GRU, Alm.del - 2023-24 - Bilag 5: Rapport fra FN’s specialrapportør for oprindelige folks rettigheder om specialrapportørens besøg i Danmark og Grønland

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For the Special Rapporteur on the Rights of Indigenous Peoples

Asiatisk Plads 2

DK-1448 Copenhagen K

Denmark

Phone +45 33 92 00 00

Fax +45 32 54 05 33

E-mail: [email protected]

http://www.um.dk

Date

Enclosure(s)

Case/ID No.

Department

2022-40710

JTFM

27 September 2023

Comments from Denmark and Greenland to the report of the

Special Rapporteur following the visit to Denmark and

Greenland in 2023.

Denmark and Greenland would like to thank the Special Rapporteur on

the Rights of Indigenous Peoples for the opportunity to provide

comments to the report on his visit to Denmark and Greenland in 2023.

The following comments consist of a contribution from the Danish

Government after consultation with the Government of Greenland

followed by comments from the Government of Greenland.

The comments from the Danish Government are limited to matters of a

factual or clarifying character. Other comments to the text and

recommendations will be reserved for later occasions.

The Danish Government looks forward to continuing the cooperation

with the Special Rapporteur on the rights of Indigenous Peoples.

Re paragraph 6:

In the third sentence it is stated that “[t]he Special Rapporteur considers

that declaration contrary to international human rights standards on

Indigenous Peoples, which rely on the right to collective self-identification

as the primary criterion for their recognition.” In this respect, attention is

drawn to the report of the Committee set up to examine the representation

alleging non-observance by Denmark of the Indigenous and Tribal

Peoples Convention, 1989 (No. 169), made under article 24 of the ILO

Constitution by the National Confederation of Trade Unions of

Greenland (Sulinermik Inuussutissarsiuteqartut Kattuffiat-SIK) paragraph

33:

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“33. The Committee notes that the parties to this case do not

dispute that the Inuit residing in Uummannaq at the time of the

relocation are of the same origin as the Inuit in other areas of

Greenland, that they speak the same language (Greenlandic),

engage in the same traditional hunting, trapping and fishing

activities as other inhabitants of Greenland and identify themselves

as Greenlanders (Kalaalit). The Committee notes that, prior to

1953, the residents of the Uummannaq community were at times

isolated from other settlements in Greenland due to their remote

location; however, with the development of modern

communications and transportation technology, the Thule District

is no longer cut off from other settlements in Greenland. The

Committee notes that these persons share the same social,

economic, cultural and political conditions as the rest of the

inhabitants of Greenland (see Article 1(1) of the Convention),

conditions which do not distinguish the people of the Uummannaq

community from other Greenlanders, but which do distinguish

Greenlanders as a group from the inhabitants of Denmark and the

Faroe Islands. As concerns Article 1(2) of the Convention, while

self-identification is a fundamental criterion for defining the groups

to which the Convention shall apply, this relates specifically to self-

identification as indigenous or tribal, and not necessarily to a

feeling that those concerned are a “people” different from other

members of the indigenous or tribal population of the country,

which together may form a people. The Committee considers there

to be no basis for considering the inhabitants of the Uummannaq

community to be a “people” separate and apart from other

Greenlanders. This does not necessarily appear relevant to the

determination of this representation, however, for there is nothing

in the Convention that would indicate that only distinct peoples

may make land claims, especially as between different indigenous

or tribal groups.”

In this regard, see also the comments made in relation of paragraph 47.

With regard to the Special Rapporteur’s recommendation in paragraph 93

(b) following paragraph 6, the Danish Government refers to the

comments made above as far as the factual basis is concerned.

Re paragraph 24:

The paragraph mentions that there were no public radio or television

services to provide news in Greenlandic for Inuit in Denmark. That is not

correct. The public funded Danish Broadcasting Corporation (Danmarks

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Radio) provides a weekly television news broadcast in Greenlandic with

news from Greenland. Available without payment on both flow television

and on demand (streaming).

