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13 March 2001
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CERD
58th session
13 March 2001
Afternoon
The Committee on the Elimination of Racial Discrimination this afternoon began its examination of the fifteenth periodic report of Germany on how that country implements the rights that are contained in the International Convention on the Elimination of all Forms of Racial Discrimination.
A Government delegation told Committee Experts that the most fundamental value recognized by the German Constitution was the dignity of human beings.
Walter Lewalter, the Ambassador and Permanent Representative of Germany to the United Nations Office at Geneva, said his country in the mid-1990s had experienced increasing numbers of racist and xenophobic activities. Because of concerted efforts from the police and Government authorities, the numbers had dropped. Battling racist and xenophobic activities was a priority for the Government. Integration could be achieved by respecting different cultural practices and habits.
Other members of the delegation said that the Government, other competent agencies and the general public in Germany were taking racist and xenophobic acts very seriously, particularly in light of German history. Law enforcement authorities were taking vigorous measures against these crimes. This was important, but not sufficient. Equally important were the initiatives that encouraged relations in a peaceful spirit of understanding between all people living in Germany so as to avert criminal incidents of this nature in the future. The most important thing was to change the political and social climate in Germany. People could no longer remain silent and turn a blind eye to events.
Joining Mr. Lewalter on the delegation was Klaus Stoltenberg, the Commissioner for Human Rights in the Federal Ministry of Justice; Edgar Radziwill, a Counsellor at the Federal Ministry of Justice; Richard Blath, a Counsellor at the Federal Ministry of Justice; Jurgen Haberland, a Counsellor at the Federal Ministry of the Interior; Birgit Zeitz, First Secretary of the Federal Ministry of Labour and Social Affairs; Peter Rothen, a Counsellor at the Permanent Mission of Germany in Geneva; and Robert Dieter, First Secretary at the Permanent Mission of Germany in Geneva.
Committee Experts who posed questions to the delegation were the Rapporteur on the report Marc Bossuyt, Regis De Gouttes, Luis Valencia Rodriguez, Mahmoud Aboul-Nasr, Yuri A. Rechetov, Tang Chengyuan, Ion Diaconu, Patrick Thornberry, Agha Shahi, and Mario Jorge Yutzis.
The Committee also discussed the draft declaration and programme of action of the World Conference against Racism, which will be held in South Africa later this year.
The Committee will meet again at 10 a.m. on Wednesday, 14 March to hear a statement from Mary Robinson, the United Nations High Commissioner for Human Rights. Following her remarks, the Committee will conclude its public consideration of the fifteenth periodic report of Germany after listening to the responses of the German delegation to the questions raised this afternoon.
Fifteenth Periodic Report of Germany
The fifteenth periodic report of Germany (CERD/C/338/Add.14) describes, on an article-by-article basis, how the country adheres to the provisions and mandates enshrined in the International Convention on the Elimination of all Forms of Racial Discrimination. The document details efforts to protect individual ethnic groups in Germany, as well as undertakings aimed at combatting racist propaganda and organizations. It also illustrates the country's comprehensive policies in the protection of human rights, and in the protection against racially discriminatory activities. It addresses xenophobic crimes, the causes, the opinions of the German populace, police and criminal law measures, complaints against German police officers, legislative measures, redress for racially discriminatory incidents and the setting up of a national centre with the task of implementing the Convention.
The report states that Germany acceded to the Convention in 1969. There is a prohibition of discriminating against a person because of his or her race, and there are protections for all people against discrimination, especially for reasons of national origin or race. That is an objective of outstanding importance to German law and German politics. As of June 1998, there were approximately 68,500 members of the Jewish community, a number that had more than doubled since 1990 because of immigration from the Commonwealth of Independent States. In that time, the number of Jewish communities rose from 67 to 72. The Federal Government is aware of Germany's historical responsibilities towards Jews. Scientific research at nearly all universities and at many special institutes increasingly deals with the history of Jews in Germany and the history of the Holocaust.
The document describes the Government's ban on associations that are not political parties and if their purposes or activities contravene criminal laws or if they are against the constitutional order or against the philosophy of international understanding. The Government believes that the effective prosecution of serious infringements against humanitarian international law is a major contribution to the worldwide protection of human rights. The Federal Government also advocates the establishment of a permanent International Criminal Court that is to be responsible for the prosecution and punishment of the most severe crimes, including genocide, war crimes, and crimes against humanity.
