U.S. State Department Human Rights Report 2004 -- Germany
Gerry Armstrong
Germany
Country Reports on Human Rights Practices - 2004
Released by the Bureau of Democracy, Human Rights, and Labor
February 28, 2005
Germany is a constitutional parliamentary democracy; citizens
periodically choose their representatives in free and fair multiparty
elections. A coalition government of the Social Democratic Party (SPD)
and Alliance 90/The Greens returned to office in 2002 elections. The
head of the Federal Government, the Chancellor, is elected by the
Bundestag, the directly elected chamber of the federal legislature.
The second chamber, the Bundesrat, represents the 16 states. The
powers of the Chancellor and of the Parliament are set forth in the
Basic Law (Constitution). The 16 states enjoy significant autonomy,
particularly regarding law enforcement and the courts, education, the
environment, and social assistance. The judiciary is independent.
Civilian authorities maintained effective control of the security
forces. State governments have primary responsibility for law
enforcement, and the police are organized at the state level. Some
members of the security forces are alleged to have committed isolated
human rights abuses.
A well-developed industrial economy provides citizens with a high
standard of living. The population was approximately 82 million.
The Government generally respected the human rights of the citizens;
however, there continued to be instances of ill treatment of prisoners
and detainees by police. Under a new law, the courts may order that a
person be detained indefinitely if convicted of particularly serious
crimes and has completed his sentence but is judged, after expert
testimony, to be a danger to the public. There were some limits on
freedom of assembly and association. There was some government and
societal discrimination against minority religious groups. Instances
of societal violence and harassment directed at minority groups and
foreign residents continued, and the Government at times did not
provide adequate protection. Women continued to face some job
discrimination in the private sector, as did minorities and
foreigners. Trafficking in persons, particularly women and girls, was
a problem, which the Government actively combated.
RESPECT FOR HUMAN RIGHTS
Section 1
Respect for the Integrity of the Person, Including Freedom From:
a. Arbitrary or Unlawful Deprivation of Life
There were no politically motivated killings by the Government or its
agents; however, there was one instance in which police may have been
culpable in the death of an individual in their custody.
In August, a 35 year old man died after officers of the Special Unit
Commandos (SEK) arrested him in his home in Neukoelln, Berlin. The
officers are alleged to have held the man down with an iron shield and
handcuffed him. Shortly afterwards, the man complained about feeling
ill; an emergency physician was called, but the suspect died. The
Berlin public prosecutor was still investigating this matter at year's
end.
In July 2003, a court in Cologne found six police officers guilty of
the 2002 beating death of a man who had been arrested; sentences
ranged from 12 to 16 months in jail, and the officers appealed the
decision. In July, the Cologne Court of Justice rejected the appeal
but justified the comparatively lenient sentences by citing evidence
by a medical expert linking the death (2 weeks after the beating) to a
pre existing medical condition. Nevertheless, since the sentences were
12 months or more, the police officers were dismissed from the police
and lost their status as civil servants.
On October 18, a Frankfurt state court convicted three officers of the
border police (BGS) charged with the 1999 death of a Sudanese asylum
seeker during a deportation flight. The court found the officers
guilty of inflicting "bodily harm with fatal consequences." The men
were sentenced to 9 months of probation. Two of the three retained
their jobs and pensions, while the third lost his job under the terms
of his introductory 90 day trial period, as he had joined recently.
The court ruled the men had not received sufficient instruction from
the BGS on how to respond in crisis situations.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Basic Law prohibits such practices; however nongovernmental
organizations (NGOs) and other observers asserted that there continued
to be instances in which police ill treated and used excessive force
against individuals in their custody. The Government investigated a
number of abuses and prosecuted police who mistreated persons in
custody (see Section 1.d.).
In February, Stuttgart police allegedly beat a foreigner who had been
arrested for refusal to provide identification or accompany officers
to the station in connection with an identification check. Stuttgart
prosecutors conducted a full investigation and concluded that there
was no legal basis to pursue criminal charges against the officers
involved, determining that the individual was extremely intoxicated
and police action had occurred in the course of resisting arrest.
In February 2003, an employee at the Cologne police headquarters
struck a detainee whom he alleged was verbally abusive. Authorities
reassigned the employee to another position and began an
investigation, which remained pending at year's end.
