CONSEJO DE DERECHOS HUMANOS - Informe A HRC 5940 Add 1

GE.25-05472 (S) 170425 280425 Consejo de Derechos Humanos 59º período de sesiones 16 de junio a 11 de julio de 2025 Tema 3 de la agenda Promoción y protección de todos los derechos humanos, civiles, políticos, económicos, sociales y culturales, incluido el derecho al desarrollo Visita a Dinamarca y Groenlandia Informe de la Experta Independiente sobre los derechos humanos y la solidaridad internacional, Cecilia Bailliet Resumen La Experta Independiente sobre los derechos humanos y la solidaridad internacional, Cecilia Marcela Bailliet, visitó Dinamarca y Groenlandia del 8 al 18 de abril de 2024. El objetivo principal de la visita era conocer y comprender las políticas y medidas emprendidas por el Estado y los agentes de la sociedad civil para poner en práctica el deber de respetar, proteger y hacer efectivo el derecho a la solidaridad internacional. La Experta Independiente también trató de determinar los progresos realizados y los retos pendientes a ese respecto. En su informe, presentado en cumplimiento de la resolución 53/5 del Consejo de Derechos Humanos, la Experta Independiente se centra en: a) el marco constitucional y de derechos humanos aplicable; b) la cooperación internacional y la asistencia para el desarrollo como formas de buenas prácticas de solidaridad internacional; y c) los retos y motivos de preocupación detectados durante la visita. La Experta Independiente extrae conclusiones y formula recomendaciones específicas a los Gobiernos de Dinamarca y G roenlandia y a las organizaciones de la sociedad civil.

El resumen del presente informe se distribuye en todos los idiomas oficiales. El informe propiamente

formula recomendaciones específicas a los Gobiernos de Dinamarca y G roenlandia y a las organizaciones de la sociedad civil.

El resumen del presente informe se distribuye en todos los idiomas oficiales. El informe propiamente dicho, que figura en el anexo, se distribuye únicamente en el idioma en que se presentó.

Naciones Unidas A/HRC/59/40/Add.1

Asamblea General Distr. general 17 de abril de 2025

Español Original: inglésA/HRC/59/40/Add.1

2 GE.25-05472 Anexo Informe de la Experta Independiente sobre los derechos humanos y la solidaridad internacional, Cecilia Bailliet, acerca de su visita a Dinamarca y Groenlandia

I. Introduction

1. The Independent Expert on human rights and international solidarity, Cecilia Marcela Bailliet, visited Denmark and Greenland from 8 to 18 April 2024. During her visit, the Independent Expert travelled to Copenhagen and to Nuuk, Greenland.

2. The Independent Expert expresses her appreciation to the governments of Denmark and Greenland1 for having extended an invitation to the mandate holder to conduct an official visit with the aim of understanding the policies and actions taken by State and civil society actors to implement the duty to respect, protect and fulfil the right to international solidarity.

3. In Copenhagen, the Independent Expert met with representatives of the following: the Ministry of Foreign Affairs, the Ministry of Defence, the Ministry of Social Affairs and Housing, the Ministry of Immigration and Integration, the Ministry of Finance, the Ministry of Taxation, the Ministry for Digital Government and Gender Equality, the Ministry for Children and Education, the Ministry of Higher Education and Science, the municipal authorities of Copenhagen, the authorities of Greenland and the Faroe Islands, the committees of the Parliament of Denmark, the Danish Youth Council and youth groups of the political parties, the Copenhagen police, and the Investment Fund for Developing

Children and Education, the Ministry of Higher Education and Science, the municipal authorities of Copenhagen, the authorities of Greenland and the Faroe Islands, the committees of the Parliament of Denmark, the Danish Youth Council and youth groups of the political parties, the Copenhagen police, and the Investment Fund for Developing Countries. She also met with representatives of the University of Copenhagen affiliated with the University of Greenland.