The report also provides many statistics, including the total number of xenophobic crimes year-by-year during the 1990s, as well as the number of anti-Semitic crimes. The report also says that the Federal Ministry of the Interior analysed the causes of hate crimes. The document also provides details on the opinions of the people of Germany.
Presentation of the Report of Germany
WALTER LEWALTER, the Ambassador and Permanent Representative of Germany to the United Nations Office at Geneva said the country in the mid-1990s had experienced increasing numbers of racist and xenophobic activities. Because of concerted efforts from the police and Government authorities, the numbers had dropped. Battling racist and xenophobic activities was a priority for the Government. The most fundamental value recognized by the German Constitution was the dignity of human beings. It was not sufficient to establish this. All aspects of society needed to recognize and practice this. Integration could be achieved by respecting different cultural practices and habits.
Another member of the delegation said recent right-wing extremist, xenophobic, racist and especially anti-Semitic attacks had attracted a lot of attention at home and abroad. The Government, other competent agencies and the general public in Germany were taking these despicable acts very seriously, particularly in light of German history. The Government opposed any attempt to gloss over these criminal acts. Whoever took full note of realities, however shameful they were, would alone be in a position to see clearly and effectively what had to be done to avoid such acts in the future. Law enforcement authorities were taking vigorous measures against these crimes. This was important, but not sufficient. Equally important were the initiatives that encouraged relations in a peaceful spirit of understanding between all people living in Germany so as to avert criminal incidents of this nature in the future. The most important thing was to change the political and social climate in Germany. People could no longer remain silent and turn a blind eye to events.
The delegation said that on the occasion of the 50th anniversary of the European Convention on Human Rights, the Government had given an important political signal by signing the 12th Protocol to the Convention, which prohibits discrimination. The urgent appeal directed to the Government by the High Commissioner for Human Rights to submit to the communications procedure by making a declaration under Article 14 of the Convention would give the Government cause to examine the question anew -- conscientiously and carefully. Last week, the independent German Institute of Human Rights was established as an institution in civil society in Berlin. This was following the Paris Principles of the United Nations. The German Federal Parliament had set up an independent Human Rights Committee for the first time. And the Federal Government's Human Rights Report, which must be submitted to the German Federal Parliament every two years, was now more strongly oriented towards the internal human rights situation.
The delegation said that in the fight against racist propaganda, in 1998 there were 474 people who were convicted for disseminating propaganda material, and 423 convicted for using the symbols of unconstitutional organizations. The Internet was playing an ever-larger role because racist and xenophobic propaganda could be disseminated globally within a very short space of time. At the end of June 2000, an international conference to combat hate and right-wing extremism on the Internet had been convened, and in the Berlin Declaration, it was made clear that there would have to be prosecution of criminal offenses, and global and commercial exploitation of hate on the Internet must be opposed.
The delegation said it was important to note that the Government had submitted an application to the Federal Constitutional Court for a declaration of the unconstitutionality of the right-wing extremist "National Democratic Party of Germany" (NPD) and that both chambers of Parliament would be making applications to the same effect. The material gathered against the NPD clearly showed that the party wished to do away with the free democratic basic order and was displaying an increasingly aggressive and combative attitude. And on 14 September 2000, the Federal Minister of the Interior banned the neo-Nazi skinhead group "Blood and Honour Division in Germany" and its youth organization. These groups were directing their energies against the constitutional order and the conception of international understanding. Their main activity was in the propaganda field, particularly through their organization of right-wing extremist concerts for skinheads. The ban, which had not yet come into final and binding effect, had not failed to have an impact on the subculture in question, and the prominent activists had at least been impaired by their ability to act. Germany was the first State to fight against this international movement by means of a ban.
Discussion
Committee Expert Marc Bossuyt, the Rapporteur on the report, said it was difficult to analyse the situation in Germany because it was a large country with many ethnic groups. It seemed there were three main areas that were most worthy of attention: protection of minorities, treatment of foreigners, and the attitudes of the extreme right. In 1997, unemployment had reached a high level, and the activities of the extreme right had increased significantly. In the eastern part of Germany, in a highly depressed area, an extreme right party had received 13 per cent of the vote.