In April 2003, authorities charged three police officers in Frankfurt
am Main with assault for beating Andre Heech after arresting him in
February for failing to return from a prison work release program.
Heech, an amputee, alleged that one of the officers struck the
remaining part of his leg with a metal pipe, and that he was not
provided medical assistance. The case remained pending at year's end.
In October 2002, Frankfurt prosecutors charged Deputy Police
Commissioner Wolfgang Daschner with threatening to use violence
against a kidnapping suspect in police custody. Daschner threatened
serious bodily harm to the kidnapper, Marcus Gaefgen, if he did not
disclose the whereabouts of the kidnapped individual. Daschner faced a
sentence of up to 1 year in prison. On December 20, he was sentenced
to a 1 year probation, during which if further abuses were reported he
would be fined approximately $13,500 (10,000 euro).
In November, police in Baden Wuerttemberg initiated an investigation
of three police officers suspected of having mistreated a suspect
during a drug raid at a subway station in Stuttgart. According to a
Stuttgart city council member, two civilian policemen forced a suspect
to lie down on the floor of the subway station and a third policeman
kicked him. The city council member filed a legal complaint against
the police officers, and the Stuttgart prosecutor's office was
investigating the case at year's end.
Late in the year, military authorities began a criminal investigation
of a Bundeswehr army captain and 17 noncommissioned officers stationed
in Coesfeld, near Muenster, charged with abuse and degrading treatment
of draftees during training. Drill instructors allegedly stripped,
kicked, and used electric shock on the inductees. All 18 Bundeswehr
members were suspended from duty while the investigation by the
Muenster state prosecutor continued. If convicted the defendants faced
sentences of to up to 5 years in prison.
There were a number of violent attacks by rightwing groups on minority
groups and foreigners (see Section 5).
Prison conditions met international standards.
Men were held separately from women, juveniles were held separately
from adults, and pretrial detainees were held separately from
convicted criminals.
The Government permits visits by independent human rights observers,
and such visits took place.
d. Arbitrary Arrest or Detention
The Basic Law prohibits arbitrary arrest and detention, and the
Government generally observed these prohibitions.
The police forces are organized at the state level. The jurisdiction
of the Federal Criminal Office is limited to counterterrorism and
international organized crime, particularly narcotics trafficking,
weapons smuggling, and currency counterfeiting. The Federal Criminal
Police, as the country's central police agency, coordinates crime
suppression at the national and international level, and investigates
certain limited cases of international crime as mandated by the law or
the public prosecutor. Police forces in general were trained to a high
professional level, disciplined, and mindful of citizens' rights. The
Government investigated abuses and prosecuted police who mistreated
persons in custody (see Sections 1.a. and 1.c.). Allegations of
corruption were very rare.
An individual may be arrested only on the basis of a warrant issued by
a competent judicial authority, unless the suspect is caught in the
act of committing a crime or the police have strong reason to believe
that the individual intends to commit a crime. If there is evidence
that a suspect might flee the country, police may detain that person
for up to 24 hours pending a formal charge. An individual detained by
police must be brought before a judge and charged within 24 hours of
the arrest. The court then must issue an arrest warrant stating the
grounds for detention or order the individual's release.
Police at times detained known or suspected radicals for brief periods
when they believed such individuals intended to participate in illegal
or unauthorized demonstrations (see Section 2.b.). The rules governing
this type of detention are different in each state, with authorized
periods of detention ranging from 1 to 14 days, provided judicial
concurrence is given within 24 hours of initial detention. There were
no reports of such detention during the year.
Detainees have access to lawyers. Only judges may decide the validity
of any deprivation of liberty. Bail exists but was employed
infrequently; detainees usually were released unless there was clear
danger of flight outside the country. In these cases, a person may be
detained for the duration of the investigation and subsequent trial.
Such decisions are subject to regular judicial review, and time spent
in investigative custody applies toward the sentence. In cases of
acquittal, the Government must compensate the individual.