4. During her visit to Nuuk, Greenland, the Independent Expert met with representatives of the following: the Ombudsman of the Parliament of Greenland; the Ministry of Industry, Trade, Mineral Resources, Justice and Gender Equality; the Finance and Tax Committee; the Ministry of Statehood and Foreign Affairs; the Ministry of Housing and Infrastructure; parliamentary committees; and the Prime Minister’s Office. She met with the Chief of Police, the Country Judge and the head of the prison service. S he also h eld meetings with representatives of the Human Rights Council of Greenland and of the European Commission.

5. The Independent Expert met with civil society representatives from Denmark and Greenland and thanks them for their contribution towards gaining a broader understanding of international solidarity in practice. She held meetings with those representatives on topics such as Indigenous Peoples; gender equality and equality of lesbian, gay, bisexual, transgender and intersex persons; migrant and refugee protection ; and disability and environmental issues. The Independent Expert expresses her sincere gratitude to the Danish Institute for Human Rights for its innovative reports and website , through which it disseminates information on human rights issues around the world, ranging from challenges relating to fisheries and aquaculture to the use of artificial intelligence in government data processing and decision -making. Moreover, she applauds its creation of a helpline for persons experiencing discrimination or exclusion.

6. Furthermore, the Independent Expert is grateful to academics of the University of Copenhagen for facilitating an academic consultation on the revised draft declaration on the right to international solidarity.2

1 Greenland is a self-governing territory within the Kingdom of Denmark, pursuant to the Act on

persons experiencing discrimination or exclusion.

6. Furthermore, the Independent Expert is grateful to academics of the University of Copenhagen for facilitating an academic consultation on the revised draft declaration on the right to international solidarity.2

1 Greenland is a self-governing territory within the Kingdom of Denmark, pursuant to the Act on Greenland Self-Government of 12 June 2009. For more information, see https://english.stm.dk/theprime-ministers-office/the-unity-of-the-realm/greenland. 2 See https://www.ohchr.org/sites/default/files/documents/issues/solidarity/reviseddraftdeclarationrightInter nationalsolidarity.pdf and https://jura.ku.dk/cecs/calendar/2024/academic-consultation-on-therevised-draft-declaration-on-human-rights-and-international-solidarity/.A/HRC/59/40/Add.1 GE.25-05472 3

7. The Independent Expert also wishes to thank United Nations entities for the support provided before and during her visit.

8. The main purpose of the Independent Expert ’s visit to Denmark and Greenland was to learn more about, and gain a first-hand understanding of, issues relating to the experience and practice of international solidarity in Denmark and Greenland, including positive efforts that have been made in that direction and the remaining challenges. These challenges include structural discrimination against and stereotyping of Greenlandic persons, the return of forced migrants and externalization of cross-border migration, insufficient protection against gender-based violence, the risk of criminaliz ation of international solidarity activists, insufficient communication channels between civil society groups and government ministries, the fragmentation of solidarity issues among ministries, and conflicts between Greenlandic and Danish jurisdictions.

II. Applicable constitutional and human rights framework

9. Denmark has ratified most international human rights treaties. Two notable exceptions, however, are the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. The Independent Expert underlines the importance of ratification of both instruments.

10. International treaties ratified by Denmark apply to Greenland unless territorial

Social and Cultural Rights and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. The Independent Expert underlines the importance of ratification of both instruments.

10. International treaties ratified by Denmark apply to Greenland unless territorial declarations have been made by the government of Greenland. Withdrawal of these territorial exclusions requires the approval of the Parliament of Greenland . Territorial declarations restricting the application of treaties in Greenland have been made to the Optional Protocol to the Convention on the Rights of the Child on a communications procedure, the Optional Protocol to the Convention on the Rights of Persons with Disabi lities, the Paris Agreement on climate change and the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters . The Independent Expert encourages the Parliament of Greenland to pursue the withdrawal of th ose territorial declarations, given the vulnerability of children, persons with disabilities and the environment in Greenland.

11. In 2007, Denmark voted in favour of the adoption of the United Nations Declaration on the Rights of Indigenous Peoples. Prior to that, in 1996, it ratified the International Labour Organization (ILO) Indigenous and Tribal Peoples Convention, 1989 (No. 169). Upon ratification of the ILO Convention, the governments of Denmark and Greenland declared that Denmark had only one Indigenous People in the sense of th at Convention, namely the Inuit of Greenland.