Re paragraph 32:

For information with respect to the agreement between Greenland and

Denmark on 22 June 2023 on the terms of reference for the historical

inquiry into the relationship between Greenland and Denmark, a joint

public call was published on 7 July 2023 by the Greenlandic Research

Council and the Independent Research Fund Denmark in order to identify

candidates for the role as principal investigator for the inquiry.

Re paragraph 47 and 48:

Commenting on the Thule case, in the last sentence in paragraph 47, it is

stated that “[H]uman rights bodies consider that the ruling of the Supreme

Court is in breach of the right to self-identification under international

law.” Furthermore, in the third sentence in paragraph 48 it is stated that

[t]he Inughuit people have yet to obtain fair and just compensation for the

relocation and consequent loss of ancestral land and resources.”

In continuation of what is commented in relation to paragraph 6, attention

is drawn to the report of the Committee set up to examine the

representation alleging non-observance by Denmark of the Indigenous

and Tribal Peoples Convention, 1989 (No. 169), made under article 24 of

the ILO Constitution by the National Confederation of Trade Unions of

Greenland (Sulinermik Inuussutissarsiuteqartut Kattuffiat-SIK) (SIK)

paragraph 40:

“40. The Community also notes, however, that the former residents of

the Uummannaq community have been awarded compensation for lost

hunting and trapping rights, as well as for damages incurred as a result

of the relocation. It also notes that, almost 50 years later, the persons

concerned, and their children, have now resettled in other sections of

Greenland or in Denmark. Under the particular circumstances of this

case, the Committee considers that to call for a demarcation of lands

within Greenland for the benefit of a specific group of Greenlanders

would run counter to the well-established system of collective land

rights based on Greenlandic tradition and maintained by the Greenland

Home Rule Authorities. This conclusion should be seen in the light of

Article 17(1) of the Convention, which provides that “procedures

established by the peoples concerned for the transmission of land rights

among members of these peoples shall be respected”, noting that

Link: Article 24/26 cases (ilo.org)

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traditionally no individual land rights are recognized among

Greenlanders.”

In addition, it should be mentioned that in 2006, the European Court of

Human Rights considered the case and ruled that the expropriation and

forced relocation during the Thule case did not violate the rights of the

residents in the area. The case was dismissed by the European Court of

Human Rights because the expropriation and forced relocation took place

in 1953 before the European Convention on Human Rights came into

force in Denmark. Furthermore, the Court ruled that the Danish state had

found a fair balance between the public interest and the protection of the

fundamental human rights at stake.

With regard to the Special Rapporteur’s recommendation in paragraph 98

(b) following paragraph 47 and 48, the Danish Government refers to the

comments made above as far as the factual basis is concerned.

Re paragraph 63:

Regarding the statement: “Even if Greenlandic is the official language of

Greenland, in its courts, Danish is often the language of the judges and

legal and technical documents.”

While this is correct for cases processed by the Court of Greenland (civil

cases, insolvency cases, and complex cases referred by the District Courts)

it is incorrect for cases processed by the District Courts (criminal cases,

family law cases, etc.). These are presided by District Court judges who

are fluent in both Greenlandic and Danish, and the vast majority of their

cases are conducted in Greenlandic.

For further context, the Court of Greenland is composed of 3-4 legally

trained (and at the moment only Danish speaking) jurists while the District

Courts are made up of a total of 12 bilingual District Court judges.

Re paragraph 63:

Regarding the statement: “Under the Administration of Justice Act for

Greenland, only some legal documents are required to be translated into

a language understood by the parties to a case.”

European Court of Human Rights, Hingitaq 53 v. Denmark, 18584/04, 12 January 2006,

page 18 and 20. See also the Danish Institute for Human Rights’ letter of January 22, 2016,

to the Secretariat of the UN Permanent Forum on Indigenous Issues (UNPFII) re. request

for information on indigenous peoples in Denmark (link:

https://www.un.org/esa/socdev/unpfii/documents/2016/National-HR/response-

Denmark.pdf).

