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Retsudvalget REU Alm Retsudvalget REU alm. del - Bilag 516 Offentligt ARTICLE 1 I. GENERAL OBSERVATIONS This is the fifth periodic report submitted by Denmark in pursuance of article 40 of the International Covenant on Civil and Political rights. The report is drawn up in accordance with the consolidated guidelines for State reports under the Covenant, doc. CCPR/C/66/GUI/Rev.2. It deals with changes in legislation and administrative practise etc. relating to the material provisions of the Covenant since the submission of Denmark’s fourth periodic report, doc. CCPR/C/DNK/99/4, in December 1998. The report should be read in continuation of Denmark’s fourth periodic report to which reference is also made regarding issues where no significant developments have taken place. Reference is also made to Denmark’s periodic reports to other UN treaty bodies where relevant as well as to the general de- scription in the Core Document on Denmark, HRI/CORE/1/Add.58. The report has been compiled and edited by the Ministry of Foreign Affairs on the basis of contribu- tions from the relevant ministries and agencies of the Government of Denmark. Separate annexes are appended regarding implementation of the Covenant in Greenland and the Faeroe islands respectively. They have been drafted in cooperation with the Home Rule Governments. For further information on Danish legislation against terrorism, please refer to Denmark’s reporting to the Counter Terrorism Committee. II. INFORMATION RELATING TO SPECIFIC PROVISIONS OF THE COVENANT Article 1 THE GREENLAND HOME RULE ARRANGEMENT Greenland is a geographically separate and well-defined part of the Danish Realm covering an area of 2,175,600 square kilometers. As of 1 January 2006, the total population of Greenland amounted to 1 56,901 of whom 50,397 or 89% were born in Greenland and 6,504 were born outside Greenland. Ac- cording to Statistics Greenland, 6,030 of the persons born outside Greenland were born in Denmark. January 2006 figures show that 13,130 born in Greenland lived in other parts of the Realm. The popu- lation of Greenland is almost exclusively made up of an indigenous people with a language and culture distinct from the Danish. The Greenland Home Rule Arrangement was established by Act no. 577 of 29 November 1978 relating to Greenland Home Rule. Before the Home Rule Act entered into force on 1 May 1979, a consultative referen- dum on it was held in Greenland on 17 January 1979. Of the votes cast, 70.1% were for and 25.8% against the introduction of Home Rule. In pursuance of Section 1 of the Act, Greenland is a separate community within the Kingdom of Denmark. At the request of the public authorities of Greenland, Denmark in 1997 ratified ILO Convention No. 169 con- cerning Indigenous and Tribal Peoples in Independent Countries. This Convention applies to the indigenous people of Greenland. By ratifying the Convention the Danish Government declared that the Home Rule Act for Greenland fulfils the obligations of the Convention. Together with the Danish Constitutional Act, the Home Rule Act of 1978, which is based on an assumption that national solidarity would be maintained, defines Greenland's constitutional position in the Kingdom of Denmark. In pursuance of the Danish Constitutional Act, two Members of the Danish Parliament (Folketinget) are elected in Greenland. The Home Rule authorities in Greenland consist of an elected assembly, the Greenland Parliament (Landstinget), and an administration run by the Greenland Home Rule Government (henceforth the Government of Greenland) (Landsstyret). The Home Rule Act does not contain any precise rules on the composition of these bodies. It leaves it to the Government of Greenland itself to adopt the relevant provisions. The Home Rule Act recognizes the Greenlandic language as the principal language. The Danish language must also be taught thoroughly. Both languages may be used in public affairs. In 1985 a sepa- rate Greenland flag was recognized by an Act. 2 Possibilities for the Transfer of Power to the public authorities of Greenland and Subsidy Fi- nancing The Home Rule Act’s schedule of fields of affairs that may be taken over by the public authorities of Greenland has now been almost exhausted. The transfer of the health service in 1992 was the last major transfer of a field of affairs. However, there are still sub-fields within the broad definitions of fields in the schedule to the Home Rule Act, which may be transferable, for example working envi- ronment legislation. The Home Rule Act is based on the principle that legislative power and the power to make appropriations must go hand in hand, but also with possibilities for taking over fields of affairs, partly for own financing and partly with State subsidy financing. When fields of affairs are taken over with a State subsidy (in pursuance of Section 5 of the Home Rule Act), the subsidy is fixed by negotiation between the Danish Government and the