COMMITTEE
ON THE ELIMINATION
OF RACIAL DISCRIMINATION
Fiftieth session
CONSIDERATION OF REPORTS SUBMITTED BY STATES
PARTIES UNDER ARTICLE 9 OF THE CONVENTION
Concluding observations of the Committee on
the Elimination of Racial Discrimination
Germany
1. The Committee considered the thirteenth and fourteenth periodic
reports of Germany submitted in a single document (CERD/C/299/Add.5),
at its 1196th and 1197th meetings (CERD/C/SR.1196 and 1197), on
10 and 11 March 1997. At its 1211th meeting, held on 20 March
1997, it adopted the following concluding observations.
A. Introduction
2. The Committee commends the State party on the high quality
of its report, drawn up in accordance with the Committee's guidelines,
although it is noted that the report did not deal systematically
with the Committee's concluding observations relating to the
previous report of the State party. The comprehensive information
provided in the report and its annexes, the frank and constructive
approach taken by the high-level delegation in the dialogue
with the Committee and the additional information provided in
response to questions posed by Committee members manifest the
serious commitment of the Government of Germany to the principles
and purpose of the Convention.
3. The Committee notes that the State party has not made the declaration
provided for in article 14 of the Convention, and some of its
members requested that the possibility of such declaration be
considered.
B. Factors and difficulties impeding the implementation of
the Convention
4. The Committee notes that there is no national human rights
institution or ombudsman in Germany authorized to monitor and
coordinate the Government's efforts to eliminate racial discrimination,
and that no comprehensive anti-discrimination law has been adopted,
notwithstanding the fact that the German Constitution (Grundgesetz)
and many federal and provincial (Länder) laws do prohibit
and envisage criminal sanctions for various manifestations of
racial discrimination and xenophobia.
C. Positive factors
5. The Committee expresses satisfaction at the significant
decrease in criminal offences against foreigners and asylum
seekers and of other expressions of racial discrimination and
violence in the period since Germany's last report. This decrease
appears to be attributable to the manifold legislative, administrative
and judicial measures taken by German federal and provincial
authorities, including amendments to the criminal law and enactment
of additional legislation aimed at rendering the prohibition
of racial discrimination and the protection of victims more
effective.
6. The prohibition of the production and distribution of neo-Nazi
literature and the severe punishment of persons found guilty
of incitement to racial hatred have no doubt contributed to
the improvement in the situation since Germany's last report.
There has also been a noticeable decline in the number of persons
belonging to extremist organizations, several of which have
been banned. In this context, the Committee is pleased that
Germany has adopted legislative measures to fulfil the requirements
of article 4 of the Convention.
7. The Committee is aware that attitudes of xenophobia and
racial discrimination are rejected by a broad section of the
German public, as shown in many spontaneous anti-discrimination
demonstrations in German cities, expressions of compassion for
the victims of violence, and frequent condemnation of xenophobia
and racial discrimination in the daily press and other media.
8. The Committee reiterates that genocide has rightly been
condemned as a crime against humanity, and trusts that all genocidal
acts will be condemned without any distinction as to time, place
or group of victims; it further hopes that schemes for compensation
of the victims of genocide and for prevention of any future
discrimination will cover all groups that have been or may become
victims.
9. Information provided in the report and orally by the delegation
indicates that some victims of discrimination have been successful
in vindicating their rights in the German courts, including
in the context of employment.
10. The Committee welcomes the information given by the delegation
concerning the guidelines on education issued by the Conference
of Ministers of Culture, which provide for the systematic teaching
of human rights and the principles of tolerance and coexistence
in a multicultural society. In particular, the Committee commends
the German authorities for the improved curricula at various
levels of schooling, encompassing instruction, starting in early
years of schooling, about other cultures and religions, aiming
to instil in the young a feeling of respect for all human beings
regardless of ethnic origin or religious affiliation.
11. The frank acknowledgement by the German delegation that
there are still serious problems to solve, and the commitment
of the German authorities to take preventive measures and to
continue monitoring developments, reflect a realistic approach
likely to produce good results.
12. The Committee also welcomes ongoing regional cooperation
in the eradication of xenophobia and racial discrimination,
particularly in the context of the European Union, such as the
activities launched in connection with the European Year against
Racism.
D. Principal subjects of concern
13. Concern is expressed over manifestations of xenophobia
and racial discrimination, including acts of anti-Semitism and
hostility against certain ethnic groups, and racial violence
that still occur on a substantial scale in Germany. In spite
of the Government's efforts to prevent them and to punish the
perpetrators, it appears that such manifestations reflect deep-seated
prejudices and latent fears still prevailing in certain sections
of the population, particularly among the less educated and
the unemployed. This situation calls for continued efforts on
the part of the federal and provincial governments to eradicate
the causes of discrimination and to intensify information and
educational programmes.
14. Concern is expressed at the fact that while the State party
has accorded the status of ethnic minority and provided special
protection to four small ethnic groups traditionally resident
in Germany, it has left numerically much larger ethnic groups
without any specific protection, in particular, members of those
ethnic groups who have long-term residence status or who have
become German citizens.
15. Concern is expressed at instances of police brutality against
foreigners, particularly Africans and Turks, which have been
reported in the press. Better training and stricter disciplinary
action against the perpetrators appear to be necessary.
16. It is noted with concern that private insurance carriers
sometimes discriminate against ethnic groups and that the onus
of complaining is placed on the victim. The Committee considers
that federal legislation regulating the insurance industry should
prohibit such abuses.
17. Concern is also expressed at the absence of comprehensive
legislation to prohibit racial discrimination in the private
sector in accordance with articles 2 (1)(d) and 5 (e)(i) of
the Convention.
18. It is noted with concern in connection with article 6 of
the Convention that certain categories of foreigners, including
those without legal status and temporary residents, are not
entitled to redress for acts of racial discrimination committed
against them.
19. It is noted with concern that no information was made available
by the State party concerning measures taken to eradicate de
facto racial segregation in accordance with article 3 of the
Convention and as further elaborated in the Committee's General
Recommendation XIX (47).
E. Suggestions and recommendations
20. The Committee recommends again that the German authorities
give serious consideration to the enactment of a comprehensive
anti-discrimination law and suggests that consideration also
be given to the establishment of a national institution to facilitate
the implementation of the Convention, bearing in mind the Committee's
General Recommendation XVII (42).
21. The Committee encourages the State party to continue exploring
ways of providing specific protection to all ethnic groups living
in Germany.
22. In its forthcoming report the State party should address,
inter alia, issues of racial discrimination in the private
sector, access to employment by foreigners, post-employment
contract equality, de facto racial segregation (bearing
in mind
the Committee's General Recommendation XIX (47) on article
3 of the Convention), prompt investigation and prosecution
of
xenophobic offences, in particular those committed by members
of the police forces, legislation on foreigners and its
implementation
(in accordance with the Committee's General Recommendation
XI), current asylum practices, in particular in relation
to the list
of so-called "safe countries", compensation to all victims of
acts of racial discrimination in Germany, and the respective
competences of the federal and provincial (Länder) authorities.
23. The Committee recommends that the State party's next periodic
report be an updating report in accordance with the reporting
guidelines, taking account of the Committee's concluding observations.
24. The Committee invites the State party to make its report
and the Committee's concluding observations widely available
in Germany with a view to generating discussion on the problems
still existing.
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