E/CN.4/1995/78
page 15
72.
One of the first steps taken by the IGR, in February 1993, was the
federal campaign against right-wing, extremist skinhead activities, since the
IGR considered it essential to put a stop to the music common in skinhead
circles, with lyrics that are punishable under the criminal law. These songs
express a thinly disguised racism and advocate anti-Semitism, xenophobia and
violence. Often concerts given by skinhead groups were accompanied or
followed by violence, and the songs - also propagated through the various
musical media - as well as the behaviour of skinhead groups at these concerts
(cries of "Sieg Heil!" and salutes to Hitler) aroused the audience. In the
IGR’s view, simultaneous enforcement measures throughout Germany were
necessary to achieve the desired effect. The so-called "Notenschlüssel"
campaign was thus devised to counter producers and distributors of skinhead
music.
73.
The IGR is also keeping a very close watch on the dissemination in
Germany of neo-Nazi propaganda material, particularly flags, insignia and
arm-bands bearing a swastika, neo-Nazi and anti-Semitic literature, videos,
posters and stickers, and the journal NS-Kampfruf, which is published in
nine languages. In particular, the stickers with swastikas which can be found
throughout Germany (they are plastered all over the place during the night)
pave the way for xenophobia and violence. For years now, the German police
have been trying to stem this tide of propaganda material and to locate the
distribution services (isolated "cells"). Apart from the activities of the
IGR, magazines, books and music are scrutinized with a view to detecting any
right-wing extremist or neo-Nazi thinking. Where this exists, steps to ban
the material concerned are initiated and criminal law measures are envisaged.
74.
On the basis of information provided by the police, the Federal Minister
of the Interior banned the Nationalistische Front (NF) on 27 November 1992,
the Deutsche Alternative (DA) on 10 December 1992, and the Nationale Offensive
(NO) on 22 December 1992, and ordered the immediate enforcement of these
measures. In addition, the Minister of the Interior of the Land of Lower
Saxony exercised his regional powers to ban the Deutsche Kameradschaftsbund
Wilhelmshaven (DKB). All premises of these organizations and the apartments
of many of their members were searched, and large quantities of documents,
propaganda material and possessions were confiscated. Under the law, these
organizations have been prohibited from engaging in any activity, under pain
of criminal prosecution and enforcement measures.
75.
The State has thus sent an unmistakeable message that it is no longer
prepared to tolerate this permanent agitation, directed mainly against
foreigners, which instils in part of the population a xenophobic attitude that
incites it to commit violent acts. On 9 December 1992, the Federal Government
lodged an initial request with the Federal Constitutional Court to deprive
two recognized rightist extremists of their fundamental rights in accordance
with article 18 of the Constitution. If this request is granted, the
individuals concerned, for a length of time set by the Court, will be
forbidden from publicly expressing their opinion on political issues,
propagating their political views, participating in or organizing political
meetings and being active within or on behalf of organizations with political
aims. For as long as they are deprived of their fundamental rights, they are
also deprived of their right to be elected.