Mr. Bossuyt asked about naturalization for foreigners in Germany. It appeared to be relatively difficult, even for those who had lived there for a long time. Children born in Germany become citizens if at least one of the parents had legal residence for eight years and had a legal residence permit for three years. How could someone live there legally for eight years without a legal permit for three years?
On asylum seekers, Mr. Bossuyt said there were 438,000 applications in 1992. That number dropped to 78,000 in 2000. In 1999, the approval rate was 4.3 per cent.
Mr. Bossuyt said an Amnesty International report revealed mistreatment by German police against foreigners. The report provided a number of cases of mistreatment of a German of Turkish origin, a Turk, a journalist, a prisoner with a Greek name, a Tunisian taxi driver, and a Nigerian, amongst others.
Mr. Bossuyt said action had been taken for incitement of discrimination, or for the use of hate symbols. In August 1992, the Constitutional Court had rejected the Government's request to strip two extreme right-wingers of basic human rights. There was deep-rooted prejudice and latent fear, particularly amongst the less educated and the unemployed. Were there statistics about the drop in unemployment also decreasing the number of incidents of extreme right-wing activity? The report talked about the many efforts of the Government to combat racism and discrimination by the Government. That was a welcome effort.
Other Committee Experts asked the delegation about specifics of banning the NPD and other extreme right-wing associations; measures taken to counter racist propaganda; consideration of a national body to promote the provisions of the Convention; the need for monitoring racist manifestations; foreigners' participation in society; foreigners' access to courts; the increase in anti-Semitic offenses; training courses for police officers in their handling of foreigners; if tourists who had been discriminated against could be compensated; German pharmaceutical companies that produced medicine for the treatment of HIV/AIDS; mines that were laid in Egypt and North Africa during World War II; the fund established to compensate victims of forced labour during World War II; the use of public media to spread anti-hate messages; teaching of tolerance in public schools; measures against corruption; the Turkish and Yugoslavian minorities; schools that teach in Turk or Serb mother tongues; national minorities; de facto residential segregation; the dissemination of hate messages on the Internet; the mentality and outlook of police officers; the teaching of Islam in schools; pluralism, individualism and globalization; and respect for identity.
* *** *
58th session
13 March 2001
Afternoon
The Committee on the Elimination of Racial Discrimination this afternoon began its examination of the fifteenth periodic report of Germany on how that country implements the rights that are contained in the International Convention on the Elimination of all Forms of Racial Discrimination.
A Government delegation told Committee Experts that the most fundamental value recognized by the German Constitution was the dignity of human beings.
Walter Lewalter, the Ambassador and Permanent Representative of Germany to the United Nations Office at Geneva, said his country in the mid-1990s had experienced increasing numbers of racist and xenophobic activities. Because of concerted efforts from the police and Government authorities, the numbers had dropped. Battling racist and xenophobic activities was a priority for the Government. Integration could be achieved by respecting different cultural practices and habits.
Other members of the delegation said that the Government, other competent agencies and the general public in Germany were taking racist and xenophobic acts very seriously, particularly in light of German history. Law enforcement authorities were taking vigorous measures against these crimes. This was important, but not sufficient. Equally important were the initiatives that encouraged relations in a peaceful spirit of understanding between all people living in Germany so as to avert criminal incidents of this nature in the future. The most important thing was to change the political and social climate in Germany. People could no longer remain silent and turn a blind eye to events.
Joining Mr. Lewalter on the delegation was Klaus Stoltenberg, the Commissioner for Human Rights in the Federal Ministry of Justice; Edgar Radziwill, a Counsellor at the Federal Ministry of Justice; Richard Blath, a Counsellor at the Federal Ministry of Justice; Jurgen Haberland, a Counsellor at the Federal Ministry of the Interior; Birgit Zeitz, First Secretary of the Federal Ministry of Labour and Social Affairs; Peter Rothen, a Counsellor at the Permanent Mission of Germany in Geneva; and Robert Dieter, First Secretary at the Permanent Mission of Germany in Geneva.
Committee Experts who posed questions to the delegation were the Rapporteur on the report Marc Bossuyt, Regis De Gouttes, Luis Valencia Rodriguez, Mahmoud Aboul-Nasr, Yuri A. Rechetov, Tang Chengyuan, Ion Diaconu, Patrick Thornberry, Agha Shahi, and Mario Jorge Yutzis.