A law allowing a so called "retroactive preventive detention" for
criminals went into force in July. Under the new law, criminals cannot
be punished twice for the same crime; however, in cases involving
certain serious crimes (rape, homicide, manslaughter, and others),
courts may order that detention be continued after the sentence has
been served ("preventive detention"). This requires a court finding
that the convicted person could pose a danger to the public, and
requires at least one expert opinion. The detention could last for an
indefinite period of time.
e. Denial of Fair Public Trial
The Basic Law provides for an independent judiciary, and the
Government generally respected this provision in practice. Ordinary
courts have jurisdiction in criminal and civil matters. There are
three levels of such courts (local courts, regional courts, and the
Federal Court of Justice), with appeals possible from lower to higher
levels. In addition to the ordinary courts, there are four types of
specialized courts: Administrative, labor, social, and fiscal. These
courts also have different levels, and appeals may be made to the next
higher level.
In addition, the Federal Constitutional Court, the country's supreme
court, reviews laws to ensure their compatibility with the Basic Law
and adjudicates disputes between different branches of government on
questions of competency. It may also hear and decide cases concerning
the infringement of a person's basic constitutional rights by a public
authority.
The judiciary provided citizens with a fair and efficient judicial
process, although court proceedings at times were delayed because of
increasing caseloads. For simple or less serious cases, procedures
exist for an accelerated hearing and summary punishment at the local
court level. The maximum sentence for such cases is limited to 1 year.
Generally, a 1 year sentence is suspended and the individual is placed
on probation.
Trials are public and juries are usually used; however, some cases are
heard by two lay judges and two to three professional judges. In such
cases, the lay judges have the same rights as the professional judges.
Defendants are required to be present and have the right to consult
with an attorney in a timely manner. An attorney is provided at public
expense if defendants demonstrate financial need. Defendants may
confront or question witnesses against them and present witnesses and
evidence on their behalf. In addition, defendants and their attorneys
have access to government held evidence relevant to their cases. They
also enjoy a presumption of innocence and have a right of appeal.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Basic Law and statutory laws prohibit such actions, and government
authorities generally respected these prohibitions in practice;
however, the privacy of members of organizations under observation by
the federal and state Offices for the Protection of the Constitution
(OPCs) may have been infringed (see Sections 2.b. and 2.c.).
The monitoring of private conversations requires the concurrence of
the courts and is permitted only where there is a suspicion of a
serious offense that could carry a prison sentence of more than 5
years. In March, the Federal Constitutional Court ordered that the law
on monitoring conversations in private homes be amended so that the
state security division of a regional court could no longer order
monitoring when the individuals under surveillance were speaking to
close relatives, doctors, priests or defense lawyers. The ruling will
require an amendment to the law, which had not taken place by year's
end.
Section 2
Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Basic Law provides for freedom of speech and of the press, and the
Government generally respected this right in practice; however, there
were some limits on freedom of speech and press. Academic freedom was
not restricted.
Distribution of the propaganda of proscribed organizations is illegal,
as are statements inciting racial hatred, endorsing Nazism, and
denying the Holocaust. The authorities sought to block what they
considered dangerous material on the Internet. In March, police
nationwide raided over 300 apartments to search for and seize
rightwing extremist CDs and other banned music products. For example,
there were a growing number of neo Nazi musical bands in Lower Saxony
that called for violence or employed xenophobic or racist lyrics. As
in other states, rightwing extremists planned the distribution of such
CDs in Lower Saxon schools. The government of Lower Saxony deterred
rightwing extremists from distributing these CDs by officially
declaring it a criminal offense. In 2003, members of the Berlin neo
Nazi band Landser were convicted of forming a criminal organization
and sentenced to terms ranging from 3 years and 4 months in prison to
21 months' probation.
In July, the Constitutional Court ruled that, in general, neo Nazi
groups enjoy a constitutionally guaranteed right of freedom of speech.
The highest court overturned a state court ban on a rally by rightwing
extremists protesting construction of a synagogue. The judges
specified, nonetheless, that anti Semitic or racist statements
remained illegal.
Apart from these limitations, the independent media were active and
expressed a wide variety of views without government restriction.
The law bans access to prohibited material (for example, child
pornography and Nazi propaganda) on the Internet, and the Government
explored ways to expand international cooperation against Internet
crime. For example, between 2002 and 2004 the Duesseldorf District
Administration issued 90 ordinances against Internet providers in
North Rhine-Westphalia, forcing them to block access to certain
websites with rightwing extremist content. Appeals of these ordinances
were making their way through the courts at year's end.
