efms Migration Report
September 2005 | | | | |
EU package of measures
on "immigration and asylum"
In a further step towards the realisation of the "Hague Programme strengthening
freedom, security and justice in the European Union", the European Commission
presented on 1 September 2005 a proposal for a Directive to harmonize the repatriation of
illegally staying third-country nationals along with a call for limiting to a maximum of six
months the taking into custody to secure deportation and to repatriate persons only to
countries where they are not in danger of suffering torture or acts of violence. With a view to
the massive onslaught of black Africans who were trying for weeks to enter the Spanish
exclaves of Ceuta and Melilla in Morocco, EU justice commissioner Frattini recommended in
addition to agree on a common European immigration policy. On the occasion of a meeting
of the 25 EU ministers of the interior in Newcastle in mid-September, Federal Minister of the
Interior Otto Schily (SPD) criticised the proposal for the Directive arguing that it would
rather contain rights warranting protection than provisions to facilitate deportations and that it
would not meet the requirements needed for fighting against illegal migration and terrorism.
The European Parliament, however, sees the topic in a different light: even though a majority
of the members of the European Parliament agreed on 27 September 2005 with the proposed
Directive, they claimed a number of important changes to be made in the proposal of the
European Council of the ministers of the interior and rejected a multitude of rules of
exceptions that would have allowed individual Member States to adopt their own policies.
Press release of the EU Justice Commission IP/05/1079 01.09.05
// Press release of the EU Justice Commission IP/05/1080 01.09.05 // Press release of the EU
Justice Commission, SPEECH/05/473 01.09.05 // FAZ 02.09.05 // NN 10.09.05 // FAZ
17.09.05 // dpa 23.09.05 // dpa 27.09.05 // Der Spiegel online 27.09.05 // Die Welt
30.09.05
Europeans implement joint
deportations
In a concerted action, several European countries jointly organised in Hamburg,
Germany, the repatriation of 27 foreigners. The foreigners who were found having to leave
the EU were flown to Togo, Nigeria and Benin. Belgium, the Netherlands, France, Great
Britain, Malta and Switzerland participated in the collective repatriation. From Germany, 15
foreigners were returned whose repatriation had failed before and who had stayed in custody
securing deportation. FR 16.09.05
Investigation committee on
visa affair finished its work
The presentation of the status report of the investigation committee on the visa affair on 7
September 2005 led to a controversial debate in the German parliament. On more than 800
pages, the report summarizes the outcomes of more than 58 questionings of witnesses and the
analysis of 1,600 files containing information on the visa policy of the red-green government
coalition. The opposition parties accused the Federal Foreign Office again of having
facilitated the activities of human smugglers and traffickers by pursuing a "visa policy
that was wrong and ideologically motivated". At the same time, however, the
opposition admitted that it was hard to quantify the actual extent of the material damage
caused to Germany. Even experts would controversially discuss the figures quoted to quantify
illegal labour, human trafficking and forced prostitution. SZ
08.09.05 // Die Welt 08.09.05 // FAZ 08.09.05 // Tagesspiegel (online) 08.09.05 // Das
Parlament 12.09.05
Language is the key -
outcomes of integration courses
Since 1 January 2005, around 145,000 foreigners and ethnic German repatriates have
been found eligible to attend integration courses offered throughout Germany. In addition,
82,000 foreigners who were not obliged to attend the courses (so-called
"Bestandsausländer") have enrolled voluntarily. Altogether, more than
162,000 immigrants have been granted permission to attend the courses, 70,000 of whom - in
their majority women who are accounting for 60 per cent of all participants - had already
taken advantage of the offers. So far, 2,000 participants have taken the final exam, with half
of them passing it with the marks "very good" or "good". According
to estimates of the Federal Office for Migration and Refugees (BAMF), the number of
194,000 persons eligible for participation in 2005, which had been estimated by the Federal
Ministry of the Interior, is likely to be surpassed by the end of the year. The surprisingly high
number of about 95,000 immigrants has expressed interest to attend the language and
integration courses on their own initiative. The Head of Group "Integration" at
the Federal Office, Regina Jordan, called it a "catch up on-effect", adding that
many of the foreigners who have been living in Germany for a longer time take advantage of
the offers to finally gain a proper knowledge of the German language. Press release of the Federal Ministry of the Interior (BMI) of 12.09.05 // NN
17.09.05 // BMI press release of 23.09.05 // Die Welt online 25.09.05
Islamic associations to
establish a common representation body
Leading Muslim associations in Germany agreed in Hanover on 10/11 September 2005 to
establish a common organisation and statutes on Federal state level. For the beginning of
2006 it is planned to establish a Germany-wide organisation, whose aim is to facilitate the
dialogue on topics like Islamic instruction classes at schools, spiritual assistance to hospital
patients of Islamic belief or issues like the ban of headscarves. The Turkish-Islamist Union of
the Institute for Religion (DITIB), however, which is the largest association comprising 700
mosques, was not among the participants. DITIB representatives said that the organisation
wanted to expect first the outcomes of the plans. In talks held in Berlin on 22 September 2005
on the possibility of future co-operations, the Central Council of Muslims in Germany (ZMD)
agreed with high-level representatives of the Federal Office of Criminal Investigation (BKA)
and the Office for the Protection of the Constitution (BfV) to establish a working group for
"Confidence building" which is to comprise both representatives of the security
services and the Muslim communities. FAZ 13.09.05 // FAZ
14.09.05 // Die Welt 23.09.05
Federal Ministry of the
Interior to ban two extremist Islamistic associations
On 5 September 2005, the Essen-based Islamistic association for procuring donations
"YATIM Kinderhilfe e.V." (children support association) and the
Neu-Isenburg-based "E.Xani Presse- und Verlags-GmbH (press service and editorial)
have been banned by claiming that "YATIM Kinderhilfe e.V." was a follow-up
organisation of the "Al Aqsa e.V." banned in 2002 and that "E.Xani Presse-
und Verlags-GmbH" was the publisher of the Turkish language newspaper
"Özgür Politika". Both organisations are suspected of procuring
donations for the organisations of HAMAS in the Palestinian territories. Along with the ban,
66 locations in eight Federal states were searched. Premises of the association and the
editorial, the printing shop of "Özgür Politika", a mosque as well as
dwellings were searched and a lot of evidence and assets of both associations confiscated.
