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The Commission on Self-Governance – a Presentation on 1St May 1979, Act No 577 of 29Th November 1978 Concerning Greenland Home

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The Commission on Self-Governance – a Presentation on 1St May 1979, Act No 577 of 29Th November 1978 Concerning Greenland Home The Commission on Self-Governance – a Presentation On 1st May 1979, Act No 577 of 29th November 1978 concerning Greenland Home Rule came into force. Since then, Home Rule has evolved in that its jurisdiction has expanded while at the same time, external conditions influencing it have changed. Denmark’s membership of the European Union and the subsequent transfer of competencies have resulted in Greenland’s agreements and relations with the EU becoming increasingly important. Furthermore, the world is in the midst of a trend towards globalization, which also requires that Greenland is able to conduct its own affairs on an independent basis. As a consequence of the above and other matters, Greenland’s position within the Danish Realm must be re- evaluated, which lead to the setting up in 1999 / 2000 of the Commission on Self-Governance (“the Commission”). The Commission consists of nine members appointed by Greenland’s government (the Landsstyre), who represent all parties in the Greenlandic Parliament and includes experts on Greenland. The Commission has also procured external expert and consultative services for the clarification of certain topics. The work of the Commission is based on the mandate given in 1999-2000 by the then government coalition between the Siumut and Inuit Ataqatigiit parties. Since then, scope of the mandate has been expanded to include a discussion on language policy and because of Greenland’s potential membership in the Council of Europe. Subsequent governments confirmed that the Commission might continue its work based on these terms of reference. The Commission delivered its report to the Landsstyre on April 11th 2003. The report was adopted by all members of the Commission and included no minority statements. l Side 1 Self-Governance and Resources Among other things, the Commission on Self-Governance was to ”describe the areas in which the Home Rule has taken over jurisdiction, the areas in which the Danish government has retained jurisdiction, and those areas in which jurisdiction is shared in various ways between the Home Rule and the Danish government.” As a result of this, the Commission has prepared a draft for a Partnership Treaty between Greenland and Denmark on Greenland’s Self-Governance. The Commission has named the draft ”Partnership Treaty on Greenland’s Self-Governance” to highlight that the goal is to maintain good relations between Denmark and Greenland. The report states that this relationship should be based on mutual respect; that the parties are equal; that Greenland is recognized as a separate legal entity in international law, able to undertake commitments abroad; and that Greenland as a legal entity has the right to self-determination at all times. In the Partnership Treaty on Greenland’s Self-Governance and the appended explanatory notes, the concept of ”Self- Governance” is used to describe Greenland’s democratic form of government. The fact that ”Self-Governance” is used to describe the democratic system in Greenland should not be understood as a mere adjustment of the current agreement on Greenland Home Rule. The concept of ”Self- Governance” is the same as the concept used in international law. It refers directly to the legal concept of ”self-determination” understood in international law as a people’s right to sovereignty. ”Self-Governance” as a term for the democratic form of government must therefore not be taken to be a curtailment of Greenland’s right to self- determination. Regardless of the procedure decided upon, the Commission recommends that the issue be brought before the Greenlandic people in a referendum for approval or rejection, prior to the final decision. l Side 2 Resources It is the opinion of the Commission on Self-Governance that the issue regarding (a) ownership of the subsoil; and (b) the right of disposal or ownership of the resources in the subsoil should be regarded as two separate issues. The Commission feels that while Denmark has sovereignty over the subsoil, it is up to Greenland and Denmark to reach an agreement as to whether Greenland can obtain the right to regulate the resource utilization within the framework of the Danish Realm. The Commission recommends that the Landsstyre initiates a comprehensive review with the purpose of amending the legislation relating to the resources. Any such changes must result in issues such as environmental monitoring, working environment, and labour market issues, etc. being transferred to the proper jurisdictions responsible for handling them. Based on the Danish government’s agreement of 22nd December 1992 with the government of the Faroe Islands concerning the resources in the Faroese subsoil, the Commission has reviewed Greenland’s position. The Commission believes that a similar agreement concerning the right of disposal or the ownership rights to the resources in the