ACFC/INF/OP/II(2004)005
ADVISORY COMMITTEE ON THE
FRAMEWORK CONVENTION
FOR THE PROTECTION OF NATIONAL
MINORITIES
Second Opinion on
adopted on
EXECUTIVE SUMMARY
The German minority in
There are, however, current concerns, which need to be addressed by the authorities, about proposed
administrative reforms and the impact that these could have on the political
representation of persons belonging to the German minority at municipal and
regional levels as well as at the level of the Region South-Jutland Schleswig.
There have been significant improvements to the anti-discrimination
legal framework in
The Government is encouraged, following discussions with those
concerned, to re-consider its position concerning the personal scope of
application of the Framework Convention.
Table
of contents:
Personal scope of application of the Framework Convention
Anti-discrimination legislation
Knowledge of the culture, history, language and religion
Use of German (administrative authorities and public
signs)
Proposed administrative reforms
II. ARTICLE-BY-ARTICLE FINDINGS
ARTICLE 3 OF THE FRAMEWORK CONVENTION
Greenlanders and Faeroese
and Danes living in Greenland and the Faeroe Islands
ARTICLE 4 OF THE FRAMEWORK CONVENTION
Anti-discrimination legislation
The Danish Institute for Human Rights
ARTICLE 6 OF THE FRAMEWORK CONVENTION
Portrayal
of minorities in the media
ARTICLE 8 OF THE FRAMEWORK CONVENTION
Funding of the Danish National Church
ARTICLE 9 OF THE FRAMEWORK CONVENTION
Broadcasting on radio and television for the German
minority
ARTICLE 10 OF THE FRAMEWORK CONVENTION
Use of German with the administrative authorities
ARTICLE 11 OF THE FRAMEWORK CONVENTION
Registration of names through the Danish National Church
Display
of traditional local names, street names and other topographical indications
ARTICLE 12 OF THE FRAMEWORK CONVENTION
ARTICLE 14 OF THE FRAMEWORK CONVENTION
ARTICLE 15 OF THE FRAMEWORK CONVENTION
Proposed
administrative reforms
ARTICLE 18 OF THE FRAMEWORK CONVENTION
Region South Jutland-Schleswig
SECOND OPINION ON
1. The Advisory Committee adopted the
present Opinion on 9 December 2004 in accordance with Article 26 (1) of the
Framework Convention and Rule 23 of Resolution (97) 10 of the Committee of
Ministers. The findings are based on information contained in the State Report
(hereinafter the State Report), received on 14 May 2004, and other written
sources and on information obtained by the Advisory Committee from governmental
and non-governmental contacts during its visit to Aabenraa and Copenhagen from
1–4 November 2004.
2. Section I below contains the Advisory
Committee’s main findings on key issues pertaining to the implementation of the
Framework Convention in
3. Both sections make extensive reference
to the follow-up given to the findings of the first cycle of monitoring of the
Framework Convention, contained in the Advisory Committee’s first Opinion on
Denmark, adopted on 22 September 2000, and in the Committee of Ministers’
corresponding Resolution, adopted on 31 October 2001.
4. The concluding remarks, contained in
Section III, could serve as the basis for the Committee of Ministers’
forthcoming conclusions and recommendations on Denmark.
5. The Advisory Committee looks forward to
continuing its dialogue with the authorities of Denmark as well as with
representatives of national minorities and others involved in the
implementation of the Framework Convention. In order to promote an inclusive
and transparent process, the Advisory Committee strongly encourages the
authorities to make the present Opinion public upon its receipt.
6. The results of the first monitoring
cycle in respect of Denmark were discussed in March 2002 at a meeting of the
Liaison Committee concerning the German minority. As a result of this meeting,
a working group to facilitate continuous follow-up and discussion on the
implementation of both the Framework Convention for the Protection of National
7. It is welcomed that the Danish
authorities have recognised in the State Report that the Advisory Committee’s
Opinion and the Committee of Ministers’ Resolution “could probably be
disseminated in a better and more publicly-oriented manner” and that the
authorities have as a result expanded their website to include more information
on national minority issues. Regrettably, however, the opinion
of the Advisory Committee and the Committee of Ministers’ Resolution from the
first cycle have not been translated into either Danish or German.
8. It is welcomed that in the preparation
of the second State Report that the Danish Government consulted the German
Minority’s Secretariat in Copenhagen. It is, however, regretted that wider
consultation leading to a more inclusive process did not take place with
representatives of civil society and other groups concerned by the application
of the Framework Convention in
9. The Advisory Committee notes that there
are few provisions in domestic law relating directly to national minorities.
That said, since the adoption of the first Opinion in respect of Denmark, there
have been significant improvements to the anti-discrimination legal framework
in Denmark, notably through the adoption of the Act on Ethnic Equal Treatment
(Act No. 374 of 28 May 2003) which forbids discrimination on the grounds of
race or ethnic origin in a number of societal settings.
10. At the same time, there has been
legislation introduced which has been criticised for possibly having a negative
impact on the promotion of mutual respect and understanding and co-operation
among persons living on the territory of Denmark. This is particularly the case
in respect of the Aliens Act 2002 and its amendments.
11. Draft legislation concerning
administrative reforms is under preparation. Central to these reforms is the
need to enjoy greater economies of scale in local administration through the
reduction of the number of municipalities and regional authorities. Proposals are under discussion between the
authorities and the German minority to ensure that the reforms do not have an
adverse impact on the political
representation of the German minority at the regional and municipal level and
the cross-border regional level, and to ensure that the reforms do not lead to a reduction in the enjoyment of
other rights under the Framework Convention.
Personal scope of
application of the Framework Convention
12. The Danish authorities maintain the
position that the Framework Convention for the Protection of National
13. In relation to Greenlanders and Faeroese,
the Home Rule Governments have stated clearly that they do not consider the
Framework Convention to apply to Greenlanders in Greenland and Faeroese in the
Faeroe Islands. No representations to the contrary have been made by persons
living on these territories and the Advisory Committee understands that there
is no call at this moment in time to apply the Framework Convention to persons
belonging to these groups.