12. Greenland is a self-governing territory of Denmark. Figures suggest that nearly 90 per cent of the population of around 56,600 is Inuit. The Greenland ic Inuit – the majority of whom identify as Kalaallit – have three major dialects of the Kalaallisut (Greenlandic) language: Kitaamiusut, spoken in the lower latitudes of west Greenland ; Inuktun/Avanersuarmiutut, spoken in the northernmost latitudes of west Greenland; and Ivi orasii/Tunumiusut, spoken in east Greenland. Despite regional differences in dialects, living

language: Kitaamiusut, spoken in the lower latitudes of west Greenland ; Inuktun/Avanersuarmiutut, spoken in the northernmost latitudes of west Greenland; and Ivi orasii/Tunumiusut, spoken in east Greenland. Despite regional differences in dialects, living conditions and climate, the Kalaallit identify themselves as one people who , in turn, also identify themselves as the Indigenous People of Greenland.

13. The system of self -government came into force on 21 June 2009, with the Act on Greenland Self-Government, which replaced the Greenland Home Rule Act of 29 November

1978. The Act on Greenland Self -Government recognizes the people of Greenland as a people under international law with the right of self -determination. It also recognizes Greenlandic as the official language of Greenland. The Act enables Greenland to take over responsibility for most of its internal matters except for the Constitution; nation ality and citizenship; the Supreme Court; foreign, defence and security policies (including the police); the exchange rate; and monetary policy. Lastly, the Act stipulates that the people of Greenland can decide to seek independence and establishes a procedure there for.A/HRC/59/40/Add.1

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14. To date, Greenland has assumed authority over a wide range of areas, including social issues, health, taxes, industry, the environment, natural resources, trade and education. In practice, there are significant problems relating to a lack of sufficient res ources for physical and mental healthcare and education in Greenland, as well as unremedied environmental damage related to military operations conducted in the territory. Moreover, a complex state of legal pluralism has been rendered more salient by increased concessions for the extraction of natural resources that may be approved by the government of Greenland but are allegedly not subject to the free and informed consent of the Inuit. European Union regulations are also relevant.3 The government of Greenland asserts that there is a system of public hearings and consultations on legislative and administrative acts. It claims that local communities are

of natural resources that may be approved by the government of Greenland but are allegedly not subject to the free and informed consent of the Inuit. European Union regulations are also relevant.3 The government of Greenland asserts that there is a system of public hearings and consultations on legislative and administrative acts. It claims that local communities are consulted and can indicate their objections, for example to zoning and mining exploration and exploitation. The government of Greenland recognizes that there is an obligation to conduct environmental and social impact assessments in processes that include the participation of Indigenous Peoples.

15. The branches of government in Greenland consist of the Inatsisartut (Parliament), the elected legislature ; and the Naalakkersuisut ( government), the executive branch. Justice affairs remain under Danish jurisdiction. In 2008, Denmark adopted the Administration of Justice Act for Greenland (Act No. 305) and the Criminal Code for Greenland (Act No. 306) to reform the judicial system of Greenland. There are cases requiring competence under both Danish and Greenlandic law, as there are intersecting issues which traverse jurisdictions.

16. The judicial reform retains some elements of the Inuit justice system: the principle of resocialization of offenders rather than punishment , and lay judges’ courts as district courts of first instance. The four lay judges ’ district courts follow the principle of geographical proximity to reach small remote se ttlements. The Court of Greenland, the court of first instance for more complex cases, and the High Court of Greenla nd, the appeal court, have judicial judg es. Judges in Greenland complete a short two-year education programme compared with the full legal education received at universities in Denmark; hence, there is a need to improve the quality of education in Greenland.

17. Greenland elects two representatives to the Parliament of Denmark, as part of the North Atlantic mandates, as does the Faroe Islands. Denmark appoints a high commissioner to coordinate between the Danish authorities and the government of Greenland.

