The Commission on Self-Governance – a Presentation

On 1st May 1979, Act No 577 of 29th November 1978 concerning 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. ’s membership of the 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 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 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 . 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 , 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 . ”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 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 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 ’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. The Commission finds that an essential tool for the improvement of the use of human resources is ensuring that politicians and other decision-makers have the best possible information available in order to evaluate the present and future conditions of the labour market. The development of the labour market must be followed closely and constantly, so that the political decision-makers always have relevant information concerning the workforce, employment, unemployment, wage and income conditions, as well as the available qualifications of the workforce, when decisions must be made regarding these subjects. Evidently, Self-Governance based on an independent economy requires favourable frameworks and conditions for the individual industries and businesses. This is vital for providing the best possible conditions for the development of the industries that are to create social values. The access to qualified labour is a significant condition for the individual businesses.

l Side 6 The present industrial structure comprises a complex system of industries and businesses, which is the result of several years’ development. The businesses go through continuous readjustments in order to maintain their competitiveness on the home market or the international market. Some businesses and trades are capable of readjusting in time and develop, while other businesses and trades die out. It is a crucial precondition for this country’s economy that the qualifications of the workforce adjust continuously to this development in trade and industry. The Commission recommends that labour policies and educational policies be targeted at the changes needed to ensure that future generations of labour are trained within the growth industries, and that unskilled workers in particular are not caught in a poverty trap in industries which are deteriorating. Therefore, the workforce must be trained with new qualifications in such a way that it can always possess the right capabilities to take on new tasks and jobs. This means that to a greater extent than now, continuous supplementary training of the workforce must be ensured. At the same time, a higher degree of emphasis than currently exists should be put on providing basic qualifications that can be used in all work functions. The Greenlandic labour market is characterized by a large group of persons of working age who are not skilled workers. Whereas in Denmark, approx. seven out of ten persons receive an education resulting in qualifications, that figure is approx. only four out of ten in Greenland. Consequently, society faces a significant challenge in the educational field. First of all, it must be ensured that a far greater proportion of the younger generation receives qualifications than is currently the position. At the same time, it is important to direct a considerable part of the educational effort towards the upgrading of unskilled labour. At the moment, only limited funds have been allocated for the supplementary training of for this group. The framework for providing supplementary training

l Side 7 to unskilled workers, which is the group hit most often by unemployment and marginalization, must be improved in the coming years. As regards the general fight against unemployment as well as marginalization and ostracism from the labour market, the Commission recommends that all action plans are set up in such a manner that they take into consideration the circumstances of each person. Furthermore, it must be ensured that the effort is not ‘institutionalized’ so that it becomes a permanent measure and it becomes difficult to increase and decrease the effort in relation to the extent of the unemployment and marginalization. The Commission finds that it is of vital importance to secure the future labour market capacity for industrial development by integrating marginalized groups into the work force. This is vital not only to ensure the capacity needed by the industrial development, or to secure these persons’ self- esteem and welfare, but also to ensure that this group does not generate new generations of marginalized and ostracized youths. The social heritage is passed on so that these groups (and their children) face difficult conditions during their childhood and adolescence and then later in their worklife. Competence development is a decisive factor in the effort to develop Self-Governance. It is not only a matter of improving the competence level of the workforce, but also a question of, through an increased competence level, securing a better understanding of the individual’s role in society and the changes which are needed. The objectives that formed the background for the reforms in the labour market and educational fields have not changed, but, on the contrary, have been made even more visibly necessary. The Commission recommends that the primary schools be required to take a much more aggressive role in the development of the child’s view about his future work life as well as highlighting the opportunities that can arise from personal initiative can ensure a dynamic life. The higher education programmes and the vocational education

l Side 8 programmes must also provide opportunity for the young people to test their leadership abilities in specific courses during their education. Foreign and Security Policy

The continued development of the Greenlandic society demands participation in the international economy. Therefore, it is very important to have a foreign policy concerning fishing, hunting, environment, tourism, transportation, and trade. All these elements are related to the concept of sustainable development and globalization. This means that the Greenlandic people have opportunities abroad, but it also means that Greenland is noticed abroad. The demands made on other countries by the international community are also made on Greenland. The majority of Greenland’s population is a part of the Inuit culture. This gives Greenland a special obligation and a special starting point for the global discussion on how to secure the original inhabitants’ human rights in relation to the national states in which they live. With regards to the protection of the environment and nature, the international development has meant that Greenland needs to pursue a foreign policy. The right to use nature is not a matter of course for the countries with which we wish to cooperate. Today, the environmental issue is a global issue. Greenland’s voice has been heard in the battle to stop the contamination of the seas, which adversely affects fish and marine mammals. Furthermore, Greenland will also be affected by the climatic changes resulting from the greenhouse effect. In the international community, Greenland must make an effort to be understood and recognized for its attitudes, and must furthermore fulfil its obligations to affect the general development. The terms of reference for the Commission stresses that Greenland’s security policy must be evaluated based on the geographical position of Greenland. Therefore, the Commission has collected information on this subject during visits to existing defence installations in Greenland and