14. In relation to Greenlanders and Faeroese
living in mainland Denmark and Danes living in Greenland and the Faeroe
Islands, the authorities have not
sought to ascertain from persons belonging to these groups whether they
have an interest in the protection offered under the Framework Convention. The authorities are encouraged to examine this matter further with those
persons concerned.
15. In relation to the Roma, it is noted that
according to the Government, Roma in Denmark comprise two main groups, namely
those arriving at the end of the 1960s and those fleeing the wars in the former
Yugoslavia. According to
representatives of the Roma, the Roma have had historical ties with Denmark
going back to the 16th Century. The Government considers, however, that those Roma
who took up residence in Denmark prior to 1960 have been completely integrated.
16. It can be noted that persons belonging to
the Roma community, as in other parts of
17. In respect of the application of the
Framework Convention to persons belonging to the German minority outside of
Anti-discrimination
legislation
18. There has been welcome progress in
developing anti-discrimination legislation, notably in relation to the passing
of the Act on Ethnic Equal Treatment (Act No. 374 of
19. The Government is encouraged to keep
under review the operation and functioning of this new legislation and the
effectiveness of the Complaints Committee ensuring that this Committee
has sufficient powers and funding
to carry out its work as it grows.
20.
21. The policy and practice of the Government
towards immigration, as evidenced by the reform of the Aliens Act, may have contributed to an increase in
hostility towards persons belonging to different ethnic and religious groups. The Government’s policy towards integration,
while following a laudable aim, has been criticised for not sufficiently taking
into account the problems, including discrimination, faced by persons from
different ethnic and religious groups.
22. The Government is invited to further its
efforts to tackle intolerance in society and to reconsider its immigration and integration policy in the
light of any discrimination revealed
and hostility generated towards
persons from different ethnic and
religious groups. It is
invited to ensure that the integration policy be adapted to take fully into
account the problems, including
discrimination, faced by persons from different ethnic and religious groups.
23. The teaching of Roma children with an
especially high rate of absenteeism in separate Roma classes has been held to be not in accordance
with the law. In consequence two out of three of these classes have been closed
down by the
24. Such classes for Roma children raise issues of compatibility with the
Framework Convention and the authorities should find an alternative solution
for the remaining open class.
25. The
system of State support for the
26. Persons not belonging to the
Knowledge of the
culture, history, language and religion
27. Persons belonging to the German minority
and other ethnic and religious groups have complained that more could be done
to reflect their culture, history, language and religion in the curriculum and
textbooks in schools. The authorities are encouraged to examine this issue with
the persons concerned with a view to ensuring that their contribution to
society is adequately reflected in the curriculum and in textbooks.
28. Concerns have been raised over alleged
undue restrictions placed on the use by children of their mother tongue in
kindergartens. The authorities are encouraged to look into this matter, taking full account of Article 30 of the
United Nations’ Convention on the Rights of the Child, with a view to
verifying if a problem exists and taking appropriate measures as necessary.
29. While
the German minority benefits from a large range of printed media as well
as radio and television broadcasting from neighbouring
30. Concerning radio broadcasting, the
authorities have indicated that it is open to the German minority to request a
radio licence. The Advisory Committee, however, understands that the German
minority would, at the moment, prefer a window in local public sector radio
broadcasting or financial support for language news bulletins currently being
broadcast on the private regional radio station Radio Mojn. The Advisory
Committee encourages the authorities to examine if support can be given to
either of these two options.
31. Concerning television broadcasting, there
is an interest from both the German minority and the local public sector
broadcasting channel to produce a greater number of programmes in German and for the German minority.
The authorities are encouraged to examine whether additional funding could be
made available to the local public sector broadcaster to reflect the additional
costs involved in preparing programmes in Danish/German.
Use of German
(administrative authorities and public signs)
32. There is no official framework for the
use of German with the administrative authorities although in practice many
persons within the administration have knowledge of German. The local
authorities should be encouraged to facilitate the use of German with the
administrative authorities as possibilities for so doing already exist.
33. Traditional local names, street names and
other topographical indications in
34. The Advisory Committee considers that
facilitating the use of German with the administrative authorities and
providing bilingual signs are important facets of public recognition and acceptance towards the existence
of the German minority in
35. The consultative structures set up for
the German minority play an essential and
effective part in the dialogue that exists between the German minority,
the Government and the Parliament. Central to this is the Liaison Committee
concerning the German minority and the Secretariat of the German Minority set
up in
Proposed
administrative reforms
36. Persons
belonging to the German minority are concerned by the possible impact of
proposed administrative reforms. These reforms are likely to affect their level
of political representation at regional level and municipal level. They fear
that this will lead to a reduction
of their political influence and that the movement of the administrative
centres away from the border region will further reduce their influence. They
are also concerned that the proposed reforms may have an adverse impact on the
current Danish/German Region South-Jutland Schleswig where they are currently
represented. They also fear that lack of representation will adversely affect
their ability to safeguard certain other
matters such as funding for their
schools and day care centres (kindergartens).
37. The Government is aware of these concerns
and is in close contact with the German minority on this matter. The Government has made a number of proposals, inter
alia, to facilitate the participation of the German minority in political
affairs at the municipal and also the regional and cross-border levels. These proposals which introduce
special rights for persons belonging to the German minority are to be welcomed, but further discussion
on these is needed, in particular concerning voting rights on seats at municipal
level, to ensure that the proposed reforms do not have an adverse impact on the
effective participation of persons belonging to the German minority in public affairs affecting them.
