E/CN.4/1996/72/Add.2
page 10
Germany and Viet Nam, signed on 9 June 1992, almost 40,000 Vietnamese workers
have been obliged to return home. There remain around 20,000 whose situation
is unstable because of the very limited duration of the work permits granted
them (three to six months). They risk being refused the right to stay in the
country if they lose their jobs. Some have already gone underground because
of their precarious situation, and are accused of smuggling cigarettes as
their only source of income.
51.
One of the contradictions in Germany's policy on integration stems from
the naturalization law which still rests on the principle of jus sanguinis,
while the majority of European countries have opted for jus sanguinis and
jus soli combined. German law thus allows nationality to be conferred
automatically on people of German origin from the former Soviet Union and
Eastern Europe, but imposes stricter conditions, including renunciation of
their original nationality, on the children of immigrants, including Turkish
children who were born in and have long been living in Germany. The refusal
to recognize dual nationality except in rare instances is an obstacle to full
integration. Another problem with integration which is both difficult and
complicated relates to quarrels among Turks over the Kurdish question, which
often gives rise to violence within Germany.
52.
Despite the contradictions in its immigration and integration policies,
Germany has considerable assets, in the form of its Commissioners for
Foreigners, working in favour of the integration of foreign population groups.
The Commissioners are highly dedicated and competent people working at both
the Federal and the Land level.
53.
Notable efforts have been made by the Federal Commissioner for
Foreigners, and the Commissioners for Foreigners in Hamburg (see annex III)
and Berlin (annex IV). One innovation worthy of note has been made by the
Police Department in the city of Frankfurt, where three Commissioners for
Foreigners (one Turkish woman, one Turkish man and a Moroccan man) have been
appointed to improve or facilitate relations between the police and the
communities concerned.
54.
The Intercultural Council in Germany (Interkulturellerat in
Deutschland e.V.), founded in August 1994 and composed of equal numbers
of foreigners and Germans, also helps to bring about rapprochement between
native Germans and foreigners. It is committed, independent of extreme
events, to combat racism and xenophobia over the long term, producing
publications (brochures, posters and pamphlets) every year on symbolic
dates such as 21 March (International Day for the Elimination of Racial
Discrimination), 3 October (German Unity Day) and 10 December (Human Rights
Day), suggesting action to be taken, engaging in public relations, through
statements in the press, on current topics, and submitting petitions and
claims to political bodies.
V.
CONCLUSIONS AND RECOMMENDATIONS
55.
The Special Rapporteur would like to emphasize how valuable his visit
to Germany, outlined here, was. It enabled him to assemble a large body of
documentation which he hopes he has been able to distill despite the shortages
of human and material resources he continues to face. It also allowed him to