Western Europe

U.K. -- Amicus submission to the Aarhus Convention Compliance Committee (prohibitive costs of litigation) (2009)

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The Amicus submission concerns the following complaints heard by the Compliance Committee on 1 July 2009:

ACCC/C/2008/23 (Mr Morgan) (Complaint 23)

ACCC/C/2008/27 (Cultra Residents’ Association) (Complaint 27)

ACCC/C/2008/33 (James Thornton et al) (Complaint 33)

HINGITAQ 53 vs. Denmark, Application No. 18584/04 (decision from European Court of Human Rights as to admissibility of application)

THE FACTS The applicants are 428 individuals from the Thule District in Greenland, and Hingitaq 53, a group that represents the interests of relocated Inughuit (the Thule Tribe) and their descendants in a legal action against the Danish Government.  They were represented before the Court by Mr Christian Harlang, a lawyer practising in Copenhagen.

A.  The circumstances of the case The facts of the case, as submitted by the applicants, may be summarised as follows.

Supreme Court of Denmark, Decision of November 28, 2003, in cases 489/1999 and 490/1999, Hingitaq 53 v. The Danish Prime Minister’s Office

(This is an excerpt taken from the Danish Supreme Court decision reproduced in the ECHR decision in Hingitaq 53 v.  Denmark)

In a judgment of 28 November 2003 the Supreme Court unanimously upheld the High Court’s judgment and held as follows:

Report of the Committee set up to examine the representation alleging non-observance by Denmark of ILO 169 (2000) (relocation of the population of the Uummannaq community in the Thule District of Greenland)


REPRESENTATION (article 24) - 2000 - DENMARK - C169 ----
Report of the Committee set up to examine the representation alleging
non-observance by Denmark of the Indigenous and Tribal Peoples Convention,
1989 (No. 169), made under article 24 of the ILO Constitution by the National
Confederation of Trade Unions of Greenland (Sulinermik
Inuussutissarsiuteqartut Kattuffiat-SIK) (SIK)



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