II. ARTICLE-BY-ARTICLE FINDINGS
ARTICLE 3 OF THE
FRAMEWORK CONVENTION
Findings
of the first cycle
38. The Advisory Committee in its first
Opinion on
Present
situation
Outstanding issues
39. According to information received by the
Advisory Committee, persons belonging to the German minority do not, in
principle, seek the protection of the Framework Convention outside their area
of traditional inhabitancy, namely
40. The Advisory Committee understands the position
of persons belonging to the German minority who want to ensure first and
foremost their traditional identity in the borderland region. The Advisory
Committee is, however, conscious that increased mobility, including for
education and work, as well as the possible impact of the proposed
administrative reforms, could create new difficulties for persons belonging to
the German minority keeping their language and culture alive in the region of
Recommendations
41. The Advisory Committee, while noting the
lack of demand for application of the Framework Convention to persons belonging
to the German minority outside of
Greenlanders and
Faeroese and Danes living in
Findings of the first cycle
42. In its first Opinion on
Present
situation
a)
Positive developments
43. The Danish Government approached both the
Faeroese and the Greenland Home Rule Governments in order to obtain their
respective views on the status of the
b)
Outstanding issues
44. The application of the Framework
Convention to Danes living in the
45. It can be noted from the State Report,
that the Faeroese authorities have requested the Danish authorities to contact
“Faeroese associations in
46. The Advisory Committee notes that
notwithstanding the lack of progress on discussions concerning the personal
scope of application referred to above, a number of steps have been taken in
relation to Greenlanders in mainland Denmark which are within the spirit of the
Framework Convention. These include research into the situation of Greenlanders
in mainland
Recommendations
47. The Advisory Committee considers that the
relevant authorities should inform Greenlanders and Faeroese living in mainland
Findings
of the first cycle
48. The Advisory Committee in its first
Opinion on
Present
situation
a)
Positive developments
49. The Danish authorities have had a
discussion on the issue of recognition of Roma in
b) Outstanding issues
50. Notwithstanding this discussion, and the
representations made by representatives of Roma as to their historical presence
going back to the 16th Century and their desire for protection under
the Framework Convention, the Advisory Committee understands that the Danish
authorities are unwilling to grant protection to the Roma under the Framework
Convention.
51. According to the Danish authorities the
Roma in
52. The Advisory Committee considers that
there is evidence of a historical presence of Roma in
Recommendations
53. The Advisory Committee echoes its
conclusions of the first monitoring cycle that persons belonging to the Roma
community should not a priori be
excluded from the personal scope of application of the Framework Convention.
54. The authorities are encouraged to further
their dialogue with the Roma on the
possible extension of the personal scope of application of the Framework
Convention. Pending further progress on this issue, the authorities are encouraged
to take the basic principles of the Framework Convention into account in their
legislation, policies and practice in relation to the Roma.
Outstanding issues
55. Statistical information in
56. The Advisory Committee notes that the
Government considers that there is in general no need for a census in
57. The Advisory Committee notes that there
is no official data on the size of the German minority although estimates range from 12,000 to 20,000 people. The Advisory
Committee notes that there is no official data on the size of the Roma
population either.
58. The Advisory Committee understands that
there is some confusion within society over the procedure and legality of
collecting and using ethnicity data.
59. The Advisory Committee welcomes that the
Danish Institute for Human Rights is tackling one aspect of this problem by
raising awareness about how ethnicity data can be used in the workplace to
tackle discrimination and has published a leaflet on this subject together with
the Ministry of Employment.
60. The Advisory Committee considers that
reliable statistical data on ethnicity,
broken down by age, gender and location are essential for targeting,
implementing and monitoring measures to ensure full and effective equality.
Without such data it is difficult for the State and civil society to operate
effectively and for international bodies to ascertain whether
61. The Advisory Committee considers that
there is a need for greater clarity as to the rules concerning the collection
and use of ethnicity data in
Recommendations
62. The Advisory Committee recommends that
the authorities should seek means of obtaining more reliable ethnicity data
broken down by age, gender and location and that further clarification should
be provided for those wishing to collect or use such data on the rules, regulations
and exceptions to the collection of such data.
ARTICLE 4 OF THE
FRAMEWORK CONVENTION
Anti-discrimination
legislation
Findings of the first cycle
63. The Advisory Committee in the first
monitoring cycle considered that the Danish Government should examine its
legislation in order to ensure that effective remedies are available to all
persons who suffer from discrimination, both by public authorities and private
entities.
Present situation
Positive developments
64. The Advisory Committee welcomes that as
part of the transposition into Danish law of Council Directive (2000/43/EC) on
implementing the principle of equal treatment between persons irrespective of
racial or ethnic origin, that new legislation has been introduced to provide
additional safeguards against discrimination on the grounds of race or ethnic
origin.
65. The Act on Ethnic Equal Treatment (Act
No. 374 of
66. The act applies to all public and private
enterprises and, inter alia, activities concerning social protection,
including social insurance and healthcare, social benefits, education and
access to and supply of goods and services, including homes. The act also
applies to membership of and participation in certain organisations. It
contains provisions concerning the sharing of the burden of proof in cases
concerning discrimination and the right to compensation for non-financial
losses. The act also strengthens the role of the Institute for Human Rights in
terms of its powers to process specific complaints and express opinions on the
complaints concerning discriminatory treatment under the Act (see also below,
The Danish Institute for Human Rights).
Recommendations
67. The Advisory Committee recognises that it
is too early to analyse the operation and functioning of this new legislation.
It does, however, encourage the authorities to keep a dialogue open with the
persons and groups most concerned by the legislation as part of a process of
onward going evaluation of the effectiveness of the anti-discrimination
legislation and its contribution
towards encouraging a spirit of tolerance and intercultural dialogue in
The Danish Institute
for Human Rights
Present situation
a)
Positive developments
68. The Advisory Committee welcomes the
passing of the Act on the Establishment of the Danish Centre for International
Studies and Human Rights (Act No. 411 of
69. As has been noted (see
above, Anti-discrimination legislation), the Act on Ethnic Equal Treatment has
given the Danish Institute for Human Rights additional responsibilities in
terms of processing complaints concerning discriminatory treatment and providing
opinions on whether there have been contraventions of the prohibition against
discrimination and the prohibition against reprisals.
b)
Outstanding issues
70. The Danish Institute for Human Rights has
a wide range of duties, which will undoubtedly increase in importance, in
particular with regard to the individual complaints procedure. The Institute
will need additional resources to cope with the growing demands placed on it in
this respect. It will also need to ensure that there is no duplication and
overlap with the Danish Ombudsman in the individual cases examined by the
Ombudsman’s Office.
