A/HRC/14/43/Add.2
72.
The Special Rapporteur also wishes to highlight the need to address the
comprehensive socio-economic structures that may positively affect the integration of
foreigners. Direct and indirect discrimination in areas such as housing, employment and
education have contributed to the exclusion of persons with a migration background,
leading them to live in ghettoized communities and be seen by the public at large as
“unwilling” to integrate.
73.
While the importance of addressing new forms of racism and discrimination cannot
be overstated, the Special Rapporteur also calls attention to the need to address more
traditional manifestations of racism in the country. In particular, despite the high level of
awareness within German society of the danger posed to the very foundations of the
democratic system by right-wing extremism, radical right-wing groups continue to exist,
particularly youth organizations and nationalist political parties. Parties like the NPD have
seats in local parliaments and town councils. Although there is a commendable reluctance
from mainstream parties to collaborate with the NPD or allow it to join coalitions, the NPD
is still involved and vocal in political debates, including on sensitive questions like
immigration. While this phenomenon is more prevalent in the east, the Special Rapporteur
would like to emphasize that these groups and parties are active nationwide.
74.
The Special Rapporteur is concerned about the situation of refugees and asylumseekers in Germany. While he acknowledges that Germany has generally been an open
country in accepting refugees and asylum-seekers, the Special Rapporteur notes that some
major concerns were brought to his attention regarding the living conditions of these
groups. In particular, the condition of reception centres for asylum-seekers was considered
to be deplorable in some areas. Some reception centres are situated far from large urban
areas, making it difficult for children to get access to quality education. The Special
Rapporteur also noted that while most asylum claims are processed within three months, a
number of cases continue for a longer period, sometimes years, with asylum-seekers being
confined to reception centres for the duration of the process. The Special Rapporteur is also
concerned about the limited freedom of movement granted to refugees, who often cannot
leave their own districts. This limitation also prevents them from seeking employment or
education away from the locations where they are hosted, contributing to the perpetuation
of their poor socio-economic status.
75.
The Special Rapporteur noted during the mission that, as a consequence of
naturalization rules in Germany, persons with a migration background have been
underrepresented in the political process, both as voters and as representatives. Such
underrepresentation has a major impact on the power of such communities to influence
policymaking and to have a say in the decisions taken in their local communities, as well as
at the federal level. Many migrant communities have also pointed to what they consider to
be an unfair practice, whereby European Union citizens who have resided in Germany for
more than six months are allowed to vote in local elections, whereas foreign citizens who
have resided in the country for many years are not granted a similar right. Granting
migrants who have lived in Germany for a certain period of time the right to vote in local
elections would not only improve their representation in local political institutions, but also
increase the sense of ownership of these communities over the political process and
government decisions.
76.
Despite all the efforts undertaken by the German Government to bring about the
integration of its migrant communities, the Special Rapporteur notes that such communities
are still underrepresented in public life, particularly in the civil service. Some central State
institutions such as the police and the courts have very few members who are from a
migration background. Similarly, in the media and the private sector such persons are very
underrepresented. Representation and visibility of minorities are key to ensuring their
proper integration into German society. The Special Rapporteur takes note of the fact that,
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