18. Since 2014, the Danish Institute for Human Rights has acted as the national human rights institution for Greenland and works in close cooperation with the Human Rights

North Atlantic mandates, as does the Faroe Islands. Denmark appoints a high commissioner to coordinate between the Danish authorities and the government of Greenland.

18. Since 2014, the Danish Institute for Human Rights has acted as the national human rights institution for Greenland and works in close cooperation with the Human Rights Council of Greenland to address challenges , such as systemic discrimination and sexual violence, and call for compensation for human rights violations.4

III. International cooperation and good practices in international solidarity

19. Denmark has its solidarity roots in its background as one of the Scandinavian social democracies that sought to end social and economic inequalities through the values of the guild systems, churches engaged in social relief, and labo ur unions.5 At present, in Danish schools international solidarity as a value may be taught in the abstract or renamed as

3 Miriam Cullen, “Climate change, colonialism, and human rights in Greenland”, in Human Rights and Small States, Petra Butler and Jean-Pierre Gauci, eds. (Springer, forthcoming). See also Ulla Neergaard, “‘Eurarctic’: colonialism and EU-Greenland relations”, in Colonialism and the EU Legal Order, Hanna Eklund, ed. (Cambridge University Press, forthcoming). See also Regulation (EU) 2024/1252 of the European Parliament and of the Council of 11 April 2024 establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulations (EU) Nos. 168/2013, 2018/858, 2018/1724 and 2019/1020. 4 See https://menneskeret.dk/files/media/document/Beretning%20til%20Inatsisartut2022-23.pdf (in Danish). 5 Eric S. Einhorn, “The Scandinavian democratic model” Scandinavian Political Studies 203, cited by Cecilia M. Bailliet, “Introduction: researching international law and international solidarity”, in Research Handbook on International Solidarity and the Law, Cecilia M. Bailliet, ed. (Edward Elgar

5 Eric S. Einhorn, “The Scandinavian democratic model” Scandinavian Political Studies 203, cited by Cecilia M. Bailliet, “Introduction: researching international law and international solidarity”, in Research Handbook on International Solidarity and the Law, Cecilia M. Bailliet, ed. (Edward Elgar Publishing, 2024), p. 7.A/HRC/59/40/Add.1 GE.25-05472 5 “togetherness”, partly as a consequence of global challenges, such as climate change and the impact of globalization.6 The Independent Expert was encouraged to learn that there are many State institutions and civil society actors in Denmark and Greenland that promote networked international solidarity actions, linking State, corporate and civil society actors together to tackle common challenges and secure “the right to have rights” for everyone. She expressed her admiration for the work that they do and encouraged them to continue their efforts in implementing their mandates.

20. Denmark is a dedicated partner of multilateralism and supporter of international solidarity. It granted aid amounting to 0.67 per cent of gross national income for official development assistance in 2022 and aims to reach 0.7 per cent in the future.7 The Government has a financial target of 35 per cent of development aid being directed to climate response and adaptation projects, with a focus on those most at risk, including forcibly displaced persons.8 In its strategy for development cooperation, entitled “The world we share”, the Ministry of Foreign Affairs has set out a vision to support democracy in the global South through international solidarity with civil society actors:9

We will maintain strong and targeted support for defenders of democracy who are subject to harassment and attack – both online and physically. These include human rights advocates, journalists, trade union representatives, faith -based actors, environmental activists, etc. We will engage civil society in tackling the dark sides of digitisation and help build digital resilience. We will bolster open debate, freedom of opinion and freedom of expression in the digital era partly by supporting a free media. We will contribute to strengthening democratic institutions, including political parties,

environmental activists, etc. We will engage civil society in tackling the dark sides of digitisation and help build digital resilience. We will bolster open debate, freedom of opinion and freedom of expression in the digital era partly by supporting a free media. We will contribute to strengthening democratic institutions, including political parties, and, especially empowerment of women and young people, as an important part of democratic processes. And we will strengthen our interaction with public authorities, civil society and the business community in order to ensure progressive, responsible, democratic and safe development and application of technology with respect for human rights.