71. The Advisory Committee notes that the
Complaints Committee lacks the power to enforce disclosure of material
information on a case, and that the Complaints Committee can not address direct
discrimination on the grounds of religion unless it can be perceived as
indirect discrimination on the grounds of race or ethnic origin. The Advisory
Committee is aware that there have been calls to remedy these two perceived
weaknesses in the functioning of the Complaints Committee.
72. The Advisory Committee considers that
within the Danish Institute for Human Rights, the National Department can play
an important role in helping to implement the spirit of the Framework Convention
in
Recommendations
73. The Advisory Committee considers that the
Government should keep under review the financial needs of the Danish Institute
in view of its important and developing tasks and examine the calls for the
Complaints Committee to have the power to enforce disclosure and the competence to look at issues of
discrimination on the grounds of religion.
ARTICLE 6 OF THE
FRAMEWORK CONVENTION
Findings
of the first cycle
74. In its first Opinion the
Advisory Committee expressed concern about information on intolerant attitudes
in Danish society.
Present situation
a)
Positive
developments
75.
b)
Outstanding issues
76. The Advisory Committee recalls that
Article 6 of the Framework Convention has a wide personal scope of application,
covering, among others, asylum
seekers and persons belonging to other groups that have not traditionally
inhabited the country concerned.
77. Notwithstanding the tradition of
tolerance and respect for others referred to above, the Advisory Committee is
concerned at the existence of a strong seam of intolerance that has developed
amongst a small but strong segment within Danish society. This has lead to the
introduction of an anti-immigrant agenda in the political arena and has led to
an upsurge of intolerance particularly against Muslims and Arabs as well as the
Roma. This has been reported by a number of national and international sources
and has been reported directly to the Advisory Committee during its visit to
78. The Advisory Committee considers that politicians
and political parties must live up fully to their responsibility for promoting
tolerance while refraining from words or action likely to stoke up any form of
racism, xenophobia or hatred[4].
79. There is concern raised in some quarters
that some Danish media share responsibility in promoting xenophobic and
intolerant ideas (see also below, Portrayal of minorities in the media). There is also concern that more could be done
to promote intercultural dialogue by the reflection of the culture, history,
language and religion of persons belonging to different ethnic and religious
groups in the curriculum and textbooks used in schools (see also under Article
12 below).
80. The Advisory Committee is concerned not
only about the more extreme manifestations of intolerance but also by the
climate of hostility that surrounds the issue of immigration.
81. The Advisory Committee notes that, in the
current political and social climate in
82. Concerning
integration, the Advisory Committee notes the central role that the
Government’s “Vision and strategies for improved integration” has on policy
development in this field. The Government in its work in this area draws on the
work of the Think Tank on Integration in
83. The Advisory Committee
notes that the Government’s vision and strategy has a strong focus on education
and training, using vocational training and economic incentives to enhance
foreigners’ active participation in the Danish labour market.
84. The Advisory Committee is
aware that this vision and strategy has become the subject of criticism from
various ethnic and religious groups and civil society bodies. Concerns have
been expressed about dangers, including prejudices that could emerge if this
strategy and vision is implemented without proper attention to the existing
barriers of discrimination against persons belonging to different ethnic and
religious groups. The strategy has
also been criticised by some who
consider that it goes a step further than integration, leading to a process of assimilation against the
will of those concerned.
85. The Advisory Committee, in
noting the above concerns, is of the view that this strategy should place a
greater emphasis on the positive contribution that foreigner’s participation in
society, including in the labour market, could make.
86. The Advisory Committee is aware that
there are complaints from various sectors of civil society that the Government
is not open to criticism and dialogue on the above mentioned issues and that
the Government has allegedly responded to criticism by reducing or cutting
funding to organisations critical of the Government or sidelining organisations
or persons deemed to be unfriendly from consultations or dialogue with the
Government.
87. Lack of funding appears to be a recurrent
issue for certain groups such as the Roma, who have particular needs in
tackling issues of tolerance, discrimination and intercultural dialogue. They
struggle to find funding for any projects, whether these are to open an office,
provide legal advice and assistance, or carry out research on issues of
importance to them.
88. The Advisory Committee is also aware that
a solution has still not been found for the opening of the first full-scale
mosque in
Recommendations
89. The Advisory Committee considers it
important that the Government takes all
necessary steps to deal with manifestations of intolerance and
xenophobia and uses fully the tools it has available to it to counter these
phenomena, including through encouraging the greater use of criminal provisions
against hate speech under Article 266 b of the Criminal Code. The Advisory Committee reiterates that
politicians and political parties must live up fully to their responsibility
for promoting tolerance while refraining from words or actions likely to stoke
up any form of racism, xenophobia or hatred.
90. The Advisory Committee considers that the
authorities should remain open and sensitive to criticism of the Aliens
legislation and the integration strategy, in particular from the parties most
affected. The Government should be
ready to revise legislation, policy and practice where it is shown to be discriminatory or where it results in an increase in hostility towards immigrants,
asylum seekers and refugees. The Government should also be ready to make
revisions where the results run counter to the aim of better integration or indeed when they may be shown to lead
towards a process of assimilation against the will of the persons concerned.
91. The Advisory Committee furthermore
considers that the Danish Government has an important responsibility to conduct
a dialogue in this sensitive area of immigration and integration and the
authorities should not exclude from dialogue or funding those most critical.
92. The Government is encouraged to examine
how it can give support, including financial support, to Roma organisations.
93. The Advisory Committee encourages the authorities to make
further efforts to find a solution for establishing the first
full-scale mosque in
Portrayal of minorities in the media
Present situation
a)
Positive developments
94. The Advisory Committee considers that
Danish media overall displays a professional attitude towards the portrayal of
persons belonging to different ethnic or religious groups in the media.
95. As an example of good practice, the
Advisory Committee notes the initiative of the
b)
Outstanding issues
96. Notwithstanding the overall professional
attitude of Danish media, there are reported
incidents of certain
media promoting xenophobic and intolerant ideas which contribute to a climate
of hostility towards persons belonging to immigrant groups
such as the Somali, as well as persons belonging to the Muslim communities.
97. There
is a concern about incidents of negative stereotyping in the media, as well as
a concern that there is not sufficient coverage about the positive
contribution that persons belonging to different
ethnic and religious groups make to Danish society in general.