Government of Greenland and on the basis of the expenses defrayed by the State for the tasks in question. The takeovers are based on Acts passed by the Danish Parliament, which define the overall framework for the field in question. Under these framework Acts, the Greenland public authorities have the regulatory and administrative power in these fields. In these fields financed by subsidies, the Danish public authorities retain overall responsibility and the Minister is responsible for ensuring that the Greenland public authorities observes the frameworks established in the concrete Enabling Act. On the other hand, the Minister's responsibility goes no further than this. The annual block subsidies are paid as one subsidy to co-finance the fields taken over under Section 5 of the Home Rule Act. Within the framework of the Enabling Act by which a field of affairs is transferred to the public authorities of Greenland, the Greenland public authorities thus have considerable freedom to prioritize their tasks as they wish. When fields of affairs are taken over without a State subsidy (in pursuance of Section 4 of the Home Rule Act), this is based on the Greenland public authorities' decision to that effect. In these fields, the Greenland public authorities take over legislative responsibility and the administrative powers, while also taking over the expenses associated with the field of affairs (self-financing). The power to make appropria- 3 tions has passed to the Greenland public authorities and there is, therefore, no Danish ministerial responsibility in these fields. In connection with the implementation of the Home Rule Act, it was also assumed that fields other than those stated in the schedule to the Home Rule Act could be transferred to the Greenland public authorities following agreement between the Danish public authorities and the Government of Greenland if future developments made this relevant. The Act (Section 7) thus allows the Danish public authorities, after negotiation and with the consent of the Government of Greenland, to decide by means of an Act that fields of affairs that are not stated in the schedule are to be transferred. The provision also explicitly states that a decision on which fields of affairs may be transferred by means of an Act "must be made out of consideration for national unity and ensuring that the Greenland public authorities have extensive influence in fields that par- ticularly affect Greenland's affairs". The affairs that have not been taken over by the Greenland public authorities in pursuance of the Home Rule Act of 1978 or subsequent legislation falls under the aegis of the Danish public authorities (the Danish Government and the Danish Parliament). The Home Rule Act contains a number of hearing mechanisms and cooperation procedures that are designed to safeguard the interests of Greenland. In practice, Government Bills that affect or may be implemented in Greenland are submitted to the Greenland public authorities for comments before they are brought before the Danish Parliament. Corresponding hearing procedures apply to ad- ministrative regulations and draft treaties. Raw Materials Arrangement The Home Rule Act states cf. Section 8 (1) that the resident population of Greenland has fundamental rights to the natural resources of Greenland. A central element of the Home Rule Act is that a special arrangement is stipulated for the field of raw materials. This arrangement involves joint decision-making powers for the State and the Government of Greenland, making it possible for either party to oppose (eventually to veto) a development policy or specific resolutions considered by the party as being undesirable. 4 In pursuance of the existing Act relating to mineral raw materials in Greenland, any revenue of up to DKK 500 million (per annum) must be shared equally between the State and the Government of Greenland. The distribution of any revenue above this amount is determined by negotiation between the Danish Government and the Government of Greenland. As at 1 July 1998, the management of raw materials was transferred to the Government of Greenland by agreement between the Danish Government and the Government of Greenland. The joint decision-making powers under the Home Rule Act were not amended and the legislative power in this field remains with the Danish Parliament. Deliberations on enhanced home rule for Greenland In 2000, the Government of Greenland appointed a commission to deliberate on the options for enhancing Greenland's independence within the framework of national unity and based on the principle of equi- librium between rights and obligations. The Commission published its report in 2003. The Greenland Parliament subsequently debated the report, approved the proposals of the Commission and laid down the framework for the negotiations with the Government concerning the terms of reference for a joint Greenlandic/Danish Autonomy Commission.
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