A/HRC/55/44/Add.1
administration before important legislation is submitted to the Senate; in Leipzig, the
development of an action plan to address discrimination and Islamophobia was initiated by
the city’s Migrants Advisory Council and all concerned groups participated. The Special
Rapporteur regrets that no national policies or even guidelines exist to foster such practices
across all states.
54.
The Special Rapporteur was informed that, within the framework of the International
Decade for People of African Descent, a national coordination office was created in 2022,
with the aim of casting light on the perspectives and life situations of people of African
descent in Germany. She hopes that the office will seize the opportunity to ensure that people
of African descent exercise their right to participate in decision-making relating to their
cultural life, and will involve them in actions on the recommendations of the Working Group
of Experts on People of African Descent, in particular concerning the appointment of
educators of African descent to the commissions of the boards of education that develop
school curricula and their content.
C.
Situation of long-established migrants
55.
Beyond its four recognized national minorities, Germany has been receiving migrants
for centuries and more than 28.6 per cent of its population is registered as having a migration
background, 10 either because they were born outside the country or because one of their
parents was not German. A large number of those with a migration background were born
and raised in the country. In recent years, about 700,000 Syrians and over 1 million
Ukrainians have settled in Germany.11 The country must be commended for its efforts to open
its borders to migrants during these recent crises.
56.
The Special Rapporteur underscores that there has been insufficient consideration of
the situation of migrants who have been established in the country for generations, known as
“guestworkers” (Gastarbeiter). These migrants received lower salaries, had limited access to
public services and received very little support for their integration. The work force they
provided, however, was instrumental to rebuilding Germany after the two world wars,
enabling the country to become a major European power. Their critical contribution is slowly
being recognized by the Government, and specific measures for their naturalization are being
considered in the review of the Nationality Act.
57.
The position of Germany regarding these long-established migrants is ambivalent. On
the one hand, in many ways, they are no longer considered to be foreigners, but to be
Germans, and so their linguistic and cultural differences are not recognized. In interactions
with public bodies, migration backgrounds are not always seen as relevant, in particular for
those who grew up in Germany and speak German fluently. In many instances, this may be
true but it also implies that the cultural expressions of these persons are neither recognized,
nor encouraged to prosper or be further transmitted, and do not benefit from any protection.
58.
On the other hand, minority protection has been granted to certain groups who have
been allowed to maintain their linguistic and cultural specificities. In 1997, when signing the
Council of Europe’s Framework Convention for the Protection of National Minorities, the
Federal Government declared that the only national minorities of Germany protected by the
instrument would be the Danes, the Frisians, the Sinti and Roma, and the Sorbs, considered
to meet the five criteria of having German nationality; having their own language, culture
and history and thus their own distinct identity; wishing to maintain their distinct identity;
traditionally residing in Germany; and living in traditional settlement areas. 12 The
10
11
12
12
Federal Office for Statistics, “Population in private households with migrant background”. Available
at: https://www.destatis.de/EN/Themes/Society-Environment/Population/MigrationIntegration/_node.html#sprg265538.
Federal Office for Statistics, “Persons seeking protection by protection status, regions and countries
of origin (citizenship)”. Available at https://www.destatis.de/EN/Themes/SocietyEnvironment/Population/Migration-Integration/Tables/protection-countries-of-origin-status.html.
Federal Ministry of the Interior and Community, “National minorities”. Available at
www.bmi.bund.de/EN/topics/community-and-integration/national-minorities/national-minoritiesnode.html.
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