COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION STARTS CONSIDERATION OF FIFTEENTH REPORT OF DENMARK

CERD
60th session
12 March 2002
Afternoon



Briefly Reviews Situation in Turkmenistan;
Continues to Adopt Conclusions on Report of Lithuania


The Committee on the Elimination of Racial Discrimination this afternoon started its consideration of a fifteenth periodic report of Denmark by hearing a Government delegation say that a radio station that had manifested racial hatred had been temporarily closed.

While introducing his country's report, Tyge Lehmann, Ambassador at the Ministry of Foreign Affairs of Denmark, said that the local "Radio Oasen", which the Committee had referred to several times with concern, had been closed for the time being in connection with having a hate and racist attitude. He said that a transcript of a tape of one of the programmes had shown a hateful and racist attitude to various minorities that could not be considered as part of a political debate.

Patricia Nozipho January-Bardill, the Committee Expert who served as country rapporteur to the report of Denmark, said that it had been the belief of the Committee that Denmark was one of the States parties that had an excellent track record at setting up and funding anti-discrimination organizations. However, the Committee was rather disappointed to hear of a new development that had effectively closed down some of those institutions because the State had withdrawn its support. Affected bodies included the Documentation and Advisory Centre on Racial Discrimination and the Board of Ethnic Equality.

Other Committee members also raised a number of issues pertaining to difficulties for Muslims to obtain their own burial places and the shortage of Mosques despite the high number of Muslims in the country; the issue of integration; cases of hate and racial incitement by Radio Oasen, which was owned by neo-nazis; and the situation of the indigenous people in Greenland, among other things.

Taking part in the discussion were Committee Experts Regis de Gouttes, Luis Valencia Rodriguez, Kurt Herndl, Marc Boussuyt, Patrick Thornberry, Linos Alexander Sicilianos, Yuri A. Reshetov, Mahmoud Aboul-Nasr, Raghavan Vasudevan Pillai, Mario Jorge Yutzis, Nourredine Amir, Tang Chengyuan and Agha Shahi.

The Danish delegation is also composed of Martin Isenbecker, Special Advisor, and Frederik Gammeltoft, Head of Section, Ministry for Integration; Peter Hindsberger, Head of Section at the Ministry of Justice; Dorthe Eltard, Special Advisor, Trine Hougaard, Head of Section, and Muzeyyen Boztropak, Head of Section, Ministry of Labour; and Eva Grambye and Le Lise Ravn from the Permanent Mission of Denmark in Geneva.

As one of the 161 States parties to the Convention on the Elimination of All Forms of Racial Discrimination, Denmark must provide the Committee with periodic reports on how it is implementing the provisions of the treaty.

Also this afternoon the Committee heard a brief review of the situation in Turkmenistan by Francois Lonseny Fall, who served as country rapporteur to the situation in that State party.

The Committee also continued adopting conclusions on the report of Lithuania, recommending that the State party ensure the enjoyment of social rights, particularly housing and health, to all asylum-seekers and refugees in need without regard to their legal status.

When the Committee reconvenes at 10 a.m., it will continue its consideration of the report of Denmark.


Concluding Observations and Recommendations on Report of Lithuania

Concern was expressed by the Committee about the denial of citizenship for persons affected by HIV/AIDS, who might belong to groups vulnerable to racism, racial discrimination, xenophobia and related intolerance. The Committee was further concerned about xenophobic tendencies towards Chechen asylum-seekers and refugees, and requested the State party to take preventive and educational measures in that regard; it recommended that the State party ensure the enjoyment of social rights, particularly housing and health, to all asylum-seekers and refugees in need without regard to their legal status. It was also concerned about information relating to expressions of racial hate by politicians and by the media.


Report of Denmark

The fifteenth periodic report of Denmark, contained in document CERD/C/408/Add.1, reviews the legislative and administrative measures undertaken by the State party in its efforts to implement the provisions of the Convention. It says that the Danish Parliament has adopted the Act of Integration of Aliens in Denmark, which contains a comprehensive set of rules on integration; an action plan has been designed by the Government; and a committee has been created to ensure ongoing coordination of the integration efforts in the country and follow-up of the 78 specific initiatives of the action plan for improved integration.

The report says that the Danish Act on Prohibition against Discrimination on the basis of race prohibits discrimination in connection with commercial or non-profit business on the basis of a person's race, colour, national or ethnic origin, religion or sexual orientation. Since the submission of the fourteenth periodic report, five criminal cases of violations of the Act have been prosecuted.

It is noted that a large and growing proportion of immigrants and their descendants from third countries live in non-profit housing. This proportion has increased from 47 per cent in 1990 to 60 per cent in 2000. In 1998, 71 per cent of all refugees lived in non-profit housing. The regional distribution of refugees more or less corresponds to that of the total population.

The report notes that four cases of ethnic discrimination in the labour market have been dealt with recently. One case was about the wearing of religious headscarves by trainees in a department store. The case was decided in a way that the expulsion of a trainee wishing to wear a scarf due to her religious belief was regarded as an act of indirect discrimination.


Introduction of Report

TYGE LEHMANN, Ambassador at the Ministry of Foreign Affairs of Denmark, said that the Committee that was set up by the Minister of Justice had recommended the incorporation of the Convention into the Danish domestic law. It was too early, however, to say when a bill would be presented to Parliament.

