A/HRC/4/27
page 8
II. ISSUES
A. The Special Rapporteur’s visit to Denmark
22.
At the invitation of the Danish Human Rights Institute, the Special Rapporteur went to
Denmark in April 2006 to participate in a number of meetings, including with Government
officials, in which he gathered significant information regarding the “Danish Cartoons Affaire”.
23.
On September 2005, the publication in the newspaper Jylland Posten, of a series of
cartoons depicting Prophet Muhammad as, inter alia, a terrorist, provoked anger within the
Muslim community in Denmark. This event followed the broadcasting in August 2005 by the
Danish Radio Holger of a controversial programme in which the radio-speaker delivered a hate
speech calling for the deportation of all Muslims back to their countries of origin, or
alternatively, for their physical elimination from European soil. Shortly after the broadcasting of
that programme, the Danish National Radio and TV Commission withdrew Radio Holger’s
licence for three months.
24.
In spite of significant efforts to defuse the tension caused by the publication of the
drawings, the quarrel spread beyond Danish borders. The Arab League’s Ministers Council, at a
Conference held in Cairo in December 2005, issued a statement expressing surprise and
discontent at the failure of the Danish Government to act against the newspaper. The
Prime Minister of Denmark, in his 2006 New Year’s address, condemned attempts to demonize
groups of people based on their religion without explicitly referring to the Jyllands Posten case.
The Prime Minister had earlier reiterated that, in Denmark, the press and media are completely
independent from the political power and that his Government has no intention of breaking this
long-established tradition.
25.
On 30 January 2006, Jyllands Posten issued a press statement apologizing to the Muslim
world stressing that it had not been their intention to be offensive. The newspaper’s statement
was followed by a press statement of the Danish Prime Minister on 31 January in which, while
emphasizing that Denmark attaches fundamental importance to the freedom of expression, he
stressed that the Danish Government condemns any expression that attempts to discriminate
against people on the basis of their religion or ethnic background.
26.
In early February, Ministers from several Arab countries urged the Government of
Denmark to act against Jyllands Posten for offences to Islam. In the following wave of protests
that spread throughout the Muslim world, around 200 people lost their lives. In addition, Danish
embassies and other Western offices were attacked by the mob, Danish goods and products
banned in Muslim countries’ markets, and some Westerners briefly kidnapped by extremist
organizations. Reportedly, several death threats were issued against the cartoon illustrators and
the newspaper.
Special Rapporteur’s findings
27.
In Denmark, article 77 of the Constitution prohibits censorship and preventive
measures. The Danish Media Liability Act (6 June 1991) established the Danish Press Council
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