A 2003 federal report estimated that there were more than 950 Internet
sites with what the authors considered to be hate inciting propaganda.
While the number of such Internet sites decreased slightly due to
government prosecution, the extremist groups used other methods such
as e mail and chat rooms to deliver their message. The Federal Court
of Justice has held that the country's laws against Nazi incitement
may apply to individuals who post Nazi material on Internet sites
available to users in the country even if the site resides on a
foreign server.
b. Freedom of Peaceful Assembly and Association
The law provides for freedom of assembly, and the Government generally
respected this right in practice; however, outlawed organizations were
not permitted to hold public assemblies. Permits must be obtained for
open air public rallies and marches, and state and local officials
have the authority to deny such permits when public safety concerns
arise or when outlawed organizations attempt to hold public
assemblies.
In March 2004, the Muenster Higher Regional Court confirmed a ban by
local authorities on two planned demonstrations by the German National
Democratic Party (NPD) against the construction of a synagogue in
Bochum, citing the party's anti Semitic tendencies and the racially
inflammatory motto for the demonstration as reasons for the ban. The
NPD lodged a constitutional complaint against this decision with the
Federal Constitutional Court. In June, when local law enforcement
authorities banned another planned NPD demonstration against the
construction of the synagogue, the party went directly to the
Constitutional Court, which unanimously granted a temporary injunction
to have the ban lifted. The demonstration took place on June 28. The
case remained before the Federal Constitutional Court at year's end.
In August, in Wunsiedel, more than 2,000 neo Nazis participated in an
annual march to honor Rudolf Hess. City officials had tried to ban the
march, but the Bavarian Administrative Court had ruled against a ban.
Several hundred individuals gathered also to oppose the march.
Authorities arrested 105 individuals for carrying guns and illegal
symbols such as swastikas.
On September 20, the Berlin Senate banned the holding of the "First
Arab and Islamic Congress in Europe" scheduled to take place on
October 1 3 in Berlin. The conference organizer, in the media and on
his website, used anti Semitic slogans and was quoted saying it was a
"sacred duty" to resist "US British Zionist" "terror" and "hegemony"
and calling for "liberation of all occupied lands" and resistance
"against the aggression and occupation in Palestine and Iraq."
Mainstream Muslim organizations and German officials had publicly
expressed their concerns about the planned event, saying it would
violate German laws against violence incitement. On September 18,
conference organizer Fadi Madi was refused entry into Germany on those
grounds and was sent back to his residence in Lebanon.
The law provides for freedom of association, and the Government
generally respected this right in practice; however, the Basic Law and
the Association Law permit the banning of organizations whose
activities are found to be illegal or opposed to the constitutional
democratic order as established by the Basic Law. The Federal
Constitutional Court is the only body that can outlaw political
parties on these grounds. Federal or state governments may ban other
organizations on these grounds, but legal recourse against such
decisions is available. Such banned organizations included a number of
groups that authorities generally classified as rightwing or leftwing,
foreign extremist, or criminal in nature. Several hundred
organizations were under observation by the federal and state OPCs
(see Section 1.f.). The OPCs were charged with examining possible
threats to the constitutional democratic system; they had no law
enforcement powers. Observation generally consisted of collecting
information from written materials and firsthand accounts in order to
assess the possible threat. While OPC monitoring by law may not
interfere with the continued activities of any organization, the OPCs
publish a list of organizations being monitored, which could affect
those organizations' activities (see Section 2.c.). At times, more
intrusive methods, such as the use of undercover agents, could be
employed, subject to legal checks.
In October 2003, more than 300 police officers raided homes and
meeting places of suspected neo Nazi groups in Schleswig Holstein and
Hamburg. Police found weapons and arrested several individuals
suspected of "forming a politically motivated criminal organization."
The suspects were associated with the international neo Nazi group
Combat 18. Seven individuals were arrested. In April, the Kiel
District Court sentenced one of those arrested, a known rightwing
extremist, to 3 years and 2 months in prison on 13 counts of illegal
weapons trading. Of the remaining six suspects, two received probation
in firearms related proceedings, one remained in prison awaiting trial
on charges of illegal weapons trading, and three were released from
pretrial detention and were awaiting trial.