GRU, Alm.del - 2023-24 - Bilag 5: Rapport fra FN’s specialrapportør for oprindelige folks rettigheder om specialrapportørens besøg i Danmark og Grønland

The Administration of Justice Act for Greenland only stipulates that the

official languages of the courts are Greenlandic and Danish and do not

contain specific provisions as to which legal documents must be

translated.

If, in a civil case, one of the parties does not understand the legal

documents in the language in which they have been submitted by the

opposing party, or the court transcripts, s/he can request, and the court

will accommodate, that these be translated.

It is correct that most legal documents and written evidence submitted in

criminal cases by the prosecution are in Danish. However, before an

indictment listing the charges is sent to the court, it is normally translated

into Greenlandic. Moreover, the public defenders – who have access to

the evidence before the trial, which is not the case for their clients, the

defendants – all speak Danish. Should a public defender not speak Danish,

s/he could request that the documents be translated. In addition, all

evidence to be relied on by the court is orally presented during the trial,

and this oral presentation is translated in cases where the defendant does

not speak Danish or where the defendant requests for it to be translated.

There is never a situation where a case proceeds despite some of the legal

documents or evidence in the case not being understood by one party.

Finally, the verdicts of the court are always translated when requested.

Re paragraph 64:

Regarding the statement: “Notwithstanding the creation of a law

programme at the University of Greenland and two years of legal training

for lay judges, the judicial system of Greenland still struggles to find Inuit

judges and public defenders.”

While the Greenlandic courts do make use of lay judges, these must be

distinguished from the District Court Judges who preside in all District

Court cases.

Lay judges are civilians who are not employed by the courts but only

receive payment for their support in individual cases, and they do not

receive two years of legal training. Their role, as in other similar

jurisdictions, is to support the presiding judge in criminal cases in reaching

a verdict, thereby continuously ensuring that the verdicts issued by the

courts are in keeping with the general sense of justice of the population.

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The District Court judges are not required to (and at present do not) have

a formal legal education, but they undergo 2�½ years of legal training

provided by the Court of Greenland which focuses on substantive and

procedural law for the types of cases they will be presiding over as District

Court judges.

Re paragraph 64:

It would be beneficial to clarify “culturally appropriate measures” as stated

in the paragraph 64:” The Special Rapporteur recognizes the effort of the

Greenland Police Academy to recruit Inuit persons; however, the gap is

still in place and more culturally appropriate measures are needed.”

Re paragraph 64:

Regarding the statement: “In some cases, the right of the defendant to a

fair trial is not guaranteed when represented by a public defender who

lacks legal training, while legally trained prosecutors or policepersons are

their counterparts.”

While the challenge of ensuring "equality of arms" is certainly an issue,

this statement is misleading as it appears to assume that prosecutors are

always legally trained, which is incorrect. Unless the criminal case is of a

certain severity or magnitude the prosecutors are normally police

personnel without a legal background, even in cases where the counterpart

is a legally trained public defender.

Re paragraph 65:

The Prison and Probation Service in Greenland has trained psychologists

as well as an experienced psychiatrist working as a psychiatric consultant.

They are responsible for assessing the individual development concerning

inmates sentenced to an indeterminate sentence (in Danish “forvaring”)

in order to propose progressive changes during the time served if this is

deemed safe.

Health care in detention facilities, including psychiatric treatment, is an

area under the responsibility of Greenland, since Greenland has taken over

the health care system. The detention facility thus facilitates that the

Greenlandic health care services have access to provide health care to

inmates.

If an inmate has psychiatric needs that require admittance to hospital, the

inmate is treated at the psychiatric hospital ward in Greenland. There is,

however, no closed psychiatric ward in Greenland. Consequently, inmates

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may be referred to a closed forensic psychiatric ward in Denmark due to

limited psychiatric capacity in Greenland.

Re paragraph 66:

As a general remark, the concept of "prisons" is not used in the

Greenlandic justice sector or legislation.