21. The Ministry of Foreign Affairs strongly supports the international solidarity participation of young people, such as by facilitating the Danish Youth Council to send youth delegates to international forums and support youth groups and youth political parties to support projects, in various countries in Africa, Asia and the Americas, addressing issues of equality and sexual and reproductive health, climate change and the environment, democracy, and vocational education and job creation.10 The sustained, engaged participation of young people in international solidarity actions is a very positive contribution to addressing global challenges. The Youth Delegate Program me’s uniqueness is that it is “by youth, for youth”, thereby empowering the voice of young people. It is surprising that the Danish Youth Council has never visited Greenland.

22. The Independent Expert met with representatives of the youth parties of the Socialist Party, the Liberal Party, the Conservative Party and the Radical Socialist Party. All youth parties have established partnerships with youth groups from other countries and have created and are implementing projects on a variety of topics , such as observation of elections, development, promotion of democracy, women ’s engagement in politics, and capacity-building on how to create a political party. Partnerships have been established in Azerbaijan, Georgia, Morocco, Rwanda, Ukraine, the United Republic of Tanzania and Zambia, among others. Youth parties receive funding from the Danish Youth Council and the Ministry of Foreign Affairs ; nevertheless, their focus is primarily on domestic issues.

They have not crea ted networks with the private sector. The youth part y representatives

Zambia, among others. Youth parties receive funding from the Danish Youth Council and the Ministry of Foreign Affairs ; nevertheless, their focus is primarily on domestic issues. They have not crea ted networks with the private sector. The youth part y representatives

6 Jonas Lieberkind, “Democracy and togetherness: between students’ educational and political status – a study of primary and lower secondary education in Denmark”, Multicultural Education Review, vol. 12, No. 1 (2020), pp. 17–30; and Thomas W. Nielsen and Jennifer S. Ma, “Examining the social characteristics underpinning Danish ‘hygge’ and their implications for promoting togetherness in multicultural education”, Multicultural Education Review, vol. 13, No. 2 (2021), pp. 179–189. 7 See https://qery.no/only-four-countries-hit-un-0-7-foreign-aid-target-in-2022/. 8 See https://stateofgreen.com/en/news/denmark-to-increase-its-green-development-cooperation-to-anall-time-high/. 9 See https://amg.um.dk/policies-and-strategies/stategy-for-danish-development-cooperation. 10 For more information, see https://en.duf.dk.A/HRC/59/40/Add.1 6 GE.25-05472 indicated a critical perspective of the United Nations, for example that it was perceived as one-sided on certain issues, and there was disappointment at the lack of condemnation of violations perpetrated by powerful countries and at the Organization ’s inability to issue sanctions against violators of international law. The youth representatives indicated scepticism of the capacity of the United Nations to really make a change. They expressed the view that the majority of the Danish population agree d with D anish migration policy (although externalization was still a divisive topic); however, a substantial minority disagreed and had distanced themselves from the stricter views of the main parties. They also indicated that the demonstrations concerning Israel and Gaza had fuelled new discussions on migration.

view that the majority of the Danish population agree d with D anish migration policy (although externalization was still a divisive topic); however, a substantial minority disagreed and had distanced themselves from the stricter views of the main parties. They also indicated that the demonstrations concerning Israel and Gaza had fuelled new discussions on migration. They expressed a lack of hope regarding the international community ’s ability to resolve global challenges , such as climate change, implicitly underscoring the potential value of promoting an international solidarity approach.

23. Denmark participates in the Just Energy Transition Partnership to help countries in different regions of the world transition from coal to renewable energy.11 Nevertheless, there are studies that caution that Just Energy Transition Partnership s carry a risk of protecting investors rather than host societies, while creating a chilling effect on regulations to protect the environment and sacrificing social safeguards . The Independent Expert therefore recommends a human rights and environmental review of their impact. 12 The Government has also pursued 14 partnerships with private sector actors to reduce greenhouse gas emissions by 70 per cent by 2030.13

