DENMARK PRESENTS REPORT TO ECONOMIC, SOCIAL AND CULTURAL RIGHTS COMMITTEE

MORNING
HR/ESC/99/12
3 May 1999



The Committee on Economic, Social and Cultural Rights this morning started its consideration of the third periodic report of Denmark with a Government official saying that his country had contributed $ 1.8 billion to development in poor countries in 1997.

Tyge Lehmann, of the Ministry of Foreign Affairs of Denmark and head of the delegation, said that succeeding Danish governments had been giving high priority to fulfilling the economic, social and cultural needs of the Danish population. More than 50 per cent of the national budget was currently being devoted towards those ends, he added. At the same time, Denmark’s development assistance represented one per cent of the country's Gross National Product. This was the highest ratio of any donor country and was well above the United Nations target of 0.7 per cent.

In the course of their consideration of the report, Committee members queried the Danish delegation on such issues as the status of the International Covenant on Economic, Social and Cultural Rights and its dissemination; the participation of non-governmental organizations in the preparation of the current report; the situation of refugees; unemployment among migrants; and the Government's position on the Faroe Islands, among other things.

The Danish delegation also included Jakob Moller Lyberth, head of Department at the Greenland Home Rule; Erling Brandstrup, deputy head of Division at the Ministry of Interior; Aase Mikkelsen, head of Section at the Ministry of Foreign Affairs; Christina Toftegaard Nielsen, head of Section at the Ministry of Justice; Elizabeth Rasmussen, head of Section at the Ministry of Labour; Bo Hammer, head of Section at the Ministry of Labour; Anne Ellegaard-Jorgensen, head of Section at the Ministry of Education; and Eva Grambye, First Secretary at the Permanent Mission of Denmark to the United Nations Office at Geneva.

As one of 139 State parties to the Covenant, Denmark must provide periodic reports to the Committee on measures undertaken to implement the provisions of the treaty.

When the Committee reconvenes at 3 p.m., it will continue its consideration of the Danish report.

Report of Denmark

The third periodic report of Denmark (document E/1994/104/Add.15) reviews the efforts of the Government to give effect to the International Covenant on Economic, Social and Cultural Rights on an article-by-article basis. The report says that a commission on home rule in Greenland composed of Greenland and Danish politicians was established by the Danish Government to realize the right to self-determination of that region. In addition, a large majority of the population of Greenland had approved the self-rule in a referandum and it had become effective.

Further, the report gives detailed information on such rights as the right to work, just and favourable conditions of work, trade unions, social security, the family, mothers and children and the right to an adequate standard of living, among other things. On the issue of the right of housing, the report says that there is no Danish law laying down the right to housing; the actual implementation of the right to housing is primary covered by social assistance schemes.

The report states that the high standard of living translates into the fact that there are virtually no groups that cannot buy enough food owing solely to economic reasons. The reform affirms that no one dies from starvation in Denmark today. Nevertheless, there are people who are hungry to a greater or lesser degree and do not enjoy a diet containing all essential nutrients. The report says that no official poverty line exists in Denmark; surveys on the less fortunate part of the population have been conducted, but only 2 per cent of the Danish population affirmatively responded to be poor.

Introduction of Report

TYGE LEHMANN, of the Ministry of Foreign Affairs of Denmark, introducing his country's third periodic report, said that it had been easier for the Danes than for many other peoples of the world to develop a relatively stable democratic nation. Denmark was a very homogenous country of some five million inhabitants who shared a common history for more than 1,000 years.

Succeeding Danish governments had been giving high priority to fulfilling the economic, social and cultural needs of the Danish population, Mr. Lehmann went on to state. More than 50 per cent of the national budget was currently being devoted towards those ends, he added.

Mr. Lehmann said that in building their own society, the Danish people had not stood aloof from the problems of other nations, in particular the developing countries. In 1997, Denmark's development assistance had amounted to $ 1.8 billion, representing one per cent of the country's Gross National Product (GDP). That was the highest ratio of any donor country and well above the United Nations target of 0.7 per cent. It reflected a genuine sense of solidarity between the Danish people and the less privileged nations of the world. The reduction of poverty was the prime goal of Denmark's development cooperation policy, he added.

Turning to the internal situation, the Danish Ambassador said that one of the major challenges facing the labour market over the next 3 to 5 years was to ensure an ample supply of labour opportunities. It had become difficult to meet that challenge as the demographic development no longer contributed to the growth of the labour force. The number of young persons up to the year 2005 would be reduced substantially, while the number of elderly persons in the labour force would continue to grow.

Another important challenge at present and in the near future was the ability to offer to refugees and immigrants in Denmark the opportunity to become part of the Danish society on an equal footing with Danish nationals.

Discussion

Committee members raised numerous questions on such issues as the status of the Covenant and its dissemination; the participation of non-governmental organizations in the preparation of the current report; the situation of refugees; unemployment among migrants; and the Government's position on the Faroe Islands, among other things.

A question was raised about the effect of the incorporation of the Covenant within the dualistic legal system of Denmark. An expert asked if the provisions of the Covenant were invoked in courts, administration or other relevant legal proceedings. Another expert queried the delegation about the measures undertaken to avert the rise of racial sentiments which were threatening some migrants. The expert added that some migrants with permanent residence permits had the fear that their documents would be withdrawn due to racial discrimination.

In response to the oral questions raised by the experts during the morning meeting and written questions prepared by Committee members in advance, the Danish delegation said that the Covenant was not incorporated in the Danish legal system and that it was the Government's view that an incorporation of the Covenant would not offer a better legal protection of the individual. At present, the Covenant was applicable and could be invoked in Danish courts and by administrative authorities.

A question was asked about the Danish Government's position regarding the recommendations of the World Conference on Human Rights on the elaboration of an optional protocol to the Covenant. The delegation said that due to the nature of the rights contained in the Covenant, it remained an open question if an individual complaints procedure would truly serve the purpose of assisting the effective implementation of the Covenant. The Government had not yet taken a final decision and would discuss the issue in the relevant United Nations bodies.

The Danish officials said that non-governmental organizations (NGOs) were not involved in the drafting of the report. Any reports of either the Covenant or other human instruments contained the Government's account of the implementation of the treaties discharging its responsibilities as a signatory State. The reports were, however, made publicly available when submitted to the treaty bodies, and NGOs were encouraged to comment upon them.

An expert, referring to the Danish legalization of the practice of prostitution, said that General Assembly resolution of 1949 had defined prostitution and its accompanying evils to be incompatible with the dignity and worth of the human person. The expert asked if the Danish delegation was aware of that instrument when it legalized prostitution.

A number of the Committee's experts also put additional questions on such issues as the rise of unemployment among migrants and indigenous peoples; the conditions and manners under which Danish nationality was obtained; the persistence of discrimination against women despite their high quality of education, particularly concerning employment; the situation of foreign sailors serving on Danish cargo ships; and on the role of the State in collective bargaining and minimum wage, among other things.

Concerning minimum-wage, the delegation said that Denmark did not have any legislation in the field of fixing minimum wages and that did not cause any conflict with the labour activities. It was up to the social partners, either nationally or regionally, to handle the question of wage determination through collective bargaining.