The detention facility in Nuuk opened in 2019. It is not only designed for

high-security inmates, but it has a closed-regime section with a capacity

for 40 inmates, mostly for inmates with an indeterminate sentence (in

Danish “forvaring”) or persons remanded in custody. The facility also

contains an open-regime section with a capacity for 36 inmates.

Furthermore, the detention facility in Sisimiut (one of the six facilities) is

only for persons remanded in custody, i.e. who are not allowed to conduct

daytime activities outside the facility.

Re paragraph 67:

A life sentence does not exist in the Criminal Code, but more than 20 pct.

of convicted criminals in Greenland have an indeterminate sentence (in

Danish “forvaring”), whereas 4 pct. of convicted criminals in Denmark

are sentenced to either a life sentence or an indeterminate sentence. The

maximum sentence, cf. Art. 147 the Criminal Code, is 10 years placement

in an institution.

As for the statement: “The Special Rapporteur was informed of the high

rate of incarceration and recidivism and the

lengthy procedures for

criminal cases in Greenland compared with Denmark.”

Denmark is

not aware that the procedures for criminal cases are lengthier in Greenland

than in Denmark and would like to enquire about the source of this

statement. Statistics regarding the length of procedures for criminal cases

are available on the webpage domstol.dk.

And for the statement: “Even if the Criminal Code of Greenland does not

contemplate a life sentence among the punishments, the Special

Rapporteur expresses his preoccupation with the fact that 24.3 per cent of

inmates in the prison system of Greenland have a custodial sentence of

indefinite length, while in Denmark, the percentage of those serving life

sentences or indeterminate terms is only 2 per cent.”

The Court of Greenland is unaware of the basis of these statistics.

The courts can, however, for serious crimes where the defendant is

considered to pose a continuous threat to the safety and security of others,

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issue custodial sentences of an indefinite length (cf. Art. 161). It is the

responsibility of the prosecution service to ensure that such sentences are

only upheld as long as necessary. The prosecution service must raise the

question of parole before the court no later than 3 years after sentencing

and every second year thereafter. If a person has been reinstated, the

sentence is subject to review by the courts after 2 years and every second

year thereafter (cf. Art. 162 paragraph 4).

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Government of Greenland

Ministry of Foreign Affairs and Independence

27 September 2023

Greenland’s Comments to the report of the Special Rapporteur on

the rights of Indigenous Peoples (A/HRC/54/31/AA.)

General comments:

The Government of Greenland thanks the Special Rapporteur on the

rights of Indigenous Peoples, Mr. José Francisco Calí Tzay for his visit to

Greenland (and Denmark) and for his report thereon. The conversations

during his visit in Greenland as well as his report contribute to debates in

Greenland on the future we want as well as pointing to pertinent shortfalls

and challenges in ensuring a just and equal society where everyone can

enjoy their human rights without discrimination of any kind.

Most importantly, the report is a welcome reminder of the need for debate

and analysis both in Greenland and internationally of how the fulfillment

of principles and standards of international human rights instruments

pertaining to Indigenous Peoples can be adapted and applied to situations

with extensive self-government or autonomy, such as in Greenland, where

the Act on Self-government legally recognizes the rights to self-

determination under international law.

Re. paragraph 1:

The reference to “Inuit Indigenous Peoples” is in plural. There is only one

Inuit People in Greenland (and in Denmark (the Kingdom of)) that is the

Kalaallit (Greenland Inuit). Please also see comment under paragraph 6.

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Re. paragraph 5:

For further clarification, it should be underlined that territorial

declarations exempting Greenland from the international treaties are made

by the Kingdom of Denmark upon decisions of the Government of

Greenland. Decisions to lifting the territorial exemption are also taken by

the Government of Greenland and ratified by the Inatsisartut – the

Parliament of Greenland.

