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09 March 2000

Morning
9 March 2000

A Danish Government delegation told the Committee on the Elimination of Racial Discrimination this morning that freedom of expression was the corner-stone of Danish society and that freedom was enjoyed by everyone, even "Radio Oasen" which was run by a neo-Nazi association and whose broadcasts might disturb others.

The remark was made by the delegation of Denmark while responding to questions raised by Committee members.

Mario Jorge Yutsis, the Committee expert who served as country rapporteur to the report of Denmark, said that he found the responses of the delegation very interesting. He said that perpetrators of racist acts had neo-Nazi links, particularly with the so-called pan-Nordic organizations. The social symptoms of the proliferation of racial attitudes should be traced and dealt with by the Danish authorities, he added.

After hearing the responses by the delegation of Denmark and remarks by its experts, the Committee concluded its consideration of the report on that country’s efforts to implement the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination.

The Committee will issue its written conclusions on the report of Denmark towards the end of its current three-week session, which will end on 24 March.

The Danish delegation was composed of representatives from the Ministry of Foreign Affairs; the Permanent Mission of Denmark; the Ministry of Finance; the Ministry of Interior; the Ministry of Justice; the Ministry of Labour; and the Greenland Home Rule Government.

Participating in the discussion were Committee experts Mario Jorge Yutsis, Carlos Lechuga Hevia, Raghavan Vasudevan Pillai, Marc Bussuyt, Agha Shahi, Patricia Nozipho January-Bardill, Regis de Gouttes, Luis Valencia Rodriguez, Michael Parker Banton and Mahmoud Aboul-Nasr.

As one of the 155 States parties to the Convention, Denmark is obligated to present periodic reports to the Committee on measures taken by Government officials to put the treaty into effect.

Also this morning the Committee started a discussion on two proposals presented to it by one of its members on "the lesser forms of racial discrimination" and "remedies for victims of racial discrimination".

When the Committee reconvenes at 3 p.m., it will take up the report of Malta.

Discussion

At the beginning of the meeting, supplementary questions were raised by Committee members. An expert wondered why "Radio Oasen", a neo-Nazi radio station which continued to disseminate racist ideas, was allowed to operate with the Government’s financial support. The expert said this was in violation of article 4 of the Convention which required States parties to condemn all propaganda and all organizations which were based on ideas of racial superiority.

Political statements with racist ideas which were made by some politicians against non-nationals was seen by some experts as reflecting racist attitudes. Another expert said that a journalist who criticised the racist statement of one politician was fined for his criticism. Some experts observed that in some cases, it seemed that some Danish authorities encouraged racist authorities.

Non-Danish nationals were not allowed to get loans from banks on the suspicion that they would use it for money-laundering, an expert said. Another expert asked about the status of the Convention within the Danish domestic legislation.

Referring to nine cases of racist violations brought to Danish courts, an expert observed that all the sentences handed down against persons indicted of racist attitudes were light; he suggested that they should be severe in order to avoid their repetition.

Responding to the number of questions raised yesterday and this morning, the members of the Danish delegation said that Committee experts highlighted some negative statements made by some Danish politicians. The positive statements, which were constructive and favourable to racial co-existence, were left aside.

Freedom of expression was the corner-stone of Danish society and that freedom was enjoyed by everyone, even "Radio Oasen" which was run by a neo-Nazi association and whose broadcasts might disturb others. But that was an expression of freedom; and after all, "what is in a name?", the delegation added.

The Danish Government was of the opinion that comprehensive statistics were a decisive tool in monitoring the situation of ethnic minorities in the labour market, the delegation said. The Government had developed a mechanism to indicate age, gender and ethnic backgrounds in the business sectors and geographical distribution. In addition, the Government had decided to establish special units in the public employment service in order to strengthen job placements of ethnic minorities.

In application of the prohibition of differential treatment on the labour market, no employer was allowed to require qualifications which went beyond those required in order to perform the job.

Housing for newly arrived refugees was a special problem which was different from housing of immigrants who came for reunification with families which already had houses, the delegation said. The objective of the Integration Act was to ensure that all municipalities shared the responsibilities for receiving and providing those persons with housing.

The delegation said that since the report was submitted, a court sentence had inflicted fines against some Danish nationals who entertained racist attitudes on the Internet or verbally. A 53-year-old Danish national was sentenced to 20 "day-fines" of 100 Danish Krona for having made accusations on an Internet homepage against ethnic groups.

Responding to a question on the status of the Convention under Danish legislation, the delegation said that the Convention was a relevant source of law and that provisions of human rights conventions were applicable before Danish courts and administrative authorities. According to the rule of interpretation, domestic law had to be interpreted to the extent possible in such a manner that they are in accord with international obligations.

MARIO JORGE YUTSIS, the Committee expert who served as country rapporteur to the report of Denmark, said that he found the responses of the delegation very interesting. He said that perpetrators of racist acts had neo-Nazi links, particularly with the so-called pan-Nordic organizations.

The right to work, to free choice of employment, to just and favourable conditions of work, to protection against unemployment, to equal pay for equal work, and to just and favourable remuneration, which were incorporated in article 5 of the Convention, had to be observed by the Government of Denmark, Mr. Yutsis stressed. Prohibition of differential treatment with regard to Danes and non-nationals should be observed. What was the appeal mechanism in cases of violation of equal treatment in employment, he asked.

Mr. Yutsis recalled that in December 1997, a law on foreigners had been passed reducing financial support by 20 per cent. He said, in his opinion, the reduction was a negative signal to the Government's desire to integrate refugees and immigrants.

The social symptoms of the proliferation of racial attitudes should be traced and dealt with by the Danish authorities, Mr. Yutsis said. "A doctor should decide that a swollen finger was a sign of a symptom of another illness in the body," he said, adding that a racist incident should not be seen in isolation.


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