E/CN.4/1996/72
page 7
permanent feature. In the main, this is a matter of the Turkish issue which
is a difficult one which is complicated by intra-Turkish disputes connected
with the question of the Kurds.
23.
The Turks resident in Germany are the largest alien colony, numbering
over 2 million out of 7 million foreigners in the country. This population is
in its third generation: born, educated and trained in Germany, following the
same school, university and vocational studies as people of German stock, the
second and particularly the third generation of immigrants have in general no
more than emotional ties with Turkey. On reaching their majority they
discover that they are not German; they do not have German nationality. They
are conscious of this, for example, on getting married and when submitting
official documents. Few of them are integrated and have acquired German
nationality; unlike foreigners from the European Union, they cannot take part
in municipal elections. Up to the time of the Special Rapporteur’s mission
the question of dual nationality was not resolved. The German law, which
is 82 years old, and the Turkish law, do not allow dual nationality.
Agreements are currently being negotiated between the two States to determine
a policy on dual nationality, which is something that would facilitate the
"integration" of the Turks. But the difficulty remains that the latter, in
general, want to have the status of "national minority" like the two other
national minorities, the Danes and the Swabians.
24.
Efforts still need to be made to change mental attitudes in favour of the
acceptance of a multicultural German society, a matter that is being actively
addressed by the Commissioners for Aliens. Efforts should also be made to
improve the reception of asylum-seekers. The question is complicated by the
European third State clause - and the flood of asylum-seekers from the
former Yugoslavia and from the countries of Eastern Europe gives Germany the
feeling that, more than any other European State, it is bearing the brunt of
the burden of immigration.
25.
The Special Rapporteur makes the following recommendations:
(a)
Living conditions in the holding centres should be improved and the
humanitarian aspect should be taken into account in the refoulement of
irregular immigrants.
(b)
A more humane solution than refoulement should be found, in
particular, for Vietnamese and Mozambicans who were working under contract in
the former German Democratic Republic and whom reunification did not take into
account.
(c)
Lastly, an anti-racist law against anti-Semitism and against
xenophobia should be adopted.
26.
In addition to his findings, the Special Rapporteur transmitted to the
German Government allegations of incidents that may have been racially
motivated. The observations of the German Government on this matter are
annexed to this report (annex I).