Re. paragraph 6:

In regard to the Joint declaration by the then Greenland Home Rule

Government and Denmark, delivered at the time of Denmark’s

ratification of ILO Convention no. 169, “that Denmark has only one

Indigenous People in the sense of the Convention”, the Government of

Greenland is not in agreement that this declaration is contrary to

international human rights standards on Indigenous Peoples, including on

relying on the right to collective self-identification as the primary criterion

for their recognition.

The people of Greenland Kalaallit – Greenland Inuit is one people – and

identify as such. We believe that the opinion of the Special Rapporteur has

been informed by his perception that there are three major groups or

people in Greenland, rather than one people speaking Kalaallit that has

three major dialects. A disregard for the collective self-identification of

Kalaallit – Greenland Inuit- overlooks the democratic processes of

decolonialization and nation building in Kalaallit Nunaat - Greenland

through its democratically elected institutions. As regard, the Joint

declaration, reference should also be given to the decision of the ILO

Governing Body to adopt the report and opinion of the “Tripartite

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Committee set up to examine the representation alleging non-observance

by Denmark of the ILO Convention no. 169.”

https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:50012:0::

NO::P50012_COMPLAINT_PROCEDURE_ID,P50012_LANG_CO

DE:2507219,en

Re. paragraph 7:

Rather than writing “Greenland is a self-governing territory of Denmark”

it would be more correct to write: Greenland is a self-governing country

within the Kingdom of Denmark.

In regard to the people of Greenland, the Government of Greenland once

again underlines that there are three major dialects of Kalaallisut (the

Greenlandic language): Kitaamiusut, spoken in the lower latitudes of West

Greenland, Inuktun/ Avanersuarmiutut spoken in the Northern most

latitudes of West Greenland and Ivi orasii/Tunumiusut spoken in East

Greenland.”. Please also see comments to paragraphs 1 and 6 in the above.

Re. paragraph 10:

The coordinating function of the High Commissioner is primarily within

matters under Danish competence. Most of the coordination between the

Government of Greenland and the Government of Denmark takes place

between line ministries while the overall coordination role rests with the

respective Offices of the Prime Ministers.

III

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Re. paragraph 15:

While it is correct that specialized medical treatment and care, including

for persons with disabilities as well as access to the full breadth of

disciplines within tertiary education, still remain limited in Greenland it

does not mean that there exists a legal obligation to go to Denmark in

order to avail of such opportunities. When students who wish to pursue

tertiary education in Denmark, their student allowances/ grants and travel

costs are covered by the Government of Greenland, while they enjoy free

tuition. Referrals to specialized medical treatment and care are also at the

expense of the Government of Greenland.

Re. paragraph 16:

As a continuation of paragraph 15, it is worth noting the role of the four

Kalaallit Illuutaat (sg. Kalaallit Illuat- The House of Kalaallit”) in each of

the four major towns in Denmark. The funding of the Greenlandic

houses, that are individual legal entities, is secured from the local host

municipalities, private donations and grants from the fiscal budget of the

Government of Greenland (approx. 20 million DKK annually). The

primary role of the houses is to administer counselling for Greenlandic

student in Denmark, to assist persons in need (Greenlanders permanently

living in Denmark) in their encounters with the Danish social services and

to serve as a cultural community house / gathering place for Greenlanders

living in Denmark.

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Re Paragraph 33:

The Overseas Association Decision” was replaced with “Decision on the

Overseas Association, including Greenland” with Council Decision (EU)

2021/1764 of 5 October 2021.

Re. paragraph 35:

As stated earlier the people of Greenland is one people- Kalaallit. See also

comment below in paragraph 36

Re. paragraph 36:

It should be noted that Kalaallit - Inuit of Greenland, is in control of all

its democratically elected central institutions, Naalakkersuisut – the

Government of Greenland, Inatsisartut – the Parliament of Greenland

and its five local municipal councils as well as the smaller “hamlet/

settlement councils”.