An Aachen based Islamist group, the Al Aqsa Association, which was
banned by the federal Interior Minister in 2002 due to its financial
support of the terrorist organization Hamas, lodged an appeal against
the ban at the Federal Administrative Court in August 2002. In July,
the court decided to suspend the ban until the appeal was adjudicated.
On December 3, in a final decision, the Federal Administrative Court
in Leipzig confirmed the ban.
Nine members of the Kameradschaft Sued, a neo Nazi gang from the
southern part of the country, were charged in an alleged 2003 plot to
bomb the site of a planned Jewish community center in downtown Munich.
The first of two trials, involving three teenage girls and two men,
began in October. The public was largely excluded in order to protect
the defendant minors. The trial of ringleader Martin Wiese and three
members of his inner leadership circle began in November.
c. Freedom of Religion
The Basic Law provides for freedom of religion, and the Government
generally respected this right in practice; however, some religious
minorities continued to experience instances of discrimination.
Church and State are separate, although the State
bestows certain advantages upon those religious communities that have
the status of "corporation under public law." This status entitles
them, among other things, to levy taxes on their members, which the
Government collects for them. The decision to grant public law
corporation status is made at the state level, but the requirements
generally include a minimal number of members and financial resources,
evidence of continuity of existence, and observance of, and
consistency with, the Basic Law.
Religious organizations are not required to register, although many
were registered and were treated as nonprofit associations and
therefore enjoyed tax exempt status.
The Government does not recognize for public administration purposes
several belief systems, such as Scientology, as religions; however, it
does not prevent them from engaging in public and private religious
activities. The Church of Scientology, in particular, is viewed,
instead, as an economic enterprise. Moreover, federal and state
authorities have classified Scientology as a potential threat to
democratic order, measures which have led to employment and commercial
discrimination against Scientologists in both the public and private
sectors. Within the federal system, the states showed large
differences with respect to their treatment of Scientology. Most
states did not monitor Scientology, but Bavaria, which had
unsuccessfully sought support among other states for a federal ban,
continued to do so. The state of Baden Wuerttemberg also continued to
monitor Scientology, which it labeled a dangerous sect. In November,
the Cologne Administrative Court ruled that the observation of
Scientology by the Federal OPC, including the use of undercover
methods, was legal. The court found that there were "factual
indications" that Scientology sought to undermine the "free and
democratic basic order" of the FRG. The court rejected a petition by
Scientology to end its observation by the OPC, which has been ongoing
since 1997. Scientologists announced plans to appeal.
Scientologists encountered other forms of hostility and suspicion from
official sources. According to Scientologists, when the Ministry of
Trade and Commerce of Baden Wuerttemberg learned in October that the
winner of the "Baden Wuerttemberg Support Prize for Young Companies"
had been awarded to a Scientologist, the Ministry withdrew the prize
of approximately $20,250 (15,000 Euro). In another instance, a
Scientologist claimed that his license to be an expert witness for
cases involving real estate claims, granted by the Berlin Chamber of
Industry and Commerce, would not be renewed because of his affiliation
with the Church of Scientology. The Chamber claimed not only that
Scientologists should not be active on the real estate market but also
that many judges would not accept testimony from a witness affiliated
with Scientology.
Employment offices throughout the country continued to implement a
1996 administrative order of the Ministry of Economics and Labor
directing them to enter an "S" notation next to the names of firms
suspected of employing Scientologists, a notation that was
subsequently made optional. Employment counselors are supposed to warn
their clients that they might encounter Scientologists in these
workplaces. Scientologists claimed that the "S" notations violate
their right to privacy and interfere with their livelihood. Private
sector firms have frequently screened for Scientology affiliations,
citing OPC observation of Scientology as a justification for
discrimination. Unlike in previous years, there were no reports that
the Federal Property Office barred the sale of real estate to
Scientologists.
Outside the government sector, the Lutheran Church employed "sect
commissioners" to warn the public about supposed dangers posed by
Scientology, as well as by the Unification Church, Bhagwan Osho, and
Transcendental Meditation. The Lutheran Church also characterizes the
Church of Jesus Christ of Latter day Saints (Mormons), the Jehovah's
Witnesses, the Church of Christ, Christian Scientists, the New
Apostolic Church, and the Johannish Church as "sects," but in less
negative terms than it does Scientology.