24. A particularly innovative actor in international solidarity is the Investment Fund for Developing Countries. It provides a model for international solidarity for sustainable development through its investment projects ; it follows a human rights matrix at the preinvestment stage to assess due diligence obligations and risks in Africa, Asia, Latin America and parts of Europe. 14 The Fund’s investments are intended to support the green transition and contribute to poverty alleviation and reduced inequality. It promotes good working conditions and social ly and environmentally sustainable output s. It also examines gender issues, such as women’s representation on boards and their participation in the workforce. Its policies may serve as inspiration for other corporations and investors engaged in projects in regions marked by environmental and stakeholder vulnerability, in keeping with the

European Union Corporate Sustainability Due Diligence Directive.15

25. The municipality of Copenhagen pursues targeted solidarity programmes, such as the following: (a) the “City of Talents” programme for employers , with a focus on divers ity recruitment and unconscious bias; (b) financial support for an organization representing

European Union Corporate Sustainability Due Diligence Directive.15

25. The municipality of Copenhagen pursues targeted solidarity programmes, such as the following: (a) the “City of Talents” programme for employers , with a focus on divers ity recruitment and unconscious bias; (b) financial support for an organization representing ethnic minority lesbian, gay, bisexual, transgender and intersex persons; and (c) an advisory committee on initiatives for the Inuit people of Greenland. Local civil society organizations lead international solidarity marches in Copenhagen and other Danish cities, provide support to civil society in countries in Africa and other regions and promot e corporate sustainable investment by Danish and Nordic investors.

26. The Danish police have a dedicated policy of pursuing primary dialogue with civil society activists who would like to hold public demonstrations of international solidarity – before, during and after the event. Civil society groups have a right to engage in freedom of expression and peaceful assembly in Denmark, and the police provide them with information to ensure logistical success. Civil society groups are encouraged to notify the police 24 hours ahead of an event so that the police can provide proper support.16 This policy is exemplary at a time when civil society spaces in m any countries are closing to international solidarity demonstrations. In May 2024, students of the University of Copenhagen set up a peaceful

11 See, for example, https://vietnam.um.dk/en/climate-energy/vietnam-energy-outlook-report. 12 Celine Tan, Anil Yilmaz Vastardis and Gamze Erdem Türkelli, “Evaluation of the Just Energy Transition Investment Plan (JET-IP)”, policy brief, contribution to the Climate Finance for Equitable Transitions (CLiFT) project (30 March 2023). 13 See https://climatepartnerships2030.com. 14 See https://www.ifu.dk/en/about-ifu/. 15 For more information, see https://www.corporate-sustainability-due-diligencedirective.com/CSDDD_Links.html.

13 See https://climatepartnerships2030.com. 14 See https://www.ifu.dk/en/about-ifu/. 15 For more information, see https://www.corporate-sustainability-due-diligencedirective.com/CSDDD_Links.html. 16 See https://politi.dk/offentlige-arrangementer/information-om-arrangementer/demonstration-og-optog (in Danish).A/HRC/59/40/Add.1 GE.25-05472 7 solidarity encampment on campus and negotiated with the university to divest from companies that were doing business in the occupied West Bank. The following month, however, pro-Palestinian activists were arrested in front of a Danish shipping and logistics company’s building on charges of disturbing the peace when they protested against the company’s transfer of arms ; others were arrested for blocking the entrance to the Danish Parliament when protesting against the Government’s military assistance to Isra el. It is important that the police abide by the aim of using the least -intrusive methods and respect the principles of participation, accountability, non -discrimination, differentiation and attention to vulnerability and equality when managing public solidarity protests.

27. In Greenland, the Independent Expert witnessed international solidarity in action as Greenlandic civil society organizations gave voice to vulnerable communities seeking greater enjoyment of their human rights, including with regard to access to a good education, healthcare and the right to a clean, healthy environment. She also witnessed solidarity through the work of the High Court of Greenland , which disseminates law to teachers and students, translating material into the Greenlandic language , in ord er to increase legal knowledge and encourage the study of law at university. The police force, which is composed of Danish and Greenlandic police officers, visits schools all over Greenland to teach children how to protect themselves from sexual abuse and violence. The United Nations Children ’s Fund (UNICEF) National Committee holds “democratic Nakuusa forums”, where Gre