A complex institutional system of public hearings and consultations are in

place for Greenland wide legislative initiatives and administrative acts

pertaining to all the competence areas of Greenland. For any decisions

that has a more localized impact or effect, there are inbuilt safeguards to

ensure that the local population are being heard and can submit their

objections E.g. in zoning plans and laws (including on the allocation of

building sites for all purposes – housing, production sites, mineral

exploration and exploitation etc.), for mineral exploration and exploitation

there are obligations to conduct Environmental and Social Impact studies

with specific attention to the participation of the local communities

potentially most affected. In relation to fisheries and hunting, institutions,

such as locally elected Fisheries Councils and Hunting Councils, exist with

strict obligations to ensuring and reflecting the views of those most

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affected. Though, this institutional system of public hearings and

consultations, do not differentiate on basis of ethnicity (between Inuit and

non-Inuit), the fact that Inuit are in majority ensures that Inuit are fully

consulted on all government initiatives both at a Greenland wide-level and

at local municipal and hamlet level.

Though there is an openness to discuss possible improvements e.g., on

the length of the hearing and consultation phases, it is the opinion of the

Government of Greenland that these institutional systems (or rather these

institutional mechanisms) comply with the FPIC principles of both

UNDRIP and ILO 169. It should also be born the mind, that norms and

standards for FPIC protocols are intended for countries and situations

where the Indigenous Peoples themselves are not in democratic control

of the decisions affecting them.

Re. paragraph 37:

The Government of Greenland does not agree entirely with the statement

that ”The centralization of bureaucracy and decision-making is inefficient

in reaching all settlements and addressing their specific requests and

needs”. First of all, it is important to bear in mind that there is a high

degree of devolution from the national level to the level of municipalities

as well as to the local hamlet/ settlement councils. Secondly, albeit that

the size and level of bureaucracy and its efficiency can be debated (and

which they are in Greenland), the bureaucratic make-up and the

administrative procedures are in place to ensure good governance, the

respect for equal rights and freedoms and the rule of law. The enormous

distances in Greenland, with more than 70 populated towns and

settlements and the often very harsh climatic conditions should be taken

into account when assessing the efficiency of the political institutions and

the administration in Greenland.

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Re. paragraph 38:

The development of the existing Greenlandic Inuit institutions has had

overwhelming public support of the general population in Greenland,

both with the advent of Home Rule and later with the advent of Self-

government. As also discussed in the paragraph above, the efficiency and

effectiveness of the government to accommodate to specialized and very

localized needs and conditions can always be debated and they should.

The Government of Greenland agrees firmly with the third preambular

paragraph of the draft constitution for Greenland which was just

published in June of this year: “Inuit

is the indigenous people of our country. From

here comes our unique cultural distinctness, our history, our heritage and our strength.

This must never be forgotten and must be celebrated, honored, respected and protected

at all times. It is our wealth; it is our responsibility.”

Re. paragraph 43

Comment under paragraph 36 also applies to this paragraph.

It should be noted that the decision to extend the airport in Nuuk was

taking in accordance with processes described under paragraph 36 and

where the original initiative came from municipal level following extensive

democratic debates and hearings. In regard to the Arctic Circle Road

between Sisimiut and Kangerlussuaq, no decision has been taken to date.

The initiative comes from the municipality of Qeqqata. A range of legal

and financial issues has to be clarified and settled before a proposal to

establish such a road can be considered.

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Re. paragraph 44:

It is stated, that the Special Rapporteur calls upon the Government of

Greenland to adopt adequate mechanisms to implement the rights of

Indigenous Peoples regarding the Government's uranium moratorium.

However, it should be clarified that the Government of Greenland is the

democratically elected government of the Indigenous People of

Greenland – the Kalaallit / Greenland Inuit. Thus, the moratorium is to

be seen as an expression of the will of the Indigenous People of

Greenland. Therefore, it seems contradictory to call upon the

Government of Greenland to take measures to implement the rights of

Indigenous People, when the moratorium is in fact drafted by the

Indigenous People itself.

Re. paragraph 45-46:

See comment under paragraph 36. When it comes to environmental

safeguards, please see comments under 94 (a) pertaining to the Aarhus

Convention.

