Responding to
racism in Germany
european network against racism
europäisches netz gegen rassismus
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Racism in Germany
For a very long time racism was regarded as a taboo and was consequently 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 discrimination, the German government’s political views often gives a signal 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 experience 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 implementing 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.
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The Network for the fight
against Racism and for
Equal Rights in Germany
The Network for the fight against Racism and
Equal Rights was founded in 1998. This is a na-
tion wide network (representing the ENAR German National Coordination), with approximately
100 independent action groups, organisations
and unions. The representatives of most orga-
ENAR – the European
Network Against Racism
nisations are from churches, institutions, welfare 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 implementation 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.
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who is experiencing racism?
the national situation.
Migrants, foreigners, and groups from religious and ethnic minorities
are victimised on a daily basis in Germany as far as institutional, economic and social levels are concerned.
This is experienced by being excluded from accessing certain services 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.
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Anti-racism Laws in Germany
The implementation of the EU-Equal Treatment Directives into the
German laws has not yet taken place. Although the German parliament passed a corresponding bill in June 2005, the Law could not be
applied as yet. The Negotiating Committee who was to handle the issue 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 resistance from the economic sector. It is said to interfere with the freedom of the Law Of Contracts, and there is a fear that the implementation 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 Germany. 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.
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Importance of the civil society
infrastructure
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 lac-
king. The previous efforts by the German government to establish a
democratic civil society, which should also include and protect “foreigners” 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 discussions 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.
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Strategic litigation
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 technique; 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 cases, case planning and management, as well as ensuring that favourable 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. Nonetheless, it is essential for all anti-racism actors to recognise the importance of strategic litigation as a tool for generating change.
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Services available for the
victims of racial discrimination
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 discrimination.
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-national 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 Government Representative for Migration, Refugees and Integration (www.
integrationsbeauftragte.de/gra/links/links_212.php).
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Why a European perspective
is crucial
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 racism 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 Union 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 implement it. This reality raises questions about the continuing commitment
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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 expressly allows for NGOs to engage in proceedings in support of or on behalf of victims.
While Article 13 of the Amsterdam Treaty provided the context for developments 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, including 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.
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Key links and sources of further
information at national level
AKTIONCOURAGE : www.aktioncourage.org/ac/links.htm
ADNB-TBB: Antidiskriminierungsnetzwerk Berlin des Türkischen Bundes in Berlin-Brandenburg: www.adnb.de
ARIC-Berlin e. V., Antirassistisch-Interkulturelles Informationszentrum:
www.aric.de
Caritas in Deutschland: www.caritas.de/2070.html
Flüchtlingsräte siehe auf:
www.proasyl.de/de/informationen/links/index.html#1205
Interkultureller Rat in Deutschland: www.interkultureller-rat.de
Leben ohne Rassismus - Netzwerk der Antidiskriminierungsbüros NRW:
www.nrwgegendiskriminierung.de
Zentralrat Deutscher Sinti und Roma: http://zentralrat.sintiundroma.de
Deutsches Institut für Menschenrechte: www.institut-fuer-menschenrechte.de
DGB Bildungswerk: www.migration-online.de/cms/index._cGlkPTE_.html
ZfA - Zentrum für Antisemitismusforschung: www.tu-berlin.de/~zfa/
Key links and sources of further
information at European 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
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ENAR – Germany
Netz 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 Germany
and by the ENAR European secretariat. Download this leaflet:
http://www.enar-eu.org/en/publication/national_leaflets/
ENAR
43, Rue de la Charité • B-1210 Brussels • Belgium
Tel: +32 (0)2 229 3570 • Fax: +32 (0)2 229 3575
E-mail: [email protected] • Web: www.enar-eu.org
This leaflet is funded by the European Commission,
DG Employment and Social Affairs.
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