l Side 9 during the seminar that the taskforce on foreign and security policy arranged in Nuuk in March 2001 under the title ”Greenland and Security”. It is evident that two elements must be contained in any further discussions. First of all, there is the fundamental question of an external military threat to the country. This is traditionally described as tough security policy. Secondly, there are the threats against a society that stem from disasters, destruction of the environment, the disappearance of natural resources, etc. Today, these problems are described under the heading soft security policy. It is the opinion of the Commission that it must be expected that the people of a self-governing Greenland will have an interest in protecting their country. Subsequently, the Commission feels that the objective should be to have an increasing number of the functions presently carried out by Greenland’s Coast Guard undertaken by Greenlanders. The concept of compulsory military service has up to now been completely alien to Greenlanders. This disassociation from an independent people’s fundamental responsibility was a given during the colonial period. During the Home Rule period, there was no reason to contest this viewpoint. However, in a self-governing Greenland, the Commission on Self-Governance believes that the question of compulsory service cannot be avoided. It is therefore the Commission’s recommendation that a combination of a compulsory military service and a civilian society duty should be introduced for the Greenlandic youth. It will be natural for a self-governing Greenland to take a stand on the activities taking place in this country, including those relating to the . Consequently, the Commission sees it as an obvious opportunity to contribute to a more peaceful world and that over time, the Thule Air Base should become an international – as opposed to purely American – surveillance and satellite tracking station. As a consequence of this policy, all information obtained through the Thule Air Base installations should eventually be made available to and processed by the UN agency responsible for

l Side 10 monitoring the compliance with the international agreements on disarmament. The Commission on Self-Governance finds it extremely important that changes be made in the legislation so that a self-governing Greenland can influence Denmark’s security policy, as relevant. The Commission on Self-Governance realizes that, by virtue of belonging to the Danish Realm, Greenland is a member of NATO, and that the US government in Washington, D.C., has the decisive vote in all central issues. This relationship with NATO implies that in the future, Greenland must obtain first-hand information on the work in NATO. The Commission believes that this can also be done by also accrediting the Home Rule’s representative with the EU in Brussels to the NATO headquarters, situated in Brussels. Greenland’s delegation in North America could be placed in New York (with the UN and Permanent Forum), halfway between Ottawa (the Canada/Nunavut/Nunavik connection) and Washington, D.C. The Commission finds that the increasing number of cases at the Thule Air Base concerning relations with the Greenlandic civilian community shows a need – due to linguistic and other aspects – for a person to directly represent the Greenlandic authorities in liaisons with the air base. This person should cooperate with the Danish military liaison officer on an equal footing. Finally, the Commission believes that from now on, all new American military installations and activities on Greenland’s must, as a prerequisite, have complete and adequate information available, and that an agreement be made with Greenland as co-signer. This should also apply to temporary military activities outside the Thule Air Base. Consequently, the defence agreement of 1951 as well as subsequent amendments must be re-negotiated with the full participation and contribution of Greenland and not just be adjusted by way of amendments.

l Side 11 The Central Internal Authority of Greenland

The precondition for the leaders of a community to be able to act with authority and to be respected by the community is that they have been endowed with powers. In a society such as Greenland, the power is usually split into three branches: the legislative power placed with the parliament, the power placed with the government, and the judicial power placed with the courts. The Commission finds that the principle of the tripartition of powers is such a central element in a community founded on the rule of law, and in a democratic system, that the possibility of transferring parts of the judicial system to the future Self-Governance should be investigated closely. In the governing of any community, essential issues arise from time to time. The members of the community may not only have diverging opinions on these issues, but can also be divided on the issue. In light of the occasional crises of confidence which have taken place over the last few years between the elected members and the electorate, it may be worth considering supplementing the representative democracy with direct democracy in the form of referendums. Pursuant to the Danish , only a limited number of issues can be submitted to a referendum which are binding. (Eg: cases regarding the handing over of sovereignty to an international body, changing the electoral age, treaty obligations, and constitutional amendments). In addition to the above, referendums may be advisory, but it is assumed that legal authority is needed for this. In accordance with the protection of minorities pursuant to Section 42 of the Constitution, a similar provision could be included in the Act of the Landsting on “The Landsting and the Landsstyre”, so that one third of the members of the Landsting within 3 weekdays from the final adoption of the bill can request a referendum on a proposed bill from the President of the Landsting.