The Committee also discussed the draft declaration and programme of action of the World Conference against Racism, which will be held in South Africa later this year.
The Committee will meet again at 10 a.m. on Wednesday, 14 March to hear a statement from Mary Robinson, the United Nations High Commissioner for Human Rights. Following her remarks, the Committee will conclude its public consideration of the fifteenth periodic report of Germany after listening to the responses of the German delegation to the questions raised this afternoon.
Fifteenth Periodic Report of Germany
The fifteenth periodic report of Germany (CERD/C/338/Add.14) describes, on an article-by-article basis, how the country adheres to the provisions and mandates enshrined in the International Convention on the Elimination of all Forms of Racial Discrimination. The document details efforts to protect individual ethnic groups in Germany, as well as undertakings aimed at combatting racist propaganda and organizations. It also illustrates the country's comprehensive policies in the protection of human rights, and in the protection against racially discriminatory activities. It addresses xenophobic crimes, the causes, the opinions of the German populace, police and criminal law measures, complaints against German police officers, legislative measures, redress for racially discriminatory incidents and the setting up of a national centre with the task of implementing the Convention.
The report states that Germany acceded to the Convention in 1969. There is a prohibition of discriminating against a person because of his or her race, and there are protections for all people against discrimination, especially for reasons of national origin or race. That is an objective of outstanding importance to German law and German politics. As of June 1998, there were approximately 68,500 members of the Jewish community, a number that had more than doubled since 1990 because of immigration from the Commonwealth of Independent States. In that time, the number of Jewish communities rose from 67 to 72. The Federal Government is aware of Germany's historical responsibilities towards Jews. Scientific research at nearly all universities and at many special institutes increasingly deals with the history of Jews in Germany and the history of the Holocaust.
The document describes the Government's ban on associations that are not political parties and if their purposes or activities contravene criminal laws or if they are against the constitutional order or against the philosophy of international understanding. The Government believes that the effective prosecution of serious infringements against humanitarian international law is a major contribution to the worldwide protection of human rights. The Federal Government also advocates the establishment of a permanent International Criminal Court that is to be responsible for the prosecution and punishment of the most severe crimes, including genocide, war crimes, and crimes against humanity.
The report also provides many statistics, including the total number of xenophobic crimes year-by-year during the 1990s, as well as the number of anti-Semitic crimes. The report also says that the Federal Ministry of the Interior analysed the causes of hate crimes. The document also provides details on the opinions of the people of Germany.
Presentation of the Report of Germany
WALTER LEWALTER, the Ambassador and Permanent Representative of Germany to the United Nations Office at Geneva said the country in the mid-1990s had experienced increasing numbers of racist and xenophobic activities. Because of concerted efforts from the police and Government authorities, the numbers had dropped. Battling racist and xenophobic activities was a priority for the Government. The most fundamental value recognized by the German Constitution was the dignity of human beings. It was not sufficient to establish this. All aspects of society needed to recognize and practice this. Integration could be achieved by respecting different cultural practices and habits.
Another member of the delegation said recent right-wing extremist, xenophobic, racist and especially anti-Semitic attacks had attracted a lot of attention at home and abroad. The Government, other competent agencies and the general public in Germany were taking these despicable acts very seriously, particularly in light of German history. The Government opposed any attempt to gloss over these criminal acts. Whoever took full note of realities, however shameful they were, would alone be in a position to see clearly and effectively what had to be done to avoid such acts in the future. Law enforcement authorities were taking vigorous measures against these crimes. This was important, but not sufficient. Equally important were the initiatives that encouraged relations in a peaceful spirit of understanding between all people living in Germany so as to avert criminal incidents of this nature in the future. The most important thing was to change the political and social climate in Germany. People could no longer remain silent and turn a blind eye to events.
The delegation said that on the occasion of the 50th anniversary of the European Convention on Human Rights, the Government had given an important political signal by signing the 12th Protocol to the Convention, which prohibits discrimination. The urgent appeal directed to the Government by the High Commissioner for Human Rights to submit to the communications procedure by making a declaration under Article 14 of the Convention would give the Government cause to examine the question anew -- conscientiously and carefully. Last week, the independent German Institute of Human Rights was established as an institution in civil society in Berlin. This was following the Paris Principles of the United Nations. The German Federal Parliament had set up an independent Human Rights Committee for the first time. And the Federal Government's Human Rights Report, which must be submitted to the German Federal Parliament every two years, was now more strongly oriented towards the internal human rights situation.
