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efms Migration Report
December 2005 | | | | |
Hague Programme: EU
Commission presents action plan on legal migration On 21 December 2005, the
European Commission presented a "Strategic Policy Plan on Legal Migration"
for the years from 2006 to 2009 that focuses on economic migration. According to the plan,
there is need for action in the following four areas: Firstly, the legal provisions governing the
entry and the residence of legally employed third-country nationals need to be altered.
Secondly, knowledge building measures and information sharing in the immigration field
need to be fostered. Thirdly, a better integration of economic migrants and their dependants
into the labour market and the host society need to be promoted. And finally, a more efficient
management of international migration flows, which need the cooperation and the support of
the countries of origin of the immigrants, needs to be achieved. The first concrete initiatives
will be started from 2007. EU Justice Commissioner Frattini said he would consider the
strategy plan as very important since it is the result of a real bottom-up-process. Federal
Interior Minister, Wolfgang Schäuble (CDU), however, has clearly rejected the plans
of an EU immigration policy on the occasion of a meeting of the EU Interior Ministers in
Brussels on 1-2 December 2005, arguing that legal immigration would have a direct impact
on the labour market and therefore needed to remain under the responsibility of the Member
States" national governments. Wiener Zeitung 01.12.05 // BZ
02.12.05 // FAZ 02.12.05 // Press release of the EU Commission JHA IP/05/1664
21.12.05
European Council: First
conference of the "European Roma and Travellers Forum" From 13-15
December 2005, representatives of Roma from 42 of the 46 Member States of the Council of
Europe met at the first European Roma and Travellers Form (ERTF). Already one year
before, on 15 December 2004, a partnership agreement had been signed between the Council
of Europe and the newly founded organisation. Its objective is the integration of the about
twelve million Roma living in Europe. Problems would be posed in particular by the high
degree of poverty, the low live expectancy and high mortality rates among children.
Press release of the Council of Europe 673d dated 05 08.12.05 // SZ
14.12.05
OECD survey on labour
market integration of immigrants in Germany In a survey presented on 2 December
2005 in Berlin, the Organisation for Economic Cooperation and Development (OECD)
reports on the increasingly widening gap between the situation of native Germans and
immigrants due to the lack of integration, poor education offers and high unemployment
rates. Immigrants in Germany would particularly be affected by the difficult situation on the
labour market prevailing since the 90s. The employment rate of male immigrants and German
late ethnic repatriates (Aussiedler) residing less than eight years in Germany has been falling
by 20 per cent since 1992. A similar drop can be observed for Turkish immigrants. With 64
per cent, the employment rate of males of working age born abroad is 7 per cent lower than
the rate among persons born in Germany (71 per cent). Among women, this gap is even wider
with 61 per cent of the women with foreign nationality born in Germany being employed in
contrast to only 47 per cent of the women born abroad. Press
release of the OECD Berlin Centre 02.12.05 // taz 03.12.05 // BZ 03.12.05 // FR
03.12.05
Conference of the Interior
Ministers: Provision for long-term residence titles for long-term refugees proposed
On 8-9 December 2005, the 179th standing Conference of the Interior Ministers and
Senators (IMK) was held in Karlsruhe. With the support of refugee organisations, churches,
charitable organisations, the German Association of Trade Unions (DGB), the political
parties of SPD and the Greens as well as the federal government commissioner for
integration, Böhmer (CDU), the federal states of Hesse, North Rhine-Westphalia and
Berlin presented proposals for a resolution on the right of residence of a part of the 200,000
refugees whose stay in Germany is tolerated. Such resolution would be necessary in order to
avoid hardship cases among foreigners who are integrated in economic and social terms and
whose children were born or even raised in Germany. Prerequisites to be fulfilled would be
no criminal records, German language skills, a stay of several years and a permanent
employment. The federal states governed by Union-parties such as Bavaria, Saxony and
Lower Saxony, however, have rejected to introduce a provision generally solving
"long-lasting cases" (in German so-called "Altfälle"). According to these federal states,
those who would "intentionally delay" leaving Germany, should not be rewarded.