l Side 12 The Commission has misgivings concerning the fact that the country has been changed into one constituency in elections to the Landsting. While the Commission understands the reasons behind such a system, it feels that from a democratic point of view it is nonetheless important that all regions of the country are, to the widest extent possible, represented in the legislative body. This applies in particular to those parts of the country which have very small populations. On this background, the Commission recommends that Avanersuaq and Ittoqqortoormiit be re- introduced as individual constituencies, while the rest of the country is maintained as one constituency. As regards the issue of electorate age, the Commission suggests that the issue be made the subject of a public discussion based on the principle of conformity between rights and responsibilities. Language

In accordance with its terms of reference, the Commission has considered two aspects regarding languages. The first relates to Section 9 of the Home Rule Act, pursuant to which Greenlandic is the principal language of Greenland, while a thorough teaching of Danish is compulsory, and using either language in dealings with the public administration must be possible. The second relates to the language(s) spoken during discussions in the Landsting. The Commission’s considerations regarding language are based on the fact that in addition to forming an essential part of a people’s cultural development, languages are also the prime means of communication between people. The Commission finds it indisputable that Greenlandic is not only the principal language of this country, but is and should also be the official language of Greenland. Furthermore, the Commission finds it important to stress that the language situation of Greenland is far from a unique situation - bilingual or multilingual societies are common in other parts of the world.

l Side 13 Since the Greenlandic labour market in many fields suffers from a serious lack of skilled labour, the Commission recommends that initiatives be set up, including the teaching of Greenlandic, in order to make it attractive for those Greenlanders with few or no skills to take up residence in Greenland. This should ensure that they are motivated to seek employment as well as remain in the Greenlandic labour market. Finally, the Commission appeals to the population to show more tolerance of linguistic diversity. Almost half very young Greenlanders speak primarily Greenlandic. The majority of the higher education programmes cannot be completed in Greenlandic because of the lack of Greenlandic teaching material. Facilitating this would require an enormous amount of resources, both in terms of workforce and in terms of financing. Lack of Danish or other foreign language qualifications will, unless preventive action is taken, contribute to the prolonging of the above-mentioned educational backlog. Consequently, the Commission recommends that the above aspects be taken into consideration when the language policy is outlined. In principle, language issues should not hinder anyone from completing an education, especially not in a community such as ours which suffers from a serious lack of skilled labour. The Commission’s discussion of the language(s) spoken during official business in the Landsting, took its starting point from Section 53 of the Act of the Landsting under which negotiations, while conducted in Greenlandic, must be made possible follow in Danish; if a member speaks only Danish, then it must be possible to follow the meeting in Greenlandic. The Commission feels that the issue of languages spoken in the Landsting is closely related to the issue of the right to vote and the eligibility to the Landsting. Based on the principle of conformity between rights and responsibilities, it does not seem right that a person who has obtained the right to vote and is as such eligible to the Landsting should

l Side 14 be prevented from using the language most natural for him/her. Consequently, the Commission recommends that the present provision in Section 53 in the Act of the Landsting be maintained. The Commission feels that a potential introduction of a provision stating that only Greenlandic may be spoken from the rostrum in the Landsting should be viewed in relation to the introduction of legislation on integration. Wider-ranging legislation on integration may result in a number of considerable consequential expenses. This would result in non-Greenlanders being offered an opportunity to learn Greenlandic and thus being able to express themselves in the Greenlandic language. This requires the preparation of effective teaching material on the Greenlandic language as a foreign language. Furthermore, the Commission on Self-Governance has discussed the unfortunate consequences of the fact that when it comes to goods and retail products, consumer information texts are available in Greenlandic only in a few exceptional cases. This is particularly pertinent when dealing with dangerous goods. As a consequence of this, the Commission recommends that information be provided in Greenlandic where possible, and should be compulsory when dealing with dangerous products. The Future Process

The Commission on Self-Governance delivered its report to the Landsstyre in the beginning of April 2003. After the reading in the Landsstyre, a conference on Self- Governance will be held in September 2003. The Landsstyre intends to submit the report for debate in the Landsting with the aim of obtaining a mandate so that a brief for use in negotiations with the Danish government be prepared. The establishment of a new home rule ministerial portfolio for Self-Governance is planned for the autumn session of the Landsting.

l Side 15 The report of the Commission on Self-Governance as well as other material can be found on the Internet at the homepage of Greenland Homerule at the following address: www.nanoq.gl

l Side 16