Re. paragraph 52:

The data of this reference (source 19 “Greenlandic Perspectives on

Climate Change p. 60), is misinterpreted. “A majority (76%) of families in

Greenland get either some (44%), half (16%), most or all (16%) of their

food from wild foods they hunt, fish or gather.”

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Re. Paragraph 57

The cited source (A/HRC/39/48/Add.2.) describes the effects of climate

change and pollution on human health in the Arctic in very broad terms,

and should therefore be read as such.

Re. paragraph 61:

It is to be noted, that a free travel zone has not been established yet, but

that the issue of increased mobility is of great interest to the Government

of Greenland, and is expected to be discussed further in the near future.

Re. paragraph 71

For Greenland: a new gender equality and anti-discrimination law will be

presented to Inatsisartut in late 2023, which ensures the protection against

discrimination based on gender, pregnancy, maternity leave, sexual

orientation, gender identity, gender expression, gender characteristics,

race, skin color, national, social or ethnic origin, disability, age, political

view, religion or belief, both within and outside of the labor market. To

further enhance protection, an independent appeals board will be

established, offering an alternative to the court system. The Greenlandic

Government is committed to improve citizens’ rights and equality,

promoting a fair and inclusive society.

Re. paragraph 79

In September 2023, the Government of Greenland issued its strategy for

suicide prevention “Qamani” (meaning “in here” or “within”). The

strategy, which will be applied for the years 2023-2028, has the main

objectives of ensuring that everyone knows where to get help and that

help is accessible. At the same time, the strategy will ensure the availability

of quality initiatives and enhanced cooperation within communities for

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prevention. Lastly, the strategy will focus on eliminating the taboo around

suicide and provide tools for talking about suicide. The preparation of the

strategy involved, inter alia, professionals, civil society organizations,

including youth focus groups.

It should also be mentioned that Greenland has a countrywide helpline

where persons in distress and at risk of suicide can call 24/7 for help in

their preferred language. The phone number of this help line is 801180

(+299 801180).

Re. paragraph 82

The Special Rapporteur expresses his concern that “a large number of

settlements do not have access to water and sanitation, which is

particularly challenging for persons with disabilities”. In principle, all

settlements in Greenland have access to water and sanitation. It is the duty

and responsibility of the municipal authorities to provide for water and

sanitation services. However, in most of the more that 50 settlements as

well as in parts of some of the 16 towns there is no piped water and flush

toilets in private homes. Ensuring piped water and sewage systems in

Greenland is extremely costly and challenging in a climate where

temperatures reach below zero Celsius for many months of the year.

Water has to be fetched at local tap-stations and the municipal services

collect and empty the portable toilets at regular intervals from the private

homes. In addition, most settlements have access to communal public

service houses with bath and laundry facilities. The Government of

Greenland is keenly aware of the continued need to ensure equal access of

services for persons with disabilities.

GRU, Alm.del - 2023-24 - Bilag 5: Rapport fra FN’s specialrapportør for oprindelige folks rettigheder om specialrapportørens besøg i Danmark og Grønland

Re. paragraph 84:

There are no clear comprehensive statistics on the number of persons with

disabilities in Greenland. Statistics published by the Ministry of Social

Affairs show that 1542 persons in 2016-2017 received support from their

municipality because of one or more disabilities, and for 2018-2019 that

figure was 1131.

A survey from 2020 shows that nearly one-fifth of the Greenlandic

population identify as having one or more disabilities.

Re. paragraph 85:

There has been legislation in place on support for persons with disabilities

since 1979. The new amended law on support for persons with disabilities

came into force in 2020.

Re. paragraph 86:

Persons with psychosocial/ mental disabilities have equal rights to support

as all other person with disabilities.

Re. paragraph 89:

In reference to the case of sexual assault mentioned, it should be noted

that prompt action was taken to investigate the case and to bring the

offender to justice and ensure compensation and rehabilitation for the

victim. Furthermore, preventive guidelines have been developed for staff

working in care homes to ensure the safety and physical and mental

integrity of persons living in care homes.

