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20 October 2000
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Human Rights Committee
70th session
20 October 2000
Afternoon
The Human Rights Committee this afternoon concluded its review of the fourth periodic report of Denmark on how that country was implementing the provisions of the International Covenant on Civil and Political Rights.
At the end of the meeting, Committee Chairperson Cecilia Medina Quiroga said that Denmark was known for its human rights records and that its intention to incorporate the Covenant into its national legislation was a welcome step.
Formal, written concluding observations and recommendations will be issued by the Committee on the report of Denmark towards the end of the current three-week session which will conclude on 3 November.
Denmark is among the 148 States party to the Covenant and as such it is obligated to periodically submit reports to the Committee on summaries of administrative and legislative measures taken by the Government to comply with the terms of the treaty.
A-nine member Danish delegation, led by Ambassador Tyge Lehmann of the Danish Ministry of Foreign Affairs, was on hand throughout the day to present the report and to answer questions raised by Committee members.
Towards the end of its afternoon meeting, the Committee briefly held a private session to discuss communications.
When the Committee reconvenes at 10 a.m. on Monday, 23 October, it will meet in private in the morning and will take up the fourth periodic report of Peru in the afternoon at 3 p.m.
Discussion
At the beginning of the afternoon meeting, Committee experts queried the Danish officials on a series of issues. The experts asked, among other things, about discrimination against musicians. An expert asked why censorship was exercised on the work of musicians, adding he did not see why they were considered differently from other categories of artists. That situation was a matter of concern for the Committee because it violated the freedom of expression of musicians.
Another expert was of the view that the use of DNA testing in respect of claims to family reunification was biased for the reason that those who refused to accept such testing would be refused to enter the country.
Several experts expressed concern that non-incorporation of the provisions of the Covenant into domestic law would hamper their full implementation, and in some cases, national legislation overrided international treaties to which Denmark was a party.
In response to questions raised by the experts, the delegation said that home rule for Greenland was being strengthened with the assertion of sovereignty in hunting and fishing, in addition to financial management. Since 1979, the home rule had been functioning and a commission had been set up to consider the transfer of judicial power to Greenland.
An alternative prison system had been developed, the delegation said. Prisoners could be placed in institutions and centres where they received every assistance until they completed their terms of incarceration. In addition, the Government provided legal assistance to convicted persons and they could be dispensed of judicial costs.
The use of dogs as a method of crowd control was ruled by the conditions prescribed by the police chief, the delegation said. They were also used as a preventive force without excessive use of force or endangering the physical integrity of individuals. Until August 1997, the use of police dogs as a means of force was only governed by the general principles of the lawful use of force by the police. The national police commissioner had already issued a circular to the police together with a new set of rules on the use of police dogs as a means of force.
A question was raised on the issue of trafficking in women to which the delegation said the Government was aware of the situation and steps had been taken to deter such activities. Further efforts had been enhanced to increase police vigilance in that matter and to apprehend those committing the crime of trafficking in women.
The practice of abortion was decreasing. It had gone down from 18,833 cases in 1992 to 16,000 in 1998, the delegation said. In 1975, the number of abortions had reached 22,884 and the Government had been prompted to take measures to bring down the rising indicative curve. The large number of abortions was attributed to the lack of using preservative methods or failure of the method. The Danish parliament was discussing the issue and an action programme would be implemented to decrease the number of abortions.
Asylum seekers could be allowed to stay in Denmark if they fulfilled the conditions required under the law on immigration and aliens' act, the delegation said. Any person applying for asylum could receive fair treatment and his or her requests would be processed by Government agents. In the event of rejection of their cases, they could appeal to the independent board dealing with such issues.
The delegation said that relocation of refugees to municipalities did not hamper their right to freedom of movement, but moving from one municipality to another might entail a loss of allowance which was provided by the former municipality. For a question of convenience, refugees had to live in the municipalities where they were assigned to.
The DNA testing was to determine the family ties in the process of reunification, the delegation said. Without the DNA examination by the immigration authorities, family members living abroad could not join their families in Denmark. Following a positive DNA testing, the authorities could issue a residence permit to the incoming member of the family.
The principle of non-refoulement was respected excepted in cases which had no ground for such a measure, the delegation said. In the event of refoulement, the police was charged to execute the measure and ensure that the individual left the country. Asylum seekers who had been subjected to torture or other cruel treatment were not susceptible to refoulement. Also, attention was paid in cases of expulsion not to send a person to his country of origin or where he or she risked torture.
At the end of the discussion, Committee Chairperson Cecilia Medina Quiroga congratulated the delegation for the quality of the report and the responses it had provided.
She said that the incorporation of the Covenant into domestic law would enrich Danish legislation. Denmark had a good record of human rights, and the incorporation of the Covenant would be a further enjoyment of the rights enshrined in it. The Committee was pleased that the Government was contemplating to incorporate the Covenant into its domestic legislation.
Mrs. Quiroga said the concluding observations on the report of Denmark would be examined in private and would be transmitted to the Government at the end of the session.
