A/HRC/4/21/Add.1
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Germany
Urgent appeal sent on 21 February 2006 jointly with the Special Rapporteur on
contemporary forms of racism, racial discrimination, xenophobia and related intolerance
and the Special Rapporteur on the human rights of migrants
152. The Special Rapporteurs brought to the attention of the Government information they had
received relating to a questionnaire introduced in the state of Baden-Württemberg. The
questionnaire is to be answered by citizens of the 57 member states of the Organization of the
Islamic Conference (OIC) who apply for German citizenship. According to the information
received, on 1 January 2006, the Ministry of the Interior of Baden-Württemberg introduced a
questionnaire directed principally at Muslims who want to obtain German citizenship. They are
required to fill out a 30-question questionnaire, concerning a number of issues including attitudes
to equality between men and women, homosexuality and freedom of religion.
153. The Special Rapporteurs were concerned that an obligation imposed only on the citizens
of the 57 OIC member states could be discriminatory, especially considering the large Turkish
community living in Germany. It was further reported that under the new legislation, those who
pass the test can have their citizenship revoked if they are found guilty of acting in conflict with
their responses to the questions.
Response form the Government sent on 28 March 2006
154. The following information was provided by the Government regarding the questionnaire
introduced in the state of Baden-Württemberg. The naturalization of foreigners in Germany is
carried out by the Länder as their own affair, as the Nationality Act (effective from 1 January
2006) provides. One requirement of that Act is that persons who wish to become naturalized
citizens must declare their allegiance to the principles of freedom and democracy enshrined in
the Basic Law and that they are not and have not ever engaged in activities opposed to these
principles or to the existence or security of the state.
155. The Interior Ministry of Baden-Württemberg adopted a so-called “guide for conducting
interviews” to examine applicants’ compliance with this requirement. The naturalization
authorities are supposed to use this guide only in case of doubt of an individual applicant’s
allegiance to the constitutional principles of freedom and democracy. There is no intent to make
applicants answer all 30 questions provided in the mentioned guide. The authorities are free to
choose the questions.
156. The Interior Ministry clarified in a decree of 17 January 2006 that the questions from the
interview guide were not intended only for use with Muslim applicants, but were to be used with
all applicants for naturalization in case of doubts regarding their allegiance to the constitutional
principles of freedom and democracy. Muslim applicants are, therefore, not treated differently
from other applicants. The Ministry also stated that the naturalization authorities as a rule were
not aware of the religious affiliation of applicants, due to the fact that the application form did
not ask for this information. As a result, it would be impossible to target Muslim applicants for
questioning. Although 60% of naturalized immigrants in Baden-Württemberg came from the
OIC nations, in the majority of the cases, the authorities had no doubts about their allegiance to
the freedom and democracy principles and did not ask them the questions using the interview