GRU, Alm.del - 2023-24 - Bilag 5: Rapport fra FN’s specialrapportør for oprindelige folks rettigheder om specialrapportørens besøg i Danmark og Grønland

Re. paragraph 90:

The Constitutional Commission of the Inatsisartut (Parliament of

Greenland) published its report containing a draft constitution for

Greenland in June of 2023. The draft constitution in its preamble, whose

first paragraph start out with the words: “Uagut, inuiaat Kalaallit” - We,

the Greenlandic people, states that Inuit is the Indigenous People of the

country. International human rights and international rule of law are

firmly embedded in the operative paragraphs of the draft constitution. The

draft constitution can be found on the following link:

https://tunngavik.gl/emner/publikationer/forfatningskommissionens-

betaenkning?sc_lang=kl-gl

The work and the report, including the draft constitution has been

submitted to Inatsisartut that will take a decision on how to further the

work in establishing a constitution for a sovereign state of Greenland. In

addition, it should be mentioned that the Government of Greenland on

26 September 2023 established (with the endorsement of Inatsisartut (the

Parliament)) a specific ministerial portfolio on “Independence”. The new

portfolio has been added to the portfolio of the Minister for Foreign

Affairs.

Re Paragraph 93

(a)

Re. the Paris Agreement: The Government of Greenland has put a

proposal to the Inatsisartut/ the Parliament on the lifting of the territorial

exemption for Greenland of the Paris Agreement. Parliament will discuss

the proposal during the autumn session of this year 2023.

GRU, Alm.del - 2023-24 - Bilag 5: Rapport fra FN’s specialrapportør for oprindelige folks rettigheder om specialrapportørens besøg i Danmark og Grønland

Re. the Aarhus convention: While Greenland is not presently a party to

the Aarhus Convention, the rights and principles reflected in the

Convention

have

already

been

incorporated

into

Greenlandic

environmental law to a significant degree. This includes access to

environmental information held by public authorities; public participation

in environmental decision-making; and access to justice, i.e., the right to

appeal environmental decisions including, but not limited to, cases where

it is alleged that access to environmental information or public

participation in decision-making has been curtailed.

It should also be noted that Greenland has previously carried out an in-

depth analysis of the legislative and administrative consequences of a full

implementation of the Aarhus Convention. Based on this analysis, it was

concluded that a full and formal implementation of the Aarhus

Convention would result in a significant and undue administrative burden

in light of the fact that Greenland is already in substantial compliance with

the Convention.

(b)

Please see comments under paragraph 6

Re. paragraph 94:

As mentioned under paragraph 91, the Government of Greenland is soon

to present to the Parliament (Inatsisartut) a draft legislation on the

prohibition of discrimination in Greenland. The draft law will cover all

grounds of discrimination and provide for a complaints body.

(c)

In Greenland, there is a general awareness of the ILO Convention no. 169

and the UN Declaration on the Rights of Indigenous Peoples. The

Government of Greenland is fully committed to the human rights

GRU, Alm.del - 2023-24 - Bilag 5: Rapport fra FN’s specialrapportør for oprindelige folks rettigheder om specialrapportørens besøg i Danmark og Grønland

standards of these two instruments. Greenland welcomes a debate on how

the standards of these instruments can be adapted to a situation where a

country like Greenland has extensive self-government with a recognized

right of self-determination as is stipulated under the Act of Self-

Government.

Re. paragraph 95

(b)

The then Minister of Health, Mimi Karlsen, sent out a press release on 12

December 2022 where she encouraged women who had received

intrauterine devices (IUDs) after 1991 without their consent to notify their

experience to the Greenlandic health authorities.

https://naalakkersuisut.gl/Nyheder/2

The notified cases are now investigated by the Greenlandic authorities and

the necessary legal initiatives taken.

Re. Paragraph 97 (a-c) and paragraph 101 (a-b):

Please see comments under paragraph 36