98. To
tackle these complaints, the Advisory Committee considers that,
where relevant, persons concerned could
make greater use of the Press Council, which deals with
complaints against the Press. The Press Council itself could, through its power
to take up matters of its own volition, also take on a more active role.
99. The Advisory Committee considers that the
media not only has a major role in encouraging a spirit of tolerance and
intercultural dialogue, but it also holds one of the essential keys for the
preservation and promotion of the culture of persons belonging to different
ethnic and religious groups.
100. Persons belonging to the German minority has, for example, complained about their near invisibility
in the Danish media. The Advisory Committee considers this regrettable as the
German minority, together with their culture and language, create an important
economic, social and cultural bridge with neighbouring
101. Other groups have also expressed the need
for greater access to the media to promote their own culture and language, and
understanding of these within society at large. The Roma have been particularly
vocal in expressing their needs on this front.
Recommendations
102. The Advisory Committee considers that the
media itself has a responsibility to promote
tolerance, safeguard against xenophobia
and intolerance in the media and to avoid stereotyping and negative portrayal
of persons belonging to different ethnic and religious groups in the media.
103. Further awareness raising
of these issues amongst journalists is
recommended. Entry into the media profession of persons belonging to
different ethnic and religious groups should be encouraged as should the
greater use of minority sources in the preparation of media material.
Present situation
Outstanding issues
104. The Advisory Committee is
aware that for a number of years the
105. The Advisory Committee
understands that two out of three of these classes have now been closed, but
that one class, containing pupils from 7th form and above, has
continued and that the City Council has applied for an exemption from the
Ministry of Education to continue the class until all pupils have completed
their compulsory education.
106. The Advisory Committee,
while understanding the difficulty of dealing with absenteeism, considers that
the creation of these classes only for Roma raises issues under the Framework
Convention. In terms of the operation and functioning of these classes, the
Advisory Committee has concerns about the
equality of education of pupils in these classes[6]. According to the
information received by the Advisory Committee, the Roma children in these
classes are not of the same age and come from different class levels, they are
not placed in these classes as a result of consistent, objective and
comprehensive tests, the curriculum in these classes is inferior to that of
normal classes and few pupils make the leap back to mainstream education.
107. The Advisory Committee
welcomes that two of the three classes have been closed and that the
Recommendations
108. The Advisory Committee
considers that the
ARTICLE 8 OF THE
FRAMEWORK CONVENTION
Funding of the
Findings of the
first cycle
109. In its first Opinion, the Advisory
Committee raised the issue of whether State support to the Danish National
Church (both through direct funding from income tax and through a Church tax,
from which persons not belonging to the Danish National Church can be exempted
at their request) is in conformity with the principle of equality before the
law and equal protection of the law as guaranteed under Article 4 of the
Framework Convention. The Committee of Ministers in its Resolution on
Present situation
Outstanding issues
110. The Advisory Committee notes that there has
been no change in the situation of the funding of the
Recommendations
111. The Advisory Committee recommends that the
Danish Government should review the situation of the privileged funding of the
ARTICLE 9 OF THE
FRAMEWORK CONVENTION
Broadcasting on
radio and television for the German minority
Findings of the
first cycle
112. The Advisory Committee in the first
monitoring cycle noted that the implementation of this Article could encompass
creating the possibility for broadcasting some German language programmes in
the framework of the (regional) public broadcasting system.
Present situation
a)
Positive developments
113. The Advisory Committee welcomes that some
progress has been made since the first monitoring cycle in terms of access to
the media for persons belonging to the German minority, and that a dialogue has been established between the German
minority and the Ministry of Culture.
114. The Advisory Committee welcomes that since
the beginning of January 2004, the German minority newspaper Der
Nordschleswiger has been broadcasting German language news bulletins twice
daily through the private regional radio station Radio Mojn and that
these programmes have been well received by listeners.
115. The Advisory Committee also notes that
certain radio and television programmes can be received from
b)
Outstanding issues
116. Notwithstanding these positive developments,
the Advisory Committee notes that as part of its commitments under the Language
Charter (Article 11, paragraph 1 b i and paragraph 1 c i), Denmark has
undertaken to encourage and/or facilitate the creation of at least one radio
station and one television channel in the regional or minority language. As the
Committee of Experts on the application of the Charter has noted, these
undertakings have not been fulfilled[7].
117. Concerning radio broadcasting, the Advisory
Committee understands that the interest of the German minority is currently
focussed on obtaining a window in public sector broadcasting or receiving
financial support for the news bulletin service currently provided through
Radio Mojn, rather than seeking a licence for a dedicated radio channel
for the German minority.
118. The Advisory Committee regrets that there
appears to be little scope for the local public sector radio broadcaster DR Syd
accommodating the needs and wishes of the German minority. The Advisory
Committee notes the concern of the local public sector radio broadcaster that
Danish listeners would not want to listen to German on the radio. The Advisory Committee considers, however,
that this should not exclude all possibility of broadcasting in German, as
public sector broadcasting should take into account a range of needs and not
just those of the majority population.
119. The Advisory Committee notes that following
discussions between representatives of the German minority and the Ministry of
Culture, the German minority has been encouraged to apply for Government
funding to support the German language news bulletins on Radio Mojn.
120. In relation to television broadcasting, the
Advisory Committee notes with interest that a number of programmes have been
successfully broadcast covering issues relevant to the German minority. It
notes for example the programme “When borders divide” produced by TV Syd.
121. The Advisory Committee is aware that the
German minority would like to have more local television broadcasting in German
and on issues relevant to the German minority. The Advisory Committee is also
aware that the local public sector television broadcaster, TV Syd would,
in principle, be prepared to do
more should additional funding be made
available, in particular in terms of programmes covering the Danish –
German border region.
Recommendations
122. The Advisory Committee encourages DR Syd,
the local public sector radio broadcaster, to consider giving the German
minority some form of window to radio broadcasting. In the absence of such a
window, the Advisory Committee considers that the initiative of the newspaper Der
Nordschleswiger to broadcast news bulletins twice daily on Radio Mojn
is one which merits support, including possibly
through Government funding.
