54
ANNUAL REPORT 2015
In September 2015, the Ministry of Immigration, Integration and Housing and
the Immigration Service placed an advertisement in Lebanese newspapers. The
advertisement contained a number of brief particulars on restrictive parts of the
Danish asylum system, among other things on the postponed right to family
reunification and fast repatriation of rejected asylum seekers. The purpose was
to correct false information in the refugee community.
COURSE OF EVENTS IN THE
ADVERTISEMENT CASE
7 September 2015: The Ministry of Immigration, Integration and Housing and
the Immigration Service place a brief
advertisement in four Lebanese newspapers regarding parts of the Danish asylum
system. The authorities also publish the
advertisement in, among other places,
social media in the Lebanon and at asylum
centres in Denmark.
18 September 2015: The Ombudsman
takes up the case. He chooses to focus on
the newspaper advertisement, which is
the basis of the information drive.
2 and 23 October 2015: The Ministry
gives a statement in reply to the Ombudsman’s request for comments.
10 December 2015: The Ombudsman
publishes his statement with the criticism
that the advertisement did not give ‘a
true and fair view’.
10 December 2015: The Minister and
the Ministry release a press statement
in which they declare that they disagree
with the Ombudsman.
17 December 2015: The Ministry gives additional comments to the Ombudsman’s
statement. The Ministry states, among
other things, that target groups and
precision in communication will be kept in
mind in future information drives.
18 December 2015: The Ombudsman declares himself satisfied with the outcome
of the case.
I stated that the advertisement must be judged according to the rules and principles that apply to public authorities’ guidance of citizens on their legal status, and
that the conditions for Syrian refugees had to influence
the judgment to a significant degree. I concluded that
the advertisement did not give a true and fair view. The
Ministry assessed the advertisement differently but has
subsequently made a statement which should imply that
the problem will at any rate not repeat itself.
This case was also haunted by the issue of ‘political
communication’. To me, the Ministry used expressions
such as ‘communication of political initiatives’ about
the advertisement and referred to the rules that apply to
ministers’ replies to questions from Parliament according to the Ministry of Finance’s so-called Codex VII.
However, as Ombudsman I had to judge the advertisement on its own grounds, meaning as official dissemination of information.
A TECHNICAL FORMULA
FOR A SOCIETAL PRINCIPLE
The Eritrea case and the advertisement case illustrate
each in its own way the problematic issue of ministers’
political communication and its scope. Ministers need
to be able to participate in political communication,
probably more today than ever before. It is important
to understand and recognise this. But their role and
responsibility as heads of administration set boundaries
for what they can communicate. They need to know
which hat they are wearing.
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