subsoil in and around Greenland should be made between Greenland and Denmark. The Commission feels that pursuant to several treaties, as well as to the Universal Declaration of Human Rights and the Declaration on the Granting of Independence to Colonial Countries and Peoples, Greenland and the Greenlandic people also have these rights and thus should obtain full ownership of the resources in the subsoil. Economics and Industrial Development The Commission believes that Self-Governance should be based on a self-sufficient economy. In this context, a self- sufficient economy is one in which the block grants from l Side 3 Denmark to Greenland can be reduced significantly over time. The Commission also finds that the political focus on the national treasury and the municipalities’ treasuries should become a focus on the entire economy of the society, including not least foreign trade. Foreign trade is a decisive factor in the increase of a country’s prosperity. This is also true for Greenland which, with an almost single-sector economy and a small population, is dependent on the exchange of goods and servicesto increase the possibilities for creating prosperity. Therefore, it is vital that the political debate puts more focus on Greenland’s trade with other countries. The Commission stresses the importance of evaluating how Greenland’s trade balance, in relation to Denmark, can be improved. It should be investigated how the turnover of processed fish products can be increased, as well as how best to promote related industries and services. The trade between Greenland and Denmark is one of trade between economic border areas and central areas; ie, is the means of production and other highly processed goods is exchanged for raw materials to be used in the industry. This division of labour – or rather an alteration of it – may prove to be the key to ensuring a self-sufficient economy for Greenland in the future - successfully altering the cost structure of the society (e.g. the price of salaries, transport, electricity and water) so that, for instance, ancillary industries can be placed in Greenland. This would also enable a growth of related businesses. The Commission on Self-Governance has formulated a strategy based on principles and ideas known to have wide support. These ideas are referred to as the key elements of the strategy: 1. Restructuring the public sector: public sector expenses must be commensurate with the economic capacity of the society; 2. All citizens must contribute to the economy; and l Side 4 3. A self supporting and self-strengthening economy and business life must be developed. The aim is to achieve economic independence. Greenland must become independent of block grants and the economic consequences to society of state grants. At first glance, this aim may seem difficult to achieve. But the content of the three key principles listed above contains some resources which already exist but of which not enough use is made. The contribution of all citizens to the economy and the restructuring of the expensive public sector could, by itself, replace the block grant, contingent on creating a self-supporting industry. This would create an economic surplus in Greenland and contribute to the financing of new industrial activity. A New Partnership The following term of reference highlight the desire for increased self-determination and the need of developing a more self-sufficient economy: ”The Commission’s task is to prepare a report on the possibilities for expanding Greenland’s autonomy within the Danish Realm, based on the principle of conformity between rights and responsibilities.” It is a decisive factor that all parties in the Realm have an understanding that the content of a new partnership is fair and just. In terms of the economy, there must be agreement that the content of the partnership is an investment that will increase Greenland’s economic independence and will benefit both Denmark and Greenland. If this aim is achieved, with time Denmark can decrease its expenditure on Greenland, and that Greenland can attain a more self-sufficient economy, thereby achieving the crucial foundation for independence. This objective should contain initiatives that – through a new division of labour – ensure an increase in revenue for both parties, by increasing the yield on existing or new common activities. l Side 5 The Commission expects the following conditions to be met prior to negotiations with the Denmark to amend the existing partnership agreements: 1. That an economic strategy plan is established which is based on a structure of ongoing review; 2. That an action plan for the country’s total industry and business development is implemented; 3. That an action plan for the restructuring and reduction of the public administration is implemented; and 4. That an action plan for a significant increase in the educational level of the population is implemented. Human Resources Greenland’s most important resources are human resources. Self-Governance is a choice to be made by the population, and the organisation of a self-governing society must be based on the objectives proposed by the population.
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