Press release of the Federal Ministry of the Interior (BMI) of
05.09.05 // FAZ 06.09.05 // Merkur (online) 06.09.05 // BMI press release of
06.09.05
Federal states to strengthen
joint efforts to encounter Islamists
The German federal states of Hesse, Rhineland-Palatinate, Bavaria and
Baden-Württemberg have agreed to intensify joint investigations on activities at
mosques and in among Muslim business circles. According to the Minister of the Interior of
Hesse, Bouffier (CDU), investigations in the aftermath of the terror attacks of Madrid and
London have shown that Islamistic terror groups are in particular funded by criminal offences
such as robberies and organised crime. Within the framework of the most recent measure
undertaken in Hesse on 26 September 2005, 1,260 persons in 20 cities were controlled by 500
police officers. On 23 September 2005 already, five dwellings and the premises of an
association located in Neu-Ulm and its surroundings had been searched under the suspect that
presumable Islamists there had supported calls for armed actions. SZ 24.09.05 // Press release of Ministry of the Interior and Physical Education
of Hesse of 28.09.05 // Die Welt 28.09.05 // SZ 30.09.05
Friedland: a symbol of
freedom celebrates it 60th anniversary
On 26 September 2005, the border transit camp of Friedland near Göttingen, which
was established by the British military administration, celebrated its 60th anniversary. With a
capacity to allocate 10,000 persons, the camp has served as first refuge for more than four
million refugees, displaced persons, returning prisoners of war and ethnic German repatriates
so far. In 1945 alone, more than 500 special trains carrying almost half a million of refugees
arrived there. Today, the Friedland camp is the last remaining camp of initial reception for
ethnic German repatriates and Jewish emigrants. Federal Minister of the Interior, Otto Schily
(SPD), acknowledged the function of the Friedland camp as a symbol of aid to refugees in
misery, of compassion and practical charity. Federal President Horst Köhler is
expected to participate in the ceremony commemorating the 60th anniversary which will be
celebrated on 12 October. BMI press release of 23.09.05 // SZ
26.09.05
"Refugee
Day": UNHCR criticises current refugee policy in Germany
On the occasion of the "Refugee Day" celebrated on 30 September 2005, the
representative of the UN High Commissioner for Refugees (UNHCR) in Germany, Stefan
Berglund, claimed that the provisions of the Immigration Act should finally be applied to
tolerated refugees in a manner that would be in the spirit of international law and that would
offer them a set of opportunities to obtain long-term residence titles. This would in particular
concern members of minorities from Kosovo and refugees from Afghanistan. On the other
hand he considered it a positive sign that an increasing number of German courts would
correct deficiencies in revocation procedures against recognised refugees. dpa 27.09.05 // n-tv.de 27.09.05 // dpa 29.09.05 // NN 30.09.05
Nuremberg under the sign
of human rights
From 23 September to 8 October 2005, the "Intercultural Weeks" will be
celebrated in Nuremberg. More than 30 events offer the opportunity to discuss how the
peaceful life of mankind could be improved and mutual prejudices can be further decreased.
