E/CN.4/1996/72
page 5
D.
Missions of the Special Rapporteur
13.
During 1995, the Special Rapporteur visited in turn Brazil, Germany,
France and the United Kingdom of Great Britain and Northern Ireland. His
report on his mission to Brazil is available as document E/CN.4/1996/72/Add.1.
Those on the missions to Germany, France and the United Kingdom, will, because
of lack of resources and time constraints, be submitted later. Germany,
France and the United Kingdom respectively submitted periodic reports to the
Committee on the Elimination of Racial Discrimination which will usefully
supplement the information gathered during the missions, without duplicating
it. That information can be summarized as follows.
1.
Mission to Germany
14.
The Special Rapporteur visited Germany from 18 to 27 September 1995. He
wishes to convey his appreciation to the German Government for the
thoroughness with which the visit was organized and for the outstanding
hospitality with which he was received and which contributed greatly to the
success of his mission. He was most gratified at the highly instructive and
valuable exchanges of views he had with the people with whom he spoke and
appreciated their responsiveness and availability, as well as their knowledge
of the problems and their wish to arrive at satisfactory solutions which, in
fact, were not always self-evident. However, it is to be regretted that a
lawyer should have made a point of relating all issues - immigrants, right of
asylum, holding centres, and so forth - to the Federal system and to the
domestic law of Germany, as well as to the European Union, the prime objective
of the German people, thus overlooking international law and the international
conventions duly ratified by his country. The Special Rapporteur based his
discussions on a principle and a virtue which he regards as essential:
dialogue.
15.
His German counterparts grasped the situation so well that they called
him the "Ambassador for Human Rights" a title he welcomes and which he is keen
to deserve fully since it is a noble calling. This attitude which was soon
shared by both sides quickly dispelled the somewhat inquisitorial climate
which characterized the start of his discussions, and greatly facilitated
them.
16.
Xenophobia exists in Germany. It is widely acknowledged that at the
grass-roots level there is racism; hatred of foreigners is not directed
against Europeans, Americans or Australians. Racism is based on skin colour
and religion: people of Judaeo-Christian background and the rest. It is said
that foreigners are tolerated, but not accepted.
17.
It is appropriate to recall that German reunification was accompanied by
a chorus of xenophobic sentiments encouraged by organizations of the far right
and by neo-Nazi cells. Between 1991 and 1993 there was a plethora of
incidents motivated by xenophobia or racism and targeting foreigners and
asylum-seekers. While being mindful of the positive trend taken by events
since 1994, the Special Rapporteur wished to look into the underlying causes
of the phenomena observed and to acquaint himself with the measures taken by
the Federal Government and by the authorities of the Länder and with what had
been done by civil society.