The Unification Church sought legal remedies against the Government's
entry ban on the founder of the Unification Church, Reverend Sun Myung
Moon, and his wife, Hak Ja Har Moon. Federal courts ruled that the ban
did not infringe upon church members' freedom to practice their
religion. An appeal against the ban was pending at year's end. In
December, the Berlin Administrative Court offered the Jehovah's
Witnesses conditional Public Corporate status. The conditions, if
accepted, are as follows: Jehovah's Witnesses would not collect the
Church tax, they would not take part in religious lessons in schools,
and they would not be appointed to church civil servant status. At
year's end, the Witnesses had not responded to this proposal.
In April, following legal maneuvering and debate in 2002 and 2003,
Baden Wuerttemberg became the first state to enact a law banning the
wearing of headscarves by teachers in public schools. Saarland,
Hessen, and Bavaria soon followed. In June, the Federal Administrative
Court in Leipzig upheld the law and the state's decision to deny a
teaching position to plaintiff Fereshta Ludin. In March, Baden
Wuerttemberg authorities suspended teacher Gabriele Graber for
refusing to remove her headscarf; the suspension remained pending a
decision on Graber's case by the Federal Administrative Court in
Leipzig. Other cases were also pending in the court system at year's
end. An amended school law that entered into force in Lower Saxony in
May also prohibited Muslim teachers from wearing headscarves while on
duty in public schools. On October 8, the Hessen state parliament
passed a law barring headscarf use by all public officials. In
contrast, Hamburg permitted teachers to wear headscarves.
In October, a court in Leipzig ruled that Christian nuns teaching in
public schools, a common practice, must also conform to a Baden
Wuerttemberg law that prohibited the wearing of religious
paraphernalia in schools. When Bavaria banned headscarves and other
religious symbols deemed contrary to constitutional order in November,
it did not ban the wearing of crucifixes or nuns' habits, claiming
that they were professional uniforms.
While traditional anti Semitism based on religious doctrines and
traditional anti Jewish prejudices continued to exist, Jewish leaders,
academics, and others contended that a newer, nontraditional, form of
anti Semitism was emerging. This form tended to promote anti Semitism
as part of hostility to globalization, capitalism, Israel, and
foreigners.
According to the 2003 report by Office for the Protection of the
Constitution, the total number of registered Anti Semitic crimes went
down to 1,199 (from 1,515 in 2002). However, among these, the number
of violent crimes increased from 28 to 35, and the number of
desecrations of Jewish cemeteries, synagogues, and memorials increased
from 78 to 115. On July 31, a rightwing extremist attempted to put an
NPD leaflet in the hand of a young man wearing a Star of David sticker
who was walking on a street in Berlin. When the young man dropped the
leaflet on the sidewalk, the extremist attempted to strangle him and
throw him on the ground, causing minor injuries. The authorities
apprehended and charged the offender.
In August, according to the Zionist Organization of Frankfurt, four
men in downtown Frankfurt harassed an English speaking Orthodox Jew,
shouting, "they forgot to send your parents to the gas chamber" and
jostled the individual until he fell to the ground. The men fled the
scene immediately.
The desecration of Jewish cemeteries continued to be the most
widespread acts of anti Semitic violence. In January, vandals knocked
over a number of headstones in a Jewish cemetery in Nickenich. They
smeared four other headstones with black paint and partially dug up
one of the graves in the cemetery. Police officials offered a reward
of approximately $3,375 (2,500 Euro) for information on the incident.
In April, vandals scrawled swastikas and Nazi epithets on five
headstones at a Jewish cemetery in Bausendorf. In June, vandals
knocked over two headstones and scratched swastikas into seven others
at a Jewish cemetery in Alsbach Haehnlein; police were investigating
the incident.
Also in June, 45 gravestones in an ancient Jewish cemetery in
Duesseldorf were covered with swastikas, SS-signs and anti-Jewish
slogans. Another Jewish cemetery in Bochum was vandalized in August.
Police investigators were unable to identify the perpetrators. In
October, police announced that the Jewish cemetery in Julich had been
desecrated; swastikas and other anti Semitic symbols had been daubed
on the gravestones.