The parties involved will continue to find a concerted agreement on the issue in 2006.
Die Welt 03.12.05 // SZ 07.12.05 // FR 08.12.05 // Press release of the
Ministry of the Interior of Baden-Württemberg 09.12.05 // SZ 10.12.05 // SZ 16.12.05
// FR 20.12.05
Education: Language tests
for children at kindergartens The federal government commissioner for integration,
Maria Böhmer (CDU), has demanded an extension of language training support
measures and the introduction of compulsory language tests for both children of foreign and
German nationals. She refused an compulsory kindergarten attendance for children. Instead,
the fees payable for the last year children attend kindergarten should be abolished and the
kindergartens should take over the role of institutions offering training and education for
children aged five to six. As good example for such policy she mentioned the federal state of
Saarland. The federal state of Lower Saxony will extend the pre-school language training
courses, which have been introduced two years ago. Similar to Bavaria, it is foreseen in future
to hold language tests 14 months prior to starting school. In case of insufficient language
skills, the child would then receive dedicated language training at the kindergarten over the
course of one year prior to starting school. SZ 02.12.05 // Neue
Osnabrücker Zeitung (online) 07.12.05 // BZ 19.12.05 // NZ 20.12.05 // Die Welt
21.12.05
Discussion on integration
and tightening the Foreigners' Law The chairman of the party of CSU, Edmund
Stoiber, has presented a ten-point-catalogue to demand, inter alia, the swear of an oath on the
German Basic Law for persons being naturalised, the holding of public naturalisation
ceremonies, an extension of the integration courses from currently 600 to 900 hours in future,
the future consideration of forced marriages as criminal offence, the lowering of the age limit
for children allowed to join their families from currently 16 years to 12 in future, as well as
the revocation of the residence permit and a cutting or withdrawal of social benefits in case of
infringements of the duty of integration (for example, if participants fail to pass integration
courses). The proposal was criticised by the political parties of FDP, the Greens, Left party
and the Central Council of Muslims in Germany. For the time being, the Federal Interior
Minister, Wolfgang Schäuble, rejected demands claiming the tightening of the
Foreigners' Law. At first, the outcomes of an evaluation of the impact the Immigration Act
has had so far, which is scheduled for 2006, would have to be expected. Focus online 18.12.05 // Rheinische Post (online) 18.12.05 //SZ online
18.12.05 // FDP (online) 19.12.05 // Die Welt 20.12.05 // SZ 21.12.05 // NZ
21.12.05
Exhibition "Flight,
Expulsion, Integration" opened in Bonn
On 2 December 2005, an exhibition about the subject area of forced resettlements and
expulsion since the beginning of the 20th century and about immigration and integration in
post war Germany was opened in the Haus der Geschichte (House of History) of the Federal
Republic of Germany. On the occasion of the exhibition, a poll was carried out among Polish,
Czechs and Germans. It has shown that the subject of forced expulsions is still given high
attention; however, the knowledge about it is relatively limited and its perception among
people distorted. According to the poll, 61 per cent of the Polish and 38 per cent of the
Czechs consider it likely or even very likely that the Germans "some day will reclaim
territories and assets". Hermann Schäfer, president of the House of History,
considered the results as "alarming". Press release of
Germany"s House of History Foundation 14.11.05 // NN 03.12.05 // FAZ 04.12.05 // FAZ
05.12.05
Refugee organisation Pro
Asyl criticises implementation of Immigration Act Pro Asyl has sharply criticised
the implementation of the Immigration Act, arguing that neither the so-called "chain
toleration certificates" had been abolished nor had hardship commissions been
established throughout Germany. In Bavaria, there has been established no hardship
commission at all so far; in Hesse and Lower Saxony, the petition committees of the local