123. In relation to television broadcasting, the
Advisory Committee sees scope for further programming in German and for the
German minority, including for the German-Danish border region. The Advisory
Committee encourages TV Syd, the local public sector television
broadcaster to explore this issue further with the German minority and
encourages the authorities to examine whether additional funding could be made
available to TV Syd in view of the additional costs incumbent on
producing television programmes in German and Danish.
Present situation
a)
Positive
developments
124. The German minority
benefits from a large range of printed newspapers, magazines and publications
easily available from
125. A daily newspaper, Der
Nordschleswiger, is produced in
b)
Outstanding
issues
126. The Advisory Committee
recognises the importance of having a local paper catering for the needs and
interests of the local German minority. No amount of published materials from
neighbouring
127. For a local regional
newspaper in a minority language to flourish, it needs not only a healthy
readership, but also a certain level of advertising revenue. In this respect
the Advisory Committee notes that advertising by local authorities (in the form
of job notices, information on planning consents, etc.) makes an important
contribution to a newspaper’s survival.
Recommendations
128. The Advisory Committee
encourages the local authorities to give support to the local minority paper,
including through the financial support that advertising brings.
ARTICLE
Use of German with
the administrative authorities
Present situation
Outstanding issues
129. The Advisory Committee
understands that persons belonging to the German minority would like to have at
least a limited opportunity of using their language with the local
administration, where possible. The Advisory Committee understands that there
is currently no official framework for the use of German with the local
administrative authorities and no local tradition for such usage. When
required, however, the Advisory Committee understands that an interpreter may
be made available.
130. The Advisory Committee
notes the comment of the Government in the first State Report that persons
belonging to the German minority in
131. The Advisory Committee
notes that the Committee of Experts on the European Charter for Regional or
Minority Languages has encouraged the authorities to take the necessary
measures in order to ensure that German speakers may submit documents in German[8].
132. Bearing in mind that a good
number of persons working for the local authorities are bilingual Danish and
German, the opportunity for the use of German exists. Furthermore in view of
the fact that
133. The Advisory Committee
considers that there is scope to examine further the use of German with the
administrative authorities. There may, in particular, be a number of measures
that could be easily undertaken which would give some recognition of the
bilingual German-Danish heritage of the region. These measures could be quite simple,
such as staff of the administration indicating that they are bilingual (notices
indicating languages spoken on their desks, badges on their lapels, etc.),
prominence being given to translations of texts where available, etc. Such
simple steps could also provide an important form of public recognition to the
presence of the German minority in the region.
Recommendations
134. The authorities are
encouraged to examine the measures they could take to improve the possibilities
for persons belonging to the German minority using their language with the
administrative authorities.
ARTICLE 11 OF THE
FRAMEWORK CONVENTION
Registration of
names through the
Findings of the first cycle
135. In the first cycle of
monitoring the Advisory Committee noted that for the registration of names at
birth, the
Present situation
a)
Positive
developments
136. The Advisory Committee notes from information
provided in the second State Report that registration of names may be made in
writing and does not require the presence of individuals in person. The
Advisory Committee also notes that under new regulations in force (Section 13,
subsection 2 of the Ministry of Ecclesiastical Affairs’ Circular of
b)
Outstanding issues
137. Notwithstanding the positive step of
removing the reference to the Danish National Church on certificates of those
not belonging to the Church, the Advisory Committee continues to feel that the
registration of names with the Danish National Church raises issues of conscience
for persons not belonging to the Danish National Church.
Recommendations
138. The Advisory Committee considers that
modifications should be introduced into the system of registrations to allow
persons who do not belong to the
Display of traditional local names, street names and other topographical
indications
Findings of the
first cycle
139. The Advisory Committee noted in the first cycle
that there had been no request pertaining to the use of bilingual signs.
Present situation
Outstanding issues
140. The Advisory Committee understands that
there is an interest on the part of persons belonging to the German minority to
introduce certain bilingual signs and that the Danish Road Directorate is
prepared to consider any application from a local road administration for
bilingual signs in German positively if a tangible need is documented.
141. The Advisory Committee encourages persons
belonging to the German minority to articulate their interest and demands for
bilingual signs to the authorities.
Recommendations
142. The Advisory Committee invites the Danish
authorities to give due consideration to any proposals made to them by the German
minority for the display of traditional local names, street names and other
topographical indications. In responding to these requests, the Danish
authorities should keep in mind that such displays are an important public
recognition and sign of acceptance
towards the presence of the German minority and reflect the special
nature and character of the borderland region of
ARTICLE 12 OF THE
FRAMEWORK CONVENTION
Present situation
a)
Positive developments
143. The Advisory Committee notes that the
Danish Comprehensive Primary and Lower Secondary School Act states that all
pupils should become acquainted with Danish culture and other cultures,
although the curriculum does not lay down that teaching should be concerned
with specific minorities. The Advisory Committee also notes that instruction in
human rights forms part of the teaching in primary and lower secondary school.
b)
Outstanding issues
144. The Advisory Committee has received
representations that more could be done to reflect the culture, history,
language and religion of the German minority and other ethnic and religious
groups in the curriculum and in the textbooks used in schools.
145. In relation to the German minority, the
Advisory Committee considers that any negative suspicion that existed towards
this minority in the past should give way to recognition of the specific
contribution that the German minority can make to life in
146. The successful integration of ethnic and
religious groups in
147. The Advisory Committee has received
information alleging that undue restrictions may be being placed on children in
certain day care facilities
(kindergartens) in the use of their mother tongue. The Advisory Committee
recalls in this context the pivotal importance of the first years of education
for children and the importance of their
mother tongue at a young
age. The Advisory Committee also
recalls Article 30 of the United Nations Convention on the Rights of the Child
which makes specific provision for children belonging to ethnic, religious or
linguistic minorities not to be denied the right, in community with other
members of his or her group, to enjoy his or her own language.
Recommendations
148. The Advisory Committee recommends that the
authorities examine further, with those persons concerned, how to better
reflect the culture, history, language and religion of persons belonging to the
German minority and other ethnic and religious groups in the curriculum and
textbooks.
