responding to racism in germany - globule...

Responding to racism in Germany

european network against racismeuropäisches netz gegen rassismus

Germany EN final.indt 3 08-05-2006 16:47:23

For a very long time racism was regarded as a taboo and was conse-quently often denied in Germany. This also applies to Germany’s spe-cific history of migration before the Second World War, the elimination and persecution of ethnic minorities of “non-pure-Arian-blood”. After the Second World War, the migration issue was declared a temporary problem. Such an attitude led to a culture of ignorance of, and turning a blind eye to, topics concerning racism. This attitude and political climate accelerated and culminated in the racist attacks of the nineties in areas like Hoyerswerda, Solingen or Mölln, While, as a reaction to this situation, activists from both civil society and social organistions organised themselves to fight against racism, reaction on the political level was rather opposite – the quasi-repeal of legal rights for asylum seekers.

Instead of working actively for the benefit of the victims of racist discri-mination, the German government’s political views often gives a si-gnal that seems to legitimise racist and discriminatory actions. The impact of this for asylum seekers, refugees, and groups from religious and ethnic minorities, has a wide range in every day life: they experi-ence unequal rights before the law, they encounter racism and discri-mination in government or public offices, they face police attacks, they encounter discrimination at the workplace, in housing, and in health care, or face social disgrace and physical attacks endangering their lives.

The political climate is still such that whenever the issue of implemen-ting the anti discrimination law (ADG), comes up it is handled as a threat to German society and economy, and so-called democratic politicians don’t shy away from injecting and raking up fears in this respect.

RAcism iN GERmANy


ThE NETwoRk foR ThE fiGhT AGAiNsT RAcism ANd foR EquAl RiGhTs iN GERmANy

ENAR – thE EuRopEAN NETwoRk AGAiNsT RAcism

The Network for the fight against Racism and Equal Rights was founded in 1998. This is a na-tion wide network (representing the ENAR Ger-man National Coordination), with approximately 100 independent action groups, organisations and unions. The representatives of most orga-nisations are from churches, institutions, welfa-re and immigrants’ associations. The network’s aim is to create democratic awareness and set up a valuable system to fight against racist jud-gements and prejudice. This network has the intention of acting at the political level and at the same time having the function of supporting its members in these activities.The Network is also working on the implementa-tion of new laws like the migration laws and anti discrimination laws. Plans are also underway to carry out its own awareness-raising programme and at the same time to lend active support to existing programs.

ENAR promotes the cause of anti-racism and equal treatment for ethnic minorities and non-EU nationals residing in the European Union.

ENAR is a network of European NGOs working to combat racism in all EU Member States. The NGOs have formed National Coordinations (NCs), which constitute the membership of ENAR and include ethnic minorities, immigrants’ asso-ciations, information centres, advocacy groups, trade unions, faith based organisations and many others. Democratically elected representatives of each NC attend the Network’s meetings where they are consulted on policy and statutory issu-es. One of the representatives of each NC should belong to an ethnic minority.

ENAR is determined to fight racism, xenopho-bia, anti-Semitism and Islamophobia, to promote equality of treatment between EU citizens and third country nationals, and to link local/regional/national initiatives with European initiatives.


Migrants, foreigners, and groups from religious and ethnic minorities are victimised on a daily basis in Germany as far as institutional, eco-nomic and social levels are concerned.

This is experienced by being excluded from accessing certain ser-vices in the public social and employment sectors, housing facilities, or through direct or indirect refusal of residential rights. Due to obvious physical attributes, the Sinti, the Roma, the Jewish communities and the Asylum seekers, among others, are the target groups for racially motivated attacks.

All members of the above named groups live in a social climate in which:

• there is an increase in racial-hatred towards migrants/foreigners

• there is an increase in negative attitudes towards muslims

• there is an increase of numbers of victims of right wing extremists

• black people experience improper treatment by security officers

• political success as a social barometer is measured by the reducing numbers of asylum seekers and those who are refused refugee status in Germany. This reduction is being used as a soothing and calming indicator.

who is ExpERiENciNg RAcism?ThE NATioNAl siTuATioN.


The implementation of the EU-Equal Treatment Directives into the German laws has not yet taken place. Although the German parlia-ment passed a corresponding bill in June 2005, the Law could not be applied as yet. The Negotiating Committee who was to handle the is-sue could not do so due to the new elections in Germany. The draft of this law took a general horizontal line as far as the target groups were concerned. For instance discrimination due to ethnic origins, gender, religion or belief, disability, age or sexual orientation got massive re-sistance from the economic sector. It is said to interfere with the free-dom of the Law Of Contracts, and there is a fear that the implementa-tion of this law would lead to a high rate of lawsuits and will consume enormous time to document all the processes from the employment procedures up to customer-related negotiations. The opposers of the Anti-Discrimination law also see this as an irrelevant issue in Germa-ny. They simply deny the very existence of discrimination in German society.