parliaments have been commissioned to decide on hardship cases. Of the 700 applications
filed in Hesse and the almost 200 in Lower Saxony, both committees had so far recognised
only one case in each federal state as being a hardship case. Press
release Pro Asyl 29.12.05 // FR 29.12.05
Central Council of Jews in
danger of splitting up Jewish parishes with a high proportion of Russian-speaking
members are discontent and demand reforms. About 30 parishes, above all in the new federal
states in Eastern Germany, reproach the Central Council for not caring about the integration
of new members. Together with the World Congress of Russian-speaking Jews e.V. they
claim a stronger representation of Russian-speaking Jews in the Central Council. Die Welt 16.12.05
Cooperation between
Islamic associations, the Federal Office of Criminal Investigation (BKA) and the Office for
the Protection of the Constitution (BfV) The Federal Office for Criminal
Investigation (BKA), the Federal Office for the Protection of the Constitution, representatives
of the Central Council of Muslims in Germany (ZMD) and Turkish-Islamic Union (DITIP)
have jointly prepared a concept for a better cooperation. The concept provides for appointing
permanent contact persons within the organisations, holding common lecture and discussion
events and the dissemination of jointly prepared information material. FAZ 15.12.05
Lower Saxony wants
radical Islamists to wear electronic foot shackles The proposal of the Interior
Minister of Lower Saxony, Uwe Schünemann (CDU), to oblige radical Islamists and
hate preachers to wear electronic foot shackles following corresponding judicial orders, if
they cannot be expulsed due to humanitarian or other reasons, has met with different
responses. Philipp Rösler, representative and parliamentary leader of the coalition
partner FDP qualified the approach as "populist, questionable from a legal point of
view and inappropriate for fighting against terrorism". The Union of the Police Services
(GdP) as well as the local governments of Berlin, Rhineland-Palatinate, North
Rhine-Westphalia and Hamburg are critical of the proposal. The Bavarian Interior Minister,
Beckstein (CSU), however, welcomed it. Die Welt 29.11.05 //
Tagesspiegel (online) 30.12.05
Bavaria: Islamistic
association "Multi-Kultur-Haus" shut down
On 28 December 2005, the Bavarian Ministry of the Interior has closed the
"Multi-Kultur-Haus" and its corresponding cultural centre in Neu-Ulm. The
Bavarian Interior Minister, Günther Beckstein (CSU), talked about a "stroke
against foreign extremist structures". The centre had called openly for violent acts
against people with other religious beliefs, which in turn would be a threat to a peaceful
coexistence of Germans and foreign nationals. FAZ 29.12.05 // SZ
29.12.05 // NZ 29.12.05
Hesse: "Federal state
and municipalities - hand in hand towards good integration" On 6 December
2005, the Prime minister of Hesse, Roland Koch (CDU), the Minister for Social Affairs, Silke
Lautenschläger (CDU) and the mayor of the city of Wetzlar, Wolfram Dette (FDP),
presented a concept to support and interconnect local projects. Koch emphasised that
integration into daily life would take place in the towns, municipalities and on local district
level. For almost all problems, solutions had been found already and hence the municipalities
could learn from each other. Press release of the Ministry of
Social Affairs of Hesse 06.12.05 // Mainspitze (online) 07.12.05
Federal Constitutional
Court: Extradition to Vietnam prohibited Foreign nationals facing legal charges in
their home country may only be extradited if they can expect a criminal trial in line with basic
legal principles. On 7 December 2005, the Federal Constitutional Court (BVerfG) decided in
favour of a Vietnamese women, who was to face in her home country a criminal trial for drug
trafficking (Ref.: 2 BvR 1090/05). The woman suspects that the charges against her are an act
of revenge of the Vietnamese "cigarettes mafia" against which she had testified in
several criminal proceedings in Germany. According to the Federal Ministry for Migration
and Refugees, she is threatened in Vietnam by the death penalty due to the hypothetical