On September 23, 350 persons demonstrated in the district of
Neunkirchen (Saarland) against the desecration of the Hermanstrasse
Jewish cemetery earlier in the month. According to police, the
desecration nearly destroyed the cemetery. Vandals have desecrated the
Hermanstrasse graves on 10 occasions since 1971, including twice
during the year. The incident took place after significant electoral
gains by the far right party NPD in Neunkirchen (5.6 percent) and
neighboring Voelklingen (9.7 percent) in Saarland's September 5 state
elections.
On December 8, it was discovered that billboards advertising the
campaign against forgetting the Holocaust in the Steglitz section of
Berlin had been defaced with anti Semitic graffiti and slogans in
support of a neo Nazi organization.
Frankfurt's Jewish community harshly criticized anti Semitism on the
part of some Islamic representatives at the Frankfurt Book Fair, held
in October. Jewish representatives cited open displays of anti Semitic
texts, such as the book "Terror and Zionist Thinking" (featuring a
cover illustration of an individual standing in a pool of blood with a
skull with a Star of David).
All branches of Islam were represented in the country, and a large
majority of Muslims came from abroad. There remained areas where the
law conflicted with Islamic practices or raised religious freedom
issues, notably the wearing of headscarves. The integration of Muslims
into German society continued to be a source of controversy, which
intensified following violent incidents between Muslims and non
Muslims in neighboring Holland.
Police reported that in November a Molotov cocktail was thrown at a
mosque near Heidelberg, causing an estimated $13,500 (10,000 Euro)
worth of damage. In December, a 17 year old German citizen born in
Tajikistan was arrested for the arson attack. Also in November, 25,000
Muslims took part in a massive protest in Cologne against terrorism
and militancy and emphasizing their rejection of violence.
Reports of opposition to the construction of mosques in various
communities around the country continued. The complainants generally
cited increased traffic and noise. A debate continued over whether
Muslims would be permitted to use loudspeakers in residential
neighborhoods to call the faithful to prayer.
Authorities ran a variety of tolerance education programs, many
focusing on anti Semitism and xenophobia. Government agencies
cooperated with NGOs in the formulation and administration of these
programs. With the active participation of the Muslim community,
authorities in Hamburg began work on establishing interreligious
education at public schools, labeled the "Hamburg Model."
In April, the Government hosted a conference on anti Semitism
sponsored by the Organization for Security and Cooperation (OSCE). The
OSCE conference led to the "Berlin Declaration," which called on the
55 nations that attended to implement a set of concrete measures to
combat anti Semitism and foster tolerance and respect for all
religious groups.
For a more detailed discussion, see the 2004 International Religious
Freedom Report.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration
and Repatriation
The Basic Law provides for these rights, and the Government generally
respected them in practice. For ethnic Germans from Eastern Europe and
the former Soviet Union, the Basic Law provides both for citizenship
immediately upon application and for legal residence without
restrictions.
The law specifies that foreign residents must reside in the country
for 8 years in order to become naturalized citizens. It grants
citizenship to children born to foreign residents as of January 1,
2000, provided that one parent has lived legally in the country for at
least 8 years. Children may retain both German citizenship and that of
their parents until they reach the age of 18, at which time they must
chose the citizenship of one country or the other. If they fail to
make this choice by the time they have reached age 23, they will lose
their German citizenship. If they give up their foreign citizenship,
they must provide evidence of having done so.
The Basic Law prohibits forced exile, and the Government did not
employ it.
The country is a party to the 1951 U.N. Convention Relating to the
Status of Refugees and its 1967 Protocol, and the Basic Law and
legislation reflect this. The Government provided protection against
refoulement (the involuntary return of persons to a country where they
feared persecution) and provided refugee status or asylum. Both the
Federal Government and state governments cooperated with the office of
U.N. High Commissioner for Refugees (UNHCR) and other humanitarian
organizations in assisting refugees, although immigration matters were
primarily a state level responsibility.
In July, the Bundestag and Bundesrat passed a new immigration law
providing for stricter security and antiterrorism measures, such as
background checks and for easier deportation of suspected terrorists
and persons inciting hatred. The bill also established greater
protection for refugees by including persecution based on gender and
persecution by non state actors as grounds for granting asylum. It
facilitated work and residence permits for highly qualified
foreigners, foreign students, and investors. The law was scheduled to
take effect on January 1, 2005.
The Government continued to observe a European