149. The Advisory Committee considers that undue
restrictions should not be placed on the use by children of their mother tongue
in day care facilities
(kindergartens) and that the authorities should look into this matter and examine the extent to which there may be a problem. The
Advisory Committee recommends that the authorities provide clarification to
parents, teachers and schools on what may be acceptable in terms of limitations
on the use of the mother tongue so as to tackle any confusion which may exist
concerning this issue.
ARTICLE 14 OF THE
FRAMEWORK CONVENTION
Present situation
a)
Positive developments
150. The Advisory Committee welcomes the steps
taken by the Danish authorities to ensure German minority language education
through a system of German minority schools and day care facilities
(kindergartens) in the region of
b)
Outstanding issues
151. The German minority is, however, concerned
about the implications of the proposed administrative reforms (see under
Article 15 below) and the impact these reforms may have on the system of German
minority schools and day care facilities (kindergartens) if there is a reduction in the political
influence of the German minority.
152. The Advisory Committee is aware of a
request by the German minority for additional guarantees for day care
facilities (kindergartens) through, for example, the provision of funding at a
State rather than a municipal level to assure long-term funding. In this
particular instance, the Advisory Committee sees some advantage to this
proposal as a safeguard against possible loss of influence at the municipal and
regional level.
Recommendations
153. The Advisory Committee recommends that the
Danish authorities continue in their discussions with the German minority in
order to find an acceptable solution for any impact the proposed administrative
changes may have on the system of German minority schools and day care
facilities (kindergartens).
ARTICLE 15 OF THE FRAMEWORK CONVENTION
Present situation
Positive developments
154. The Advisory Committee is aware of the
important and effective role
that the Liaison Committee concerning the German minority and the Secretariat
of the German Minority set up in
155. The Advisory Committee notes that the
setting up of an informal Working Group appointed to facilitate continuous
follow-up and discussions on the implementation of the Framework Convention and
the European Charter for Regional or Minority Languages (see General comments
above) has further strengthened the level of consultation between Government
departments and the German minority.
156. The Advisory Committee considers that the
mechanism for consultation with the German minority set up by the Government is decisive for the good relations
and system of protection set up for the German minority. It represents a model of good practice that could also be applied for other
ethnic and religious groups in
Recommendations
157. The Advisory Committee
recommends that the Government should continue to support the mechanism of
consultation with the German minority and give consideration to strengthening the mechanism of consultation
for other ethnic and religious groups in
Proposed administrative reforms
Present situation
Outstanding issues
158. The Advisory Committee notes that the
Government appointed, on
159. The Advisory Committee notes that the
Commission’s report recognises that the proposed reforms could make it more
difficult for certain groups, including the German minority, to preserve their
political representation and influence in local councils and/or county
councils.
160. Under the current administrative system,
the Southern Jutland County has approximately 250,000 inhabitants of which it
is estimated there are 12,000 – 20,000 persons belonging to the German minority
(i.e. 5 to 8 per cent of the population). The German minority through the Schleswigsche Partei have one
representative in the
161. The Advisory Committee has registered the
serious concern of the German minority that the proposed administrative reforms
could adversely impact on their possibility to enjoy effective participation in
public affairs as guaranteed under Article 15 of the Framework Convention.
While the exact nature and scope of the proposed administrative reforms has yet
to be decided, the indications are that there will be a new county (Region
South Denmark) with approximately 1.3 million inhabitants in which the German
minority will not be able to secure political representation at the level of
the county assembly. This county is likely to comprise four or five municipalities in which the
German minority are concerned that they would only be
able to secure representation in two of the four or five municipalities.
162. The German minority are therefore concerned
that the proposed administrative reforms will mean that they lose a voice at county level,
and that they will have no voice in at least two of the four municipalities.
They point out that under the current system, although they are not represented
locally in all municipalities, the seat they hold at county level gives them an
overall umbrella representation for the region.
163. The German minority fear that their level
of representation will decline.
They are also concerned about
the impact of moving the centres of administration away from the locality in
which the German minority are present. Furthermore, they are concerned about
the impact that the proposed administrative reforms will have on cross-border
Denmark-Germany regional co-operation under the auspices of the Region South
Jutland-Schleswig.
164. The Advisory Committee is aware of the efforts made by the Danish
Government to reduce the impact
of these proposed changes on the German minority and that it is in close
contact with representatives of the German minority to find solutions suitable
for all parties concerned. In this
context, the Advisory Committee is aware of the proposed safeguards put forward
by the Government on
165. The Advisory Committee is
also aware of the proposal to safeguard the interests of the German minority at the regional level through participation in
a “growth forum” or “growth forums” to be established to handle regional
co-operation and regional growth. Furthermore
the German minority will be represented in a body to be established to handle
cross-national co-operation in the Danish-German border region.
166. Notwithstanding
the recent safeguards proposed by the Government, the Advisory Committee is
aware that the German minority is, inter alia, seeking to ensure that it
has a right to vote on all seats at municipal level (whether obtained in their
own right or whether obtained as a result of reaching the threshold of 25 % of
the “cheapest seat”). The Advisory Committee also understands that the German
minority is looking to secure a seat, without the right to vote at regional
level, if it obtains more than 25% of the vote of the “cheapest seat”.
167. The Advisory Committee
welcomes the willingness of the Government in the proposals published on
Recommendations
168. The Advisory Committee recommends that the
Danish Government keeps up its discussion with the German minority, in particular on the issue of voting rights at municipal level,
in order to find appropriate solutions to ensure that effective participation
guaranteed under Article 15 of the Framework Convention is not undermined by
the proposed administrative reforms.
ARTICLE 18 OF THE
FRAMEWORK CONVENTION
Present
situation
Positive developments
169. The Advisory Committee recognises the
importance and success of the Copenhagen-Bonn Declarations that have been a
central pillar for developing the rights of persons belonging to the German
minority in Denmark and also the rights of persons belonging to the Danish
minority in Germany.