Mr. Lehmann announced that the local "Radio Oasen", to which the Committee had referred to several times with concern, had been closed for the time being in connection with having a hate and racist attitude. A transcript of a tape of one of the programmes had shown a hateful and racist attitude to various minorities that could not be considered as part of a political debate. The National Radio and TV Board had found that, irrespective of the facts that the violation in question should be considered as very serious, the withdrawal of the licence should be limited to a period of three months. In case of further violations of the rules, the licence could be withdrawn.

Mr. Lehman also said that the Government had financed a special brochure published by a Danish non-governmental organization on the right to lodge individual communications under article 14 of the Convention.


Consideration of Report

PATRICIA NOZIPHO JANUARY-BARDILL, the Committee Expert who acted as country rapporteur to the report of Denmark, said that the Committee commended the Government for adopting the Act of Integration of Aliens in Denmark in June 1998 and its coming into force in January 1999. The Committee also applauded all steps taken to implement that law. The Committee was also pleased that integration efforts were being monitored and evaluated.

However, there were a few concerns with respect to the implementation of article 2 of the Convention, Ms. January-Bardill went on to state. The Committee had expressed concern that the issue of integration had been transferred from central to local authorities. It cautioned against violations of rights and underlined the need for close monitoring of authorities with such responsibilities. While some improvements had been made, the Committee was concerned that the new dispensations had introduced new laws that would reverse some of the initiatives to abolish discrimination.

Ms. January-Bardill, referring to article 2 (1) (a) of the Convention, which prohibited discrimination on grounds of race, colour, national or ethnic origin, asked how the State party explained the abolition of the concept of de facto refugees that would allow only those refugees under the protection of international conventions to be allowed to live in Denmark; could the
State party also explain the rationale for changing the permanent residency rules and making it necessary for a person to have been in the country for seven years before being issued a permanent residence, instead of the previous requirement of three years?

Similarly, Denmark had tightened the marriage act, Ms. January-Bardill said, adding that both parties now had to be lawful residents in Denmark; that situation would preclude asylum seekers from getting married in Denmark. In addition, the Family Reunification Law removed the statutory right for those who were under 24 and over 18 to be reunited with their families.

Ms. January-Bardill said that it had been the belief of the Committee that Denmark was one of the States parties that had an excellent track record at setting up and funding anti-discrimination organizations. However, the Committee was rather disappointed to hear of a new development that had effectively closed down some of those institutions because State support had been withdrawn. Bodies affected included the Documentation and Advisory Centre on Racial Discrimination and the Board of Ethnic Equality. Similarly, there was an additional sense that many other NGOs working with immigration and ethnic minorities against racial discrimination would have their funds cut in the new budget. That development was contrary to the final document of the World Conference against Racism which encouraged States to finance and strengthen organizations working against racism and racial discrimination.

Ms. January-Bardill said that an NGO had reported that the number of attacks on Muslims since the 11 September events had increased alarmingly. She said that the Danish Government should be particularly diligent in monitoring and addressing hate speech, vandalism, arson, unrest and physical attacks.

She also said that unemployment among immigrants and refugees was still rife despite the fact that the Government had scrutinized employment obstacles in the public service and had looked into improving recruitment and selection processes. There was, however, little information on the private sector and what steps had been taken to monitor access to employment for minorities and refugees.

Other Committee members also raised a number of issues pertaining to racially motivated denial of access to discotheques; difficulties for Muslims to obtain their own burial places and the shortage of Mosques despite the high number of Muslims in the country; the issue of integration; cases of hate and racial incitement by Radio Oasen, which was owned by neo-nazis; the rise in the number of complaints against police actions; and the situation of indigenous people in Greenland, among other things.

An Expert stressed that in Denmark, even before the 11 September attacks, hatred against Muslims and Arab nationals by some people had been documented by many organizations. The situation of those groups had deteriorated after 11 September. He asked why Muslims could not have burial places and why they were denied worship places -- Mosques. What was going on in Europe was not against terrorism but against Arabs and Muslims, the Expert said.

In a brief response to some of the questions, the Danish delegation said that because of the home-rule provision extended to Greenland, a delegation from Greenland was not incorporated with the Danish delegation. With regard to the issue of the draft act on integration, the Government could not speculate on the outcome of the Parliament=s deliberations.


Review of Situation in Turkmenistan

FRANCOIS LONSENY FALL, the Committee Expert who served as country rapporteur to the situation of Turkmenistan, said that no information had been provided by the State party on how that country was complying with the provisions of the Convention. He said that the Special Rapporteurs appointed by the Commission on Human Rights had not received replies to their communications to the Government of that country. According to the non-governmental organization Human Rights Watch, restrictions were being exerted against Russian minorities in Turkmenistan, the right to religious freedom and thought had been suppressed, and the right to the freedom of movement was also restricted despite the guarantee for it in the Constitution.

Mr. Fall suggested that the Committee remind the State party of its obligations to report to the Committee. The Committee should advise Turkmenistan to avail itself of the technical assistance provided by the Office of the High Commissioner for Human Rights. The Committee should also advise the State to cooperate with international institutions. The Committee should adopt conclusions on the situation in Turkmenistan similar to the ones adopted on the situation in Liberia.




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