A/HRC/14/43/Add.2
combat all forms of discrimination, through the enactment of the General Equal Treatment
Act, transposing a number of EU directives, and the establishment of the Federal AntiDiscrimination Agency. The Special Rapporteur considers that these legislative measures
were important steps in creating a more robust framework to protect the victims of
discrimination. Apart from creating justiciable rights, the enactment of the General Equal
Treatment Act and the establishment of the Anti-Discrimination Agency also have an
important symbolic role, demonstrating to society that racism and discrimination are
unlawful and that such practices carry swift consequences.
64.
Beyond these legislative reforms, the Special Rapporteur was particularly pleased to
detect a change in the mindset of authorities at the highest levels, starting with the
Chancellor, in recognizing that Germany is today a country of immigration. Such
statements were not common only a few years ago, including when the Special
Rapporteur’s predecessor visited Germany in 1997. This groundbreaking change in rhetoric
and mindset has been well received by migrant communities, who previously felt that their
decades-long contributions to Germany were not properly recognized by the population and
the Government. In the Special Rapporteur’s view, these statements reflect a commitment
from the authorities to address underlying challenges stemming from migration and to
devise a new approach for the integration of migrants in German society, including through
the National Integration Plan. While a number of challenges remain in the continuation of
the fight against racism in Germany, the Special Rapporteur believes that the recognition of
the place of migrants at the heart of German society is a step in the right direction towards
addressing the root causes of racism, racial discrimination, xenophobia and related
intolerance.
65.
During his visit, the Special Rapporteur was able to visit a wide array of projects
that are being implemented at the grass-roots level across Germany. He was positively
impressed with the innovative approaches that lie behind many of these projects, which
directly contribute to addressing the root causes of racism and promote real integration,
particularly for children and adolescents. Such projects are generally implemented in
partnership with active civil society organizations and often supported by the federal or
local governments, including through public funds. While preserving independence and
civil society leadership in these actions, the Special Rapporteur believes that the key
challenge at present is to integrate these actions into a broader, national strategy to create
adequate structures for the integration of racial or ethnic minorities in Germany.
66.
Despite the important progress achieved in the country since the visit of the former
Special Rapporteur in 1997, particularly the reforms undertaken in the past three years, the
Special Rapporteur wishes to point out a number of existing challenges that need to be met
in order to further improve the framework to fight all forms of racism, racial discrimination,
xenophobia and related intolerance in Germany.
67.
The Special Rapporteur is convinced that one of the central problems in furthering
the fight against racism in Germany is the narrow understanding of racism in practice that
for many years prevailed within society at large. Due to Germany’s historical experience,
racism has traditionally been equated with extremist right-wing ideology and violence. This
has posed a number of practical problems, such as a tendency to predominantly characterize
as hate crimes those acts perpetrated by members of extreme right-wing groups, which
results in many such acts being addressed solely as bodily injuries. While the challenge of
eradicating such practices obviously remains relevant, the understanding of racism needs to
be broadened in practice to take into account the changes that have occurred in Germany
over the past half century, including the arrival of a large number of migrants of different
cultural, ethnic and religious backgrounds. In this regard, the Special Rapporteur believes
that the question of racism should also be approached from the standpoint of structures and
institutions that facilitate the integration of such migrants into German society and that
16
GE.10-11624