Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 169) relative aux peuples indigènes et tribaux, 1989 - Groenland

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The Committee notes the report submitted in August 2013 by the Government of Denmark and the Government of Greenland, providing information on the establishment of the Greenland Human Rights Council which has held its constituent meeting on 4 March 2013. The Committee invites the Government to include in its next report information on the activities of the Greenland Human Rights Council in relation to matters covered by the Convention.

Article 12. Legal proceedings. In reply to the previous direct request, the Committee notes from the report that district courts maintain a local presence and that staff and district court judges are recruited among the local population. District court judges must be fluent in Greenlandic and Danish. At the moment, there is a lack of district court judges as it is difficult to find people in the Greenlandic society who are both qualified for and interested in that particular work. The Committee notes the observations made by the Greenland Organization for Employees of the Health Sector (PPK). The PPK finds that the Greenlandic judicial system does not function optimally with regard to civil suits, including cases concerning labour law issues. The Committee also notes that the Danish Minister of Justice has asked the Council on the Judicial System of Greenland to consider how a more efficient administration of civil cases may be secured. The Council has met and will present recommendations to the Minister of Justice. The Committee invites the Government to include in its next report information on measures taken to improve the efficiency of the administration of justice and district courts in Greenland. Please also indicate the methods which ensure that the peoples concerned are able to take legal proceedings for the protection of their rights. Moreover, if courts of law have rendered decisions involving questions relating to the application of the Convention, please include extracts or copies of these decisions (Part IV of the report form).

Article 15. Natural resources. The Committee notes the Large Scale Projects Act which was adopted by Greenland’s Parliament on 7 December 2012. Under the Act, a permit can only be issued after an impact benefit agreement (IBA), preceded by a social sustainability assessment (SSA). The SSA report is the basis for IBA negotiations and must be submitted to authorities, the labour market parties and the local associations and organizations for consultation prior to the commencement of the IBA negotiations. Changes in government following the March 2013 elections have led to an announcement indicating the intention to revise the Large Scale Projects Act. The Committee invites the Government to provide in its next report information on the manner in which the Large Scale Projects Act ensures that the peoples concerned are consulted before any programme is undertaken or authorized for the exploration or exploitation of resources pertaining to their lands and are able to participate in the benefits of such activities. The Committee also invites the Government to include information on the impact of the implementation of the Large Scale Projects Act in guaranteeing the participation of indigenous peoples in the formulation, application and evaluation of plans and programmes which may affect them directly (Article 7).