COMMITTEE ON THE ELIMINATION
OF RACIAL DISCRIMINATION
Fifty-first session

CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 9 OF THE CONVENTION

Concluding observations of the Committee on the
Elimination of Racial Discrimination

Denmark

 

1. At its 1220th and 1221st meetings, held on 6 and 7 August 1997, the Committee on the Elimination of Racial Discrimination considered the thirteenth periodic report of Denmark (CERD/C/319/Add.1) and adopted, at its 1230th meeting, held on 13 August 1997, the following concluding observations.

A. Introduction

2. The Committee notes with appreciation the State Party's readiness to continue the dialogue with it by sending a highly specialized delegation to present the thirteenth periodic report, which is an indication of the importance attached by the Government of Denmark to its obligations under the Convention. The Committee appreciates the frankness and the comprehensiveness of the updated report, which in general complies with the reporting guidelines and which contains detailed supplementary information in response to most of the suggestions and recommendations adopted by the Committee during its consideration of the previous periodic report. The Committee also welcomes the additional written and oral information provided by the State party's delegation, which enabled it to establish a very constructive and fruitful dialogue with the Committee.

B. Factors and difficulties impeding the implementation of the Convention

 

3. It is noted that there are no significant factors or difficulties that prevent the effective implementation of the Convention in Denmark.

C. Positive aspects

4. It is noted with appreciation that the State party has ensured a wide dissemination of its reports under the Convention in the national language, to members of the Parliament, to non-governmental organizations and to the public at large, and on the Internet, together with the concluding observations of the Committee.

5. The Committee welcomes the several positive legislative measures taken to combat ethnic discrimination, in particular on the labour market. The Act on Prohibition against Differential Treatment on the Labour Market, which came into effect on 1 July 1996, is noted with interest, as well as the "Icebreaker arrangement", which aims at providing financial assistance, under certain conditions, to enterprises of up to 250 employees which hire highly educated immigrants or refugees. Furthermore, programmes initiated in the field of placement services and vocational training courses for immigrants and refugees, to improve their entry into the labour market, are noted with interest.

6. Efforts made by the State party to facilitate the integration of refugees and immigrants, including the draft bill on integration of refugees and immigrants prepared by the Integration Committee, are noted with satisfaction.

7. Efforts made by the State party to ensure that the composition of the police service reflects that of the population by including persons of non-Danish ethnic origin are noted with satisfaction. Improvements in the human rights training of the police, designed to combat negative attitudes towards minorities and to promote good relationship with ethnic minorities, are welcomed.

8. The allocation of special funds for assistance to the operation of ethnic associations, to cultural and information activities for and about immigrants and refugees, as well as to the development of integration projects, is welcomed as a step forward in the implementation of integration policy.

9. It is noted with appreciation that Denmark has ratified the amendments to article 8, paragraph 6, of the Convention.

10. The active participation of the State party in international efforts to combat racism is welcomed.

D. Principal subjects of concern

11. The Committee regrets that the thirteenth periodic report does not provide sufficient information previously requested on the implementation of article 3 of the Convention, with particular reference to the allocation of housing and requirements to attend special schools.

12. Although the amendment of section 266 b of the Penal Code assists the more effective implementation of obligations deriving from article 4 of the Convention, two concerns remain: firstly, that prosecuting practice is focusing too much on propaganda activities while other means of disseminating racist ideas are treated as minor offences; this gives a restrictive interpretation to the provisions of this article. Secondly, the Committee expresses particular concern at the lenient attitude towards the dissemination of racist ideas over the radio. It is also noted that organizations using racist propaganda to incite racial discrimination are not declared illegal and not prohibited.

13. Concern is expressed over reports of discriminatory practices affecting residents of non-Danish ethnic or national origin, especially in respect of employment, housing and bank loans.

14. Concern is expressed that a rigid implementation of the law of 1981 on names has a discriminatory effect on residents of non-Danish ethnic or national origin.

15. The Committee notes with concern that the State party did not provide information on the implementation of article 6 of the Convention on effective protection and remedies, and on the right to seek just and adequate reparation or satisfaction.

16. Concern is also expressed over the insufficiency of the information on the relocation of seal hunters' villages in Thule in 1953 and, in particular, about the persistent long delay in resolving the compensation claim of the population of Thule, displaced from their traditional hunting grounds and places of settlement.

E. Suggestions and recommendations

 

17. The Committee recommends that the State party provide detailed information in its next periodic report on the implementation of article 3 of the Convention, in the light of the Committee's General Recommendation XIX.

18. The Committee reaffirms that the provisions of article 4 of the Convention are of a mandatory character and recommends that the State party introduce measures that fully implement this provision. It is recommended that the procedure and practice of licensing radio transmissions be reconsidered.

19. The Committee encourages the State party to transmit in its next periodic report up-to-date information concerning judgements on cases falling under article 4 of the Convention and under section 266 b of the Danish Penal Code.

20. The Committee recommends that the State party review its measures for guaranteeing, in accordance with article 5 of the Convention, the economic and social rights of residents of non-Danish ethnic or national origin with particular reference to the rights to work and to housing. The attention of the State party is drawn to the Committee's General Recommendation XI.

21. The Committee recommends that the State party include information in its next periodic report on the implementation of article 6 of the Convention. This information should also pertain to Greenland and the Faroe Islands.

22. The Committee reiterates its previous recommendation regarding information on compensation for the population of Thule, Greenland, who have been displaced from their traditional hunting grounds and places of settlement. The Committee recommends that the State party inform it of the latest developments concerning the agreement concerning assistance between the Danish authorities and the Greenland Home Rule Government.

23. The Committee recommends that the State party's next periodic report contain specific information regarding the status and implementation of the Convention in Greenland and the Faroe Islands, and address all the concerns expressed by the Committee.