CERD/C/DEU/CO/18
page 4
17.
The Committee is concerned about the possible negative effects in terms of indirect
discrimination on the grounds of ethnic origin, due to the exception to the principle of equal
treatment as regards access to rental housing contained in paragraph 19, section III of the
General Equal Treatment Act. According to this provision, landlords can refuse to rent
apartments to persons applying for accommodation with a view to creating and maintaining
socially stable residential structures and balanced housing estates and also balanced
economic, social and cultural conditions. (art.3 and art. 5(e) (iii))
The Committee recommends that the State party guarantee the equal
enjoyment of the right to adequate housing by ensuring that housing
agencies and other providers of accommodation refrain from engaging in
discriminatory practices. Furthermore, the Committee encourages the State
party to consider modifying paragraph 19 section III of the General Equal
Treatment Act in order to conform with article 5 (e) (iii) of the Convention.
18.
The Committee remains concerned about the increase of reported racist-related
incidents against members of the Jewish, Muslim, Roma/Sinti communities as well as
German nationals of foreign origin and asylum-seekers, in particular of African origin. (art.5
(b))
The Committee recommends that the State party take more resolute action
at the federal and Länder level to prevent and punish perpetrators of
racially motivated acts of violence against members of the Jewish, Muslim
and Roma/Sinti communities, as well as German nationals of foreign origin
and asylum-seekers, in particular of African origin. Furthermore, the State
party should provide updated statistical data, on an annual basis, on the
number and nature of reported hate crimes, prosecutions, convictions and
sentences imposed on perpetrators, disaggregated by age, gender and the
national or ethnic origin of victims.
19.
The Committee is concerned about the addition by some Länder of specific
questions to citizenship questionnaires which may be discriminatory, in particular the
questionnaire introduced in Baden-Württemberg, which was to be answered by citizens of
the 57 member States of the Organization of the Islamic Conference (OIC) who apply for
German citizenship. (art. 5 (d) (iii))
The Committee recommends that the Federal Government encourage the
use of questionnaires without discriminatory content, for all applicants for
citizenship.
20.
While taking note of the amendments to the Nationality Law simplifying the
acquisition of German citizenship by long-term residents, the Committee regrets that a
considerable proportion of non-citizens who may fulfil the requirements to obtain
naturalization still live in the State party without citizenship, in particular persons of Turkish
origin. (art. 5(d) (iii))
The Committee recommends that the State party facilitate acquisition of
German citizenship by long-term residents and persons born in Germany in