The delegation said that in the fight against racist propaganda, in 1998 there were 474 people who were convicted for disseminating propaganda material, and 423 convicted for using the symbols of unconstitutional organizations. The Internet was playing an ever-larger role because racist and xenophobic propaganda could be disseminated globally within a very short space of time. At the end of June 2000, an international conference to combat hate and right-wing extremism on the Internet had been convened, and in the Berlin Declaration, it was made clear that there would have to be prosecution of criminal offenses, and global and commercial exploitation of hate on the Internet must be opposed.
The delegation said it was important to note that the Government had submitted an application to the Federal Constitutional Court for a declaration of the unconstitutionality of the right-wing extremist "National Democratic Party of Germany" (NPD) and that both chambers of Parliament would be making applications to the same effect. The material gathered against the NPD clearly showed that the party wished to do away with the free democratic basic order and was displaying an increasingly aggressive and combative attitude. And on 14 September 2000, the Federal Minister of the Interior banned the neo-Nazi skinhead group "Blood and Honour Division in Germany" and its youth organization. These groups were directing their energies against the constitutional order and the conception of international understanding. Their main activity was in the propaganda field, particularly through their organization of right-wing extremist concerts for skinheads. The ban, which had not yet come into final and binding effect, had not failed to have an impact on the subculture in question, and the prominent activists had at least been impaired by their ability to act. Germany was the first State to fight against this international movement by means of a ban.
Discussion
Committee Expert Marc Bossuyt, the Rapporteur on the report, said it was difficult to analyse the situation in Germany because it was a large country with many ethnic groups. It seemed there were three main areas that were most worthy of attention: protection of minorities, treatment of foreigners, and the attitudes of the extreme right. In 1997, unemployment had reached a high level, and the activities of the extreme right had increased significantly. In the eastern part of Germany, in a highly depressed area, an extreme right party had received 13 per cent of the vote.
Mr. Bossuyt asked about naturalization for foreigners in Germany. It appeared to be relatively difficult, even for those who had lived there for a long time. Children born in Germany become citizens if at least one of the parents had legal residence for eight years and had a legal residence permit for three years. How could someone live there legally for eight years without a legal permit for three years?
On asylum seekers, Mr. Bossuyt said there were 438,000 applications in 1992. That number dropped to 78,000 in 2000. In 1999, the approval rate was 4.3 per cent.
Mr. Bossuyt said an Amnesty International report revealed mistreatment by German police against foreigners. The report provided a number of cases of mistreatment of a German of Turkish origin, a Turk, a journalist, a prisoner with a Greek name, a Tunisian taxi driver, and a Nigerian, amongst others.
Mr. Bossuyt said action had been taken for incitement of discrimination, or for the use of hate symbols. In August 1992, the Constitutional Court had rejected the Government's request to strip two extreme right-wingers of basic human rights. There was deep-rooted prejudice and latent fear, particularly amongst the less educated and the unemployed. Were there statistics about the drop in unemployment also decreasing the number of incidents of extreme right-wing activity? The report talked about the many efforts of the Government to combat racism and discrimination by the Government. That was a welcome effort.
Other Committee Experts asked the delegation about specifics of banning the NPD and other extreme right-wing associations; measures taken to counter racist propaganda; consideration of a national body to promote the provisions of the Convention; the need for monitoring racist manifestations; foreigners' participation in society; foreigners' access to courts; the increase in anti-Semitic offenses; training courses for police officers in their handling of foreigners; if tourists who had been discriminated against could be compensated; German pharmaceutical companies that produced medicine for the treatment of HIV/AIDS; mines that were laid in Egypt and North Africa during World War II; the fund established to compensate victims of forced labour during World War II; the use of public media to spread anti-hate messages; teaching of tolerance in public schools; measures against corruption; the Turkish and Yugoslavian minorities; schools that teach in Turk or Serb mother tongues; national minorities; de facto residential segregation; the dissemination of hate messages on the Internet; the mentality and outlook of police officers; the teaching of Islam in schools; pluralism, individualism and globalization; and respect for identity.
* *** *