170. The Copenhagen-Bonn Declarations have
become models for
peaceful solutions to minority problems and have contributed to the development
of fruitful relations in the border region. The Advisory Committee notes that
the 50th Anniversary of the Copenhagen-Bonn Declarations will be
celebrated in March 2005 and that this will have a particular political, social
and cultural importance for the German minority in Denmark and the Danish
minority in Germany.
Recommendations
171. The
Advisory Committee encourages the Government to seek to resolve outstanding
issues relevant to the German minority under the proposed administrative reforms
(see under Article 15 above) before the 50th Anniversary of the
Copenhagen-Bonn Declarations.
Region South
Jutland-Schleswig
Present
situation
Positive developments
172. The
cross border co-operation was formalised in 1997 under the Region South Jutland-Schleswig.
It consists of a regional council on which the German minority is represented
by the chairman of the Bund deutscher Nordschleswiger and the county
councillor for the Schleswig Party.
173. The
Advisory Committee notes that the German minority considers this regional
council to be an important element of Danish-German co-operation in which the
German minority provides an essential link and catalyst through their contacts,
shared culture and linguistic abilities.
Outstanding issues
174. The
Advisory Committee is aware of concerns raised by the German minority that the
proposed administrative reforms could jeopardise the work, structure and level
of representation of the German minority in the Region South Jutland-Schleswig.
The Advisory Committee is, however, aware that the recent safeguards proposed
by the Government on 1 December 2004 go some way to meet the concerns of the
German minority (see under Article 15 above).
Recommendations
175. The
Advisory Committee considers that this issue ties in with the concerns raised
under Article 15 above in relation to the proposed administrative reforms and
their impact on the effective participation of persons belonging to the German
minority. The Advisory Committee considers that the proposed reforms should be
implemented in such a way as to ensure that they do not adversely impact on the
ability of persons belonging to the German minority to participate in
transfrontier co-operation such as currently covered by the Region South
Jutland-Schleswig.
176. The Advisory Committee considers that these
concluding remarks could serve as the basis for the conclusions and
recommendations to be adopted by the Committee of Ministers in respect of
177. Denmark has made welcome progress in
developing anti-discrimination legislation, notably in relation to the passing
of the Act on Ethnic Equal Treatment (Act No. 374 of 28 May 2003), which
provides additional safeguards against discrimination in a number of societal
settings. A further positive development has been the establishment of the
Danish Institute for Human Rights together with its Complaints Committee for
processing and providing opinions on complaints of discrimination.
178.
179. The system of German minority language education
through the German minority schools and day care facilities (kindergartens) in
180. The
181. There is concern over the general lack of
consultation with representatives of civil society and representatives of
different ethnic and religious groups, including in relation to the monitoring
under the Framework Convention.
182. The restrictive personal scope of
application of the Framework Convention by the Danish authorities continues to
be of concern.
183. A strong seam of intolerance within Danish
society is noted, inter alia, in the political arena as well as in
certain media. There are concerns that legislation, such as the reform of the
Aliens Act, and policy, such as the Government’s policy towards integration, may contribute to a climate of
hostility towards different ethnic and religious groups.
184. Concern remains about the
equality of education for Roma children taught separately in a class for Roma
children with high rates of absenteeism.
185. The privileged funding of the
186. There are few possibilities
for the use of German in Danish television or radio broadcasting, or for the
use of German with the local administrative authorities.
187. The culture, history, language and religion
of the German minority and other ethnic and religious groups
needs to be better reflected in
the curriculum and in the textbooks used in schools.
188. There are concerns over the impact that
proposed administrative reforms could have on persons belonging to the German
minority, notably in terms of reduced political representation at the municipal
and regional levels as well as at the level of the Region South-Jutland
Schleswig. There are also concerns on the impact these reforms could have on the system of German
minority schools and day care facilities (kindergartens).
189. In addition to the measures to be taken to
implement the detailed recommendations contained in sections I and II of the
Opinion of the Advisory Committee, the authorities are invited to take the
following measures to improve further the implementation of the Framework
Convention.
-
Consult
more widely with representatives of civil society and representatives of
different ethnic and religious groups concerning the implementation of the
Framework Convention.
-
Act upon
manifestations of intolerance and xenophobia, including in the political arena, and counter these phenomena with
the tools available.
-
Address criticisms of
the Aliens legislation and the Government’s integration strategy in order to further promote tolerance and
ensure that issues of discrimination are tackled.
-
Find
alternative solutions for the Roma children who remain in a separate Roma class
in order to guarantee equal education.
-
Review the
situation of the privileged funding of the
-
Examine how further support can be provided to
local radio and televisions broadcasting for the German minority.
-
Examine,
with those concerned, how to better reflect the culture, history, language and
religion of persons belonging to the German minority and other ethnic and
religious groups in the curriculum and textbooks.
-
Ensure
that the proposed administrative reforms do not have an adverse impact on the
effective participation of the German minority at the municipal and regional
levels and also at the level of the Region of South-Jutland Schleswig.
Similarly ensure that there is no adverse impact on the system of German
minority schools and day care facilities (kindergartens).
[1] The use of the term “ethnic and religious groups or minorities” in this
Opinion is not in any way meant to restrict the scope of the term “national
minority”.
[2] The Advisory Committee did have contacts during its visit with a number
of Faeroese living in mainland
[3] See Report by Mr Alvaro Gil-Robles,
Commissioner for Human Rights, on his visit to
13th – 16th April 2004 (CommDH(2004)12 paras. 35 and 36)
[4] See also in this respect the findings of the United Nations Committee
on the Elimination of Racial Discrimination (paragraph 10, CERD/C/60/CO/5
(Concluding Observations/Comments)).
[5] See in this respect the Report by Mr Alvaro Gil-Robles, Commissioner
for Human Rights on his visit to Denmark 13th – 16th
April 2004 (CommDH (2004) 12) Paras. 4 – 19.
[6] This is a matter that is also raised in some
detail in the Report by Mr Alvaro Gil-Robles, Commissioner for Human Rights on
his visit to Denmark, 13th-16th April 2004
(CommDH(2004)12, paras. 35 –38)
[7] Report of the Committee of Experts on the application
of the Charter in
[8] See Report of the Committee of Experts on the application of the
Charter in