The NGOs within the Network Against Racism responded to these critics with clearly defined comments. The supposedly negative effect of this law in Germany is not substantiated by any other EU-member state whose anti-discrimination laws are already in place. The Ger-man government has already been accused in the European Court of Justice due to the failure to implement the Anti-Racism Directive (2000/ 43/ EC). According to plans of the German government this law was due to be passed at the end of 2006. Thus, Germany still lags way behind other European countries as far as the development of protective civil laws against racial discrimination is concerned.

ANti-RAcism LAws iN gERmANy


In Germany, it is the civil society organisations like the human rights organisations, or other associations, activists and unions that form the basis of anti-racist work. Without the efforts of these civil society or-ganisations in working against racism, and the constant lobbying and awareness-raising in this field, the victims of racism would have had it even harder.

The importance of the role of the NGOs at the political level has been recognised. However, the political will to embark on programmes to support or establish civil society in the fight against racism is still lak-king. The previous efforts by the German government to establish a democratic civil society, which should also include and protect “fo-reigners” and people of other religious and ethnic minorities against discrimination and racial attacks has not been realised as yet.

Moreover, it is often left to the NGOs alone to conduct cross-cultural and inter-religious dialogues or to initiate exchange of information on the cultural diversity of everyday life in Germany, a role that cannot be accomplished within the school system.

Last but not least, it is not only the polemic attitude towards the discus-sions on the anti-discrimination law that is painful and de-humanising to victims of racism, but it is clear that it is only with the help of the civil society organisations that the victims can achieve their human rights.

impoRtANcE of thE civiL sociEty iNfRAsTRucTuRE


Many anti-racist NGOs have not traditionally engaged in legal proces-ses, often this is for the simple reason that there was little law for them to refer to. However the adoption of the EU Race Directive (see section ‘EU and anti-racism’) and the development of national law, means that now more than ever litigation has the potential to lead to real change for those who are vulnerable to racism and discrimination.

As anti-discrimination is a relatively new field of law, NGOs have a role to play in raising awareness regarding its potential. Consequently the strategic litigation has come to the fore as a useful advocacy techni-que; NGOs can both directly engage in strategic litigation and support others to do so by gathering data, assessing victims and engaging in advocacy.

“Strategic or impact litigation uses the court system to attempt to create broad social change”

The primary focus of strategic litigation is law or policy change rather than redress for an individual, though these two objectives are not mutually exclusive. Strategic litigation intends to reach beyond an individual case or victim, to create a context of enhanced protection for everyone who is vulnerable to discrimination. By changing law or setting precedents an individual case can have a ripple effect leading to change on a much broader level.

The concept of strategic litigation encompasses the selection of ca-ses, case planning and management, as well as ensuring that favou-rable outcomes are implemented.

Not every NGO has the mandate or skills to engage in litigation, nor will litigation necessarily be the right strategy in many cases. Nonethe-less, it is essential for all anti-racism actors to recognise the impor-tance of strategic litigation as a tool for generating change.

sTRATEGic liTiGATioN


The institutions that do counselling and support for victims of racist discrimination exist in the form of anti-discrimination offices, antiracist-telephones and anti-discrimination centres. Other community owned or city-run establishments and welfare organisations are also engaged in curbing racism, discrimination and right-wing extremism.

Counselling centres have been set up, particularly in the former ea-stern part of Germany, for the support of victims of racial attacks and which also tackle issues pertaining to race-related criminal offences. Another possibility to help victims of discrimination is the existence of the so-called Legal-Aid Funds, which can be applied for by the victims in order to ensure that their legal rights are taken care of. However, such counselling centres and units are not evenly distributed across all the federal states of Germany. Some federal states do not have any counselling centres or offices that can help victims of racist discri-mination.

The organisations that are engaged in offering help and support to victims of discrimination nationwide besides the welfare organisations are for example: The organisation of Black People in Germany (www.isdonline.de); Pro Asyl (www.proasyl.de) or the Federation of Bi-na-tional Families and Partnerships Society (www.verband-binationaler.de). Victims of racial discrimination can find information concerning regional offices through the networks of organisations listed. Other valuable information can be found on the Site of the German Govern-ment Representative for Migration, Refugees and Integration (www.integrationsbeauftragte.de/gra/links/links_212.php).

sERvicEs AvAiLAbLE foR thE victims of RAciAL discRimiNAtioN


National NGOs working on anti-racism are already seriously overbur-dened in their work to confront racism and discrimination. Why then should they also be concerned with what is going on in other European countries, and in the institutions of the European Union itself?

Developing an understanding of racism in Europe is essential for two key reasons. Firstly, to promote learning and knowledge about what racism is and how to combat it and secondly to generate common tools across the European Union to combat racism. Experience over the last ten years has demonstrated that national governments can be convin-ced to take action at a European level, where they may not have been prepared to move forward alone.

Racism has a distinctly European dynamic. Europe’s colonial history underlines its role in fostering both historical and contemporary forms of racism; and the 20th century does not cast a positive light on the European legacy. Despite this long history Europe began to take ra-cism seriously relatively recently. Europe has a responsibility both to the people living within its borders, as well as internationally to take a leading role in promoting a vision of a world free from racism.

