concerning the interpretation

and application of article 1, paragraphs 1 and 4, of the Convention and no. 23 (1997)

on rights of indigenous peoples, the Committee recommends that the State party

engage in consultations with those concerned on matters of importance to them,

keeping in mind the principle of self-identification as a fundamental criterion in the

identification of people as distinct indigenous.

Awareness-raising

22.

The Committee takes note of a number of initiatives regarding the implementation

of Article 7 such as the campaign “YES! To equal treatment,” the project “Your faith, My

faith” and the new teaching material “Diversity and prejudice” published in January 2015.

However, the Committee regrets the lack of information on the impact of these programmes

REU, Alm.del - 2014-15 (1. samling) - Bilag 319: Konklusioner fra FN's Racediskriminationskomité

CERD/C/DNK/CO/20-21

on the fight against racism and is of the view that additional measures are still needed to

raise public awareness about racial discrimination (art. 7).

The Committee recommends that the State party intensify its efforts to raise

awareness of the public, civil servants and law enforcement officials of the importance

of cultural diversity, tolerance and interethnic understanding, in order to combat

stereotypes, prejudices and discrimination against mainly refugees, migrants, persons

belonging to Roma, Muslim, Jewish and African communities and evaluate the

effectiveness of programmes and activities in this area.

Other recommendations

Ratification of other treaties

23.

Bearing in mind the indivisibility of all human rights, the Committee encourages the

State party to consider ratifying international human rights treaties which it has not yet

ratified, in particular treaties with provisions that have a direct relevance to communities

that may be the subject of racial discrimination, such as the International Convention on the

Protection of the Rights of All Migrant Workers and Members of Their Families (1990) and

the ILO Convention No. 189 on Domestic Workers.

Follow-up to the Durban Declaration and Programme of Action

24.

In the light of its general recommendation No. 33 (2009) on the follow-up to the

Durban Review Conference, the Committee recommends that the State party give effect to

the Durban Declaration and Programme of Action, adopted in September 2001 by the

World Conference against Racism, Racial Discrimination, Xenophobia and Related

Intolerance, taking into account the outcome document of the Durban Review Conference,

held in Geneva in April 2009, when implementing the Convention in its domestic legal

order. The Committee requests that the State party include in its next periodic report

specific information on action plans and other measures taken to implement the Durban

Declaration and Programme of Action at the national level.

International Decade for People of African Descent

25.

In the light of General Assembly resolution 68/237 proclaiming the International

Decade for People of African Descent for 2015-2024 and resolution 69/16 on the program

of activities for the implementation of the Decade, the Committee recommends that the

State party prepare and implement a suitable program of measures and policies. The

Committee requests as well that the State party includes in its next report precise

information on the concrete measures adopted in this framework, taking into account its

General Recommendation N°34 (2011) on racial discrimination against people of African

descent.

Consultations with civil society

25.

The Committee recommends that the State party continue consulting and expanding

its dialogue with organizations of civil society working in the area of human rights

protection, in particular in combating racial discrimination, in connection with the

preparation of the next periodic report and the follow-up to these concluding observations.

Dissemination

26.

The Committee recommends that the State party’s reports to be made readily

available and accessible to the public at the time of their submission, and that the

observations of the Committee with respect to those reports be similarly publicized on the

REU, Alm.del - 2014-15 (1. samling) - Bilag 319: Konklusioner fra FN's Racediskriminationskomité

CERD/C/DNK/CO/20-21

website of the Ministry of Foreign Affairs in the official and other commonly used

languages, as appropriate.

Common core document

28.

The Committee encourages the State party to update its core document, which dates

back to 1995, in accordance with the harmonized guidelines on reporting under the

international human rights treaties, in particular those on the common core document, as

adopted at the fifth inter-committee meeting of the human rights treaty bodies held in June

2006 (HRI/GEN/2/Rev.6, chap. I).

Follow-up to concluding observations

29.

In accordance with article 9, paragraph 1, of the Convention and rule 65 of its

amended rules of procedure, the Committee requests the State party to provide information,

within one year of the adoption of the present concluding observations, on its follow-up to

the recommendations contained in paragraphs 10 and 15 above.

Paragraphs of particular importance

30.

The Committee also wishes to draw the attention of the State party to the particular

importance of the recommendations contained in paragraphs 11, 13, 14 and 19 above and

requests the State party to provide detailed information in its next periodic report on

concrete measures taken to implement those recommendations.

Preparation of the next periodic report

31.

The Committee recommends that the State party submit its 22

to 24

periodic

reports, in a single document, by 8 January 2019, taking into account the reporting

guidelines adopted by the Committee during its seventy-first session (CERD/C/2007/1) and

addressing all the points raised in the present concluding observations. In the light of the

General Assembly resolution 68/268, the Committee urges the State party to observe the

word limit of 21,200 for periodic reports and 42,400 for the common core document.