nature of the trial. Press release of BVerfG 07.12.05 // SZ
08.12.05 // FAZ 08.12.05
Federal Constitutional
Court: Father of a German child not to be expulsed The serbian-montenegrin father
of a five-year-old daughter possessing German nationality, who has been living in Germany
since 1999 and whose residence permit has not been extended, has successfully filed a
constitutional complaint. The Federal Constitutional Court (BVerfG) cancelled the decisions
of the Administrative Court and the Higher Administrative Court that set aside the right on
expedited relief arguing that they would infringe the appellant"s basic right resulting from
Article 6 German Basic Law (Protection of the Family) (Ref.: 2BvR 1001/04). Press release of BVerfG 08.12.05
Federal Administrative
Court: Refugee passports upon expulsion The Federal Administrative Court
(BVerwG) of Leipzig has decided that the Aliens Departments have the right to issue a travel
document in accordance with the Geneva Convention on Refugees (GCR) to a recognised
refugee even if his or her stay in Germany is only tolerated following a definitive decision
ruling his or her expulsion. The general ban on re-entering the country for expelled foreign
nationals does not impede the issue of a travel document to a Geneva Convention refugee
whose stay in Germany is only tolerated (Ref.: 1 C 36.04). Press
release of BVerfG 13.12.05
Asylum statistics
In December 2005, a total of 2,097 persons have submitted a petition for political asylum
in Germany. The figure constitutes an decrease of 14.9 per cent (-367 persons) compared to
November 2005. Compared to December 2004, the number of asylum seekers has declined
by 23.6 per cent (-649 persons). The main countries of origin in December 2005 were Serbia
and Montenegro (347), Turkey (211) and Iraq (159) followed by the Russian Federation (121)
and Iran (87). In December 2005, the Federal Office for Migration and Refugees has
reviewed the applications of 3,700 asylum seekers, 30 (0.8 per cent) of whom have been
recognised as entitled to political asylum. A further 98 persons (2.6 per cent) have been
granted protection against deportation according to §60, paragraph 1, Residence Act.
The applications of 2,300 people (62.2 per cent) have been rejected. The cases of another
1,272 persons (34.4 per cent) have been closed for other reasons, for example because asylum
seekers have withdrawn their applications. Press release BMI
08.01.06
Asylum figures 2005: At
the lowest level for 20 years The year 2005 saw a further decreasing trend in the
number of asylum applications and recognition rates. With 28,914 asylum applications filed
in Germany, the number of asylum seekers decreased by 18.8 per cent (-6,693) compared to
the previous year 2004 and reached its lowest level since 1983. This development is also
reflected by the decrease in the number of asylum seekers from seven of ten countries of
origin. The most remarkable declines were registered in the number of applications of
nationals from China (-46.6 per cent) followed by Azerbaijan (-37.8 per cent), the Russian
Federation (-37.6 per cent), Iran (-32.1 per cent), Turkey (-28.7 per cent) and Afghanistan
(-22.5 per cent). On the other hand, the number of asylum seekers from Iraq (+53.4 per cent),
Serbia and Montenegro (+43.2 per cent) and Syria (+21.5 per cent) experienced an increase.
In 2005, most asylum seekers came from Serbia and Montenegro (5,522) followed by Turkey
(2,958), Iraq (1,983) as well as the Russian Federation (1,719) and Vietnam (1,222). In 2005,
the Federal Office for Migration and Refugees decided on the applications of 48,102
(previous year: 61,961) persons, 441 (0.9 per cent) persons of whom were recognised as
entitled to political asylum and 2,053 (4.3 per cent) were granted protection against
deportation according to § 60, paragraph 1 of the Residence Act. The asylum
applications of 28,109 persons (58.4 per cent) have been rejected. The application cases of the
remaining 17,529 persons (36.4 per cent) have been closed for other reasons. Press release BMI 08.01.06
December
2005 | | | | |
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