In 1997, Article 13 of the Amsterdam Treaty gave the European Uni-on a legal base on which to develop ‘appropriate measures to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation’. Using these powers the European Union adopted the Race Equality Directive in June 2000 (and later that year the Employment Equality Directive).

While the Race Directive was due to be fully implemented by July 2003, at the beginning of 2006 some Member States have failed to imple-ment it. This reality raises questions about the continuing commitment

why A EuRopEAN pERspEctivE is cRuciAl


of EU Member States to combat racism and discrimination. However the Directive does have direct effect, which means that individuals can assert it before national courts, even where it has not been implemented.

The Race Directive gives protection against discrimination in employment and access to a range of good and services, including social protection, health, social security and education. It puts forward a number of important definitions including: direct and indirect discrimination, harassment, and victimisation. Other significant aspects of the Directive are that it allows for positive action measures, the sharing of the burden of proof, and the establishment of equality bodies.

The principles enshrined in the Race Directive need to become core ele-ments of anti-discrimination law and practice across the European Union. Strategic litigation is a tool to ensure that this happens. To this end, it ex-pressly allows for NGOs to engage in proceedings in support of or on be-half of victims.

While Article 13 of the Amsterdam Treaty provided the context for de-velopments in the field of anti-discrimination, Article 29 of the Treaty on European Union included reference to preventing and combating racism. While the European Commission proposed a Framework Decision against racism and xenophobia (racism as a crime) in 2001, developments in this policy area have been disappointing; the Council has failed to adopt the Framework Decision. In addition the European Union has competence in other policy areas that either directly or indirectly impact on the fight against racism, including: social inclusion, migration and asylum, and education.

The European Union is also involved in a range of other activities, inclu-ding awareness raising (through the ‘For Diversity. Against Discrimination’ campaign) and funding of anti-racism projects. In 1997 the EU Monitoring Centre on Racism and Xenophobia (EUMC) was established. While the Centre is likely to be expanded to become a Fundamental Rights Agency in 2007, it will continue to focus on the problem of racism in Europe.


kEy liNks ANd souRcEs of fuRThER iNfoRmAtioN At EuRopEAN LEvEL

AKTIONCOURAGE : www.aktioncourage.org/ac/links.htmADNB-TBB: Antidiskriminierungsnetzwerk Berlin des Türkischen Bundes in Ber-lin-Brandenburg: www.adnb.deARIC-Berlin e. V., Antirassistisch-Interkulturelles Informationszentrum: www.aric.deCaritas in Deutschland: www.caritas.de/2070.htmlFlüchtlingsräte siehe auf: www.proasyl.de/de/informationen/links/index.html#1205 Interkultureller Rat in Deutschland: www.interkultureller-rat.deLeben ohne Rassismus - Netzwerk der Antidiskriminierungsbüros NRW:www.nrwgegendiskriminierung.deZentralrat Deutscher Sinti und Roma: http://zentralrat.sintiundroma.deDeutsches Institut für Menschenrechte: www.institut-fuer-menschenrechte.deDGB Bildungswerk: www.migration-online.de/cms/index._cGlkPTE_.htmlZfA - Zentrum für Antisemitismusforschung: www.tu-berlin.de/~zfa/

kEy liNks ANd souRcEs of fuRThER iNfoRmAtioN At NAtioNAL LEvEL

EU Monitoring Centre on Racism and Xenophobia: www.eumc.eu.int European Commission - anti-discrimination and relations with civil society: www.europa.eu.int/comm/employment_social/fundamental_rights/index_en.htm European Network against Racism (ENAR): www.enar-eu.org European Roma Information Office: www.erionet.org European Union: www.europa.eu.int ‘For Diversity. Against Discrimination’: www.stop-discrimination.info Strategic Litigation of Race Discrimination in Europe: from Principles to Practice: www.migpolgroup.com/documents/2498.html Strategies on Litigation Tackling Discrimination in EU Countries: www.solid-eu.org


ENAR – GermanyNetz gegen Rassismus, für gleiche Rechte (NgR) Koordinierung: DGB Bundesvorstand Referat Migrationspolitik, Volker Roßocha Henriette-Herz-Platz 2, 10178 Berlin Fon: +49 30-240 60-342, Fax: +49 30-240 60-408

Texte/Redaktion: ENAR Büro (Brüssel)Marcus Osei, Hartmut Reiners (ARIC-NRW e.V., Duisburg)

Übersetzungen: Rhodah Koross-Koch, Uta Uchegbu

This leaflet was prepared on behalf of ENAR in Germanyand by the ENAR European secretariat. Download this leaflet: http://www.enar-eu.org/en/publication/national_leaflets/

ENAR43, Rue de la Charité • B-1210 Brussels • BelgiumTel: +32 (0)2 229 3570 • Fax: +32 (0)2 229 3575E-mail: [email protected] • Web: www.enar-eu.org

This leaflet is funded by the European Commission, DG Employment and Social Affairs.


responding to racism in germany - globule...

Documents