* *** *
70th session
20 October 2000
Afternoon
The Human Rights Committee this afternoon concluded its review of the fourth periodic report of Denmark on how that country was implementing the provisions of the International Covenant on Civil and Political Rights.
At the end of the meeting, Committee Chairperson Cecilia Medina Quiroga said that Denmark was known for its human rights records and that its intention to incorporate the Covenant into its national legislation was a welcome step.
Formal, written concluding observations and recommendations will be issued by the Committee on the report of Denmark towards the end of the current three-week session which will conclude on 3 November.
Denmark is among the 148 States party to the Covenant and as such it is obligated to periodically submit reports to the Committee on summaries of administrative and legislative measures taken by the Government to comply with the terms of the treaty.
A-nine member Danish delegation, led by Ambassador Tyge Lehmann of the Danish Ministry of Foreign Affairs, was on hand throughout the day to present the report and to answer questions raised by Committee members.
Towards the end of its afternoon meeting, the Committee briefly held a private session to discuss communications.
When the Committee reconvenes at 10 a.m. on Monday, 23 October, it will meet in private in the morning and will take up the fourth periodic report of Peru in the afternoon at 3 p.m.
Discussion
At the beginning of the afternoon meeting, Committee experts queried the Danish officials on a series of issues. The experts asked, among other things, about discrimination against musicians. An expert asked why censorship was exercised on the work of musicians, adding he did not see why they were considered differently from other categories of artists. That situation was a matter of concern for the Committee because it violated the freedom of expression of musicians.
Another expert was of the view that the use of DNA testing in respect of claims to family reunification was biased for the reason that those who refused to accept such testing would be refused to enter the country.
Several experts expressed concern that non-incorporation of the provisions of the Covenant into domestic law would hamper their full implementation, and in some cases, national legislation overrided international treaties to which Denmark was a party.
In response to questions raised by the experts, the delegation said that home rule for Greenland was being strengthened with the assertion of sovereignty in hunting and fishing, in addition to financial management. Since 1979, the home rule had been functioning and a commission had been set up to consider the transfer of judicial power to Greenland.
An alternative prison system had been developed, the delegation said. Prisoners could be placed in institutions and centres where they received every assistance until they completed their terms of incarceration. In addition, the Government provided legal assistance to convicted persons and they could be dispensed of judicial costs.
The use of dogs as a method of crowd control was ruled by the conditions prescribed by the police chief, the delegation said. They were also used as a preventive force without excessive use of force or endangering the physical integrity of individuals. Until August 1997, the use of police dogs as a means of force was only governed by the general principles of the lawful use of force by the police. The national police commissioner had already issued a circular to the police together with a new set of rules on the use of police dogs as a means of force.
A question was raised on the issue of trafficking in women to which the delegation said the Government was aware of the situation and steps had been taken to deter such activities. Further efforts had been enhanced to increase police vigilance in that matter and to apprehend those committing the crime of trafficking in women.
The practice of abortion was decreasing. It had gone down from 18,833 cases in 1992 to 16,000 in 1998, the delegation said. In 1975, the number of abortions had reached 22,884 and the Government had been prompted to take measures to bring down the rising indicative curve. The large number of abortions was attributed to the lack of using preservative methods or failure of the method. The Danish parliament was discussing the issue and an action programme would be implemented to decrease the number of abortions.
Asylum seekers could be allowed to stay in Denmark if they fulfilled the conditions required under the law on immigration and aliens' act, the delegation said. Any person applying for asylum could receive fair treatment and his or her requests would be processed by Government agents. In the event of rejection of their cases, they could appeal to the independent board dealing with such issues.
The delegation said that relocation of refugees to municipalities did not hamper their right to freedom of movement, but moving from one municipality to another might entail a loss of allowance which was provided by the former municipality. For a question of convenience, refugees had to live in the municipalities where they were assigned to.
The DNA testing was to determine the family ties in the process of reunification, the delegation said. Without the DNA examination by the immigration authorities, family members living abroad could not join their families in Denmark. Following a positive DNA testing, the authorities could issue a residence permit to the incoming member of the family.
The principle of non-refoulement was respected excepted in cases which had no ground for such a measure, the delegation said. In the event of refoulement, the police was charged to execute the measure and ensure that the individual left the country. Asylum seekers who had been subjected to torture or other cruel treatment were not susceptible to refoulement. Also, attention was paid in cases of expulsion not to send a person to his country of origin or where he or she risked torture.
At the end of the discussion, Committee Chairperson Cecilia Medina Quiroga congratulated the delegation for the quality of the report and the responses it had provided.
She said that the incorporation of the Covenant into domestic law would enrich Danish legislation. Denmark had a good record of human rights, and the incorporation of the Covenant would be a further enjoyment of the rights enshrined in it. The Committee was pleased that the Government was contemplating to incorporate the Covenant into its domestic legislation.
Mrs. Quiroga said the concluding observations on the report of Denmark would be examined in private and would be transmitted to the Government at the end of the session.
* *** *