On 23 and 24 September 2005, around 320 participants from 47 German and 37 international
cities forming the "European Coalition of Cities against Racism" had already
discussed strategies that could contribute to efficiently encounter racism, discrimination and
anti-Semitism. Moreover, 78 selected films from more than 30 countries take part in the
competition for the "Nuremberg International Human Rights Film Award". On
26 September 2005, the "Nuremberg International Human Rights Award 2005"
was awarded to Tamara Chikunova from Uzbekistan who founded in her home country the
organisation of "Mothers against the Death Penalty and Torture". On the evening
of the same day, 3,000 citizens of the "Nuremberg Peace Table" celebrated a
"Festival for Human Rights". Press release BAMF
09.09.05 // NN 20.09.05 // NN 21.09.05 // NN 24.09.05 // NZ 24.09.05 // Press release of the
city of Nuremberg No. 792/24.09.05 // Press release of the city of Nuremberg
No.793/25.09.05 // NZ 26.09.05
Berlin-Moabit: Criminal
proceeding for "murder of sister for the cause of honour"
In the criminal proceeding for having presumably committed in Berlin on 7 February
2005 a "murder for the cause of honour" killing the 23 year-old Hatun
Dürücü of German-Turkish origin, the three brothers of the victim, Ayan
(19 years), Alpaslan (24) and Mütlü (26) have been charged with jointly and
insidiously committed murder from base motives before the Berlin Regional Court of Moabit
since 14 September 2005. They are suspect of having killed their sister, who was divorced
and living alone with her 5-year old son, because they considered her modern way of life as
"insulting the honour of their family". This case has triggered off a debate
throughout Germany on forced marriages, so-called parallel worlds of foreigners and the
lacking integration of Muslim families living in Germany. The political parties of CDU and
Greens called upon Islamic organisations and communities for contributing to tolerance and
equal rights. Moreover, the parties of FDP and Greens have proposed to grant the women
concerned a secure residence status as well as extended rights of return. Der Spiegel 12.09.05 // BZ online 14.09.05 // Die Welt 15.09.2005 // FOCUS
online 15.09.05 // BZ 15.09.05 // BZ 22.09.05
Federal Constitutional
Court (BVerfG): no voting rights upon loss of German citizenship
On 7 September 2005, the 1st division of the Second Senate of the Federal Constitutional
Court followed a ruling of the Administrative Court of Bayreuth and refused a petition for a
provisional order by which the applicant - also in view of the federal elections that were
upcoming that time - appealed against the provisions of Section 25 (1) of the Nationality Act
(StAG) in its version in force since 1 January 2000 on the loss of the German nationality.
Following the deprivation of her Turkish citizenship, the architect from Bavaria was granted
the German nationality in June 1999. In July 1999, she applied again for the Turkish
nationality which was re-granted to her in February 2001. Subsequently, the claimant's name
was struck off the polling register. She claimed this to be unconstitutional in particular
because of the lack of a transitional provision. Even with a view to the federal elections, the
Court considered this argumentation as unfounded, however. Press
release of the Federal Constitutional Court of 07.09.05 // SZ 08.09.05 // NZZ 08.09.05 // Die
Welt 08.09.05 // taz 08.09.05
Considerable drop in
number of asylum seekers and expenditures for asylum seeker benefits
In 2004, the number of asylum seekers (4,600) amounted to only half of the number
recorded in 2001 (10,500) in the Federal state of Baden-Württemberg. Therefore,
hostels for asylum seekers will be closed for example in the cities of Mannheim,
Tübingen and Ulm. This will help the cities to save millions of euros. Compared with
the average throughout Germany, Berlin recorded the strongest decrease with a 30 per cent
decline in 2004 (12,707) compared to 2003 when still 18,053 asylum seekers were living
there. Also the number of unaccompanied foreign minors under the age of 16, who are
registered in the German capital, has been declining from 430 (2003) to 315 (2004) to amount
to 144 who have been registered so far in the year 2005. By the end of 2004, 230,000 persons
throughout Germany were granted benefits for their day-to-day requirements on the basis of
the Law governing Benefits for Asylum Seekers (AsylbLG), which constitutes a decrease of
12.9 per cent compared to 2003 and is the lowest level recorded since the start in 1994 of the
statistical recording of benefits granted to asylum seekers. dpa
15.09.05 // BZ 20.09.05 // Press release Federal Statistics Office of 27.09.05 // Die Welt
online 28.09.05
Asylum statistics
In September 2005, a total of 2,507 persons have submitted an application for political
asylum in Germany. Compared to August, the number of asylum seekers has thus increased
by 3.5 per cent (+84 persons). Compared to September 2004, respective figures have fallen
by 9.4 per cent (-261 persons). The main countries of origin in August were Serbia and
Montenegro (361), Turkey (287) and Iraq (237) followed by the Russian Federation (157) and
Vietnam (130). In September 2005, the Federal Office for Migration and Refugees has
reviewed the applications of 3,676 asylum seekers, 21 (0.6 per cent) of whom have been
recognised as entitled to political asylum. A further 116 persons (3.2 per cent) have been
granted protection against deportation according to Section 60, paragraph 1, of the Residence
Law. The applications of 2,244 persons (61.0 per cent) have been rejected. The cases of
another 1,295 persons (35.2 per cent) have been closed for other reasons, for example because
asylum seekers have withdrawn their applications. Press release
BMI of 06.10.05
September 2005 | | | | |
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