[WCAR] Human Rights Commission on Racism in Germany

Dear Colleagues,

Lack of time and finances unabeling me to attend the Human Rights
Commission 2002. Who ever will attend I ask to lobby with the following
document. I prepared that by WUS Germany and FORUM Human Rights Germany.

Thank you very much!

Nils Rosemann


# # aide memoires World University Service / FORUM Menschenrechte '# #


Aide-Memoire

58th Session of the
UN Commission on Human Rights
18th March to 26th April 2002


Racism


I.

Racism in Germany is primarily associated with extreme right wing and
xenophobic criminal offences. Although statistics for the year 2001 are
not yet available, estimates provided by the State and Federal offices
of criminality suggest a large increase in the number of xenophobic and
neo-Nazi offences. A new way of measuring and evaluating statistics was
introduced as a consequence of political reluctance to regard xenophobic
and nationalistic motivated acts as racist crimes. The new "First
Periodical Security Report 2001" shows that the annual increase in
crimes committed by the far right was 948 in 1986, 4,972 in 1993 and
7,576 in 2000. Thus, excluding xenophobic and anti-Semitic crimes, the
total number of crimes committed by the far right was 7,414 in 1998,
6,037 in 1999 and 10,979 in 2000. Violence against people with a
presumed left-wing background and members of the Jewish community
increased from 624 in 1996 to 998 in 2000.

Although the German Government and the regional governments of the
"Laender" have undertaken spontaneous projects and initiatives, they
remain uncoordinated, unsustainable and demonstrate no real political
will to combat racism.

"Alliance for Democracy and Tolerance - Against Extremism and Violence"
is handing out awards instead of providing real coordination and acting
as a think-tank in the fight against racism.

The employment program "XENOS - Living and Working in Diversity" is
distributing money without co-ordinating with local authority
initiatives and activities. Money transferred as part of another
programme "Equal" gave rise to a scandal about the way in which the
Federal Government uses funds by the European Union.

In order to combat right-wing extremism, the Federal Ministry of the
Interior has, in addition to existing measures, launched a "drop-out
programme" for right-wing extremists. Within a period of 9 months, of
the 730 people calling a "hot-line" only 160 were potential candidates
for the programme. There were discussions with 70 of these and, in the
end, less than 10 left the right movement. Thus, this "drop-out
programme" may actually be a new opportunity to increase the number of
secret agents working within the right movement instead of reducing the
violence.

The attempt to ban the "National Democratic Party" (NPD) - one of three
right extremist parties - in the Constitutional Court developed into
farce after it was discovered that at least five NPD witnesses are, in
fact, agents working for one of four secret service agencies in Germany.
The case has been suspended until new evidence can be presented.


II.

The European Commission against Racism and Intolerance in its report of
July 3, 2001 states that although the number of individuals perpetrating
racist and anti-Semitic crimes or actively supporting extremist groups
is small, a much larger number is sympathetic to these activities, and
that politicians within almost all of the so-called democratic parties
in Germany are indeed fostering the racist, xenophobic and anti-Semitic
ideas that are part and parcel of the ideology of the violent and active
groups. In large sections of German society there is a great deal of
negative sentiment regarding individuals of foreign origin. There is a
link between the stigmatisation, lack of integration and human rights of
individuals of foreign origin and the intolerance and violence
perpetrated against individuals with a foreign or migrant background.

Members of the leading opposition party, the Christian Democratic Union
/ Christian Social Union, are calling for an "integration test", a
"culture based on German norms and traditions " and publishing articles
on "German Identity" in far-right newspapers and magazines. Within the
debate on German immigration law there are calls for a pure German
society with no immigration and stigmatisation of people of foreign
origin. Some members of the major party in the coalition government, the
"Social Democratic Party" argue that the unemployment and social
problems of "native Germans" are linked with immigration and asylum
seekers. Thus the UN-Special Rapporteur on contemporary forms of racism,
racial discrimination, xenophobia and related intolerance, Mr.
Gl=E8l=E8-Ahanhanzo, in his review presented to the World Conference
against Racism, Racial Discrimination, Xenophobia and Related
Intolerance (A./CONF.189/PC.2/21), counted the National Democratic Party
(NPD), the Republikaner (REP), the German People's Union (DVU) as well
as the Christian Social Union (CSU), the Christian Democratic Union
(CDU) and the Social Democratic Party (SPD) among extreme right groups
because they are calling for a halt to immigration and putting "German
people's interests" before all others.

There is a climate of nationalism and xenophobia in Germany. This alone
can explain why a high-ranking public official - Mr. Georg-Berndt
Oschatz, member of the CDU and Director of the Bundesrat, Germany's
second legislative body - delivered the opening speech at the
"Ulrichbergstreffen" in October 7, 2001. The "Ulrichbergtreffen" is one
of the main events of the European right wing and nationalist scene
where members of the "Waffen SS" and fascist intellectuals meet with
right wing parties and skinheads.


III.

We call delegates, NGOs and the UN Human Rights Commission to urge
Germany to take a stand against racism, racial discrimination,
xenophobia and related intolerance by:


*         developing and implementing policies and action plans, and
to reinforce and implement preventive measures, in order to foster
greater harmony and tolerance between migrants and host societies, with
the aim of eliminating manifestations of racism, racial discrimination,
xenophobia and related intolerance, including acts of violence,
perpetrated in many societies by individuals or groups;

*         providing full access to all human rights for non-nationals
regardless of their legal status or status of stay;

*         promoting effective and equal access of all members of the
community, especially those who are victims of racism, racial
discrimination, xenophobia and related intolerance, to the
decision-making process in society at all levels and in particular at
the local level, and also to facilitate their effective participation in
economic life

*         developing and strengthening anti-racist and
gender-sensitive human rights training for public officials, including
personnel in the administration of justice, particularly in law
enforcement, correctional and security services, as well as among
health-care, schools and migration authorities;

*         increasing the efforts to inform their public of the
existence of the complaints mechanism under article 14 Convention on the
Elimination of All Forms of Racial Discrimination;

*         continuing to cooperate with the Committee on the
Elimination of Racial Discrimination and other human rights treaty
monitoring bodies in order to promote and foster, including by means of
a constructive and transparent dialogue, the effective implementation of
the instruments concerned and proper consideration of the
recommendations adopted by these bodies;

*         ratifying and implementing all international and regional
treaties, agreements and other measures such as the 12th protocol for
the EMRK, International agreement for the protection of immigrants and
their families as well as their adaptation in the country and the
withdrawal of the proviso of the children's rights convention,
especially Art. 22 CPRC

*         by introducing an anti discrimination law which is based on
the guidelines of the UN, the Declaration and Programme of Action of
Durban as well as the 12th protocol for the EMRK



Nils Rosemann - Attorney
Speaker of the Anti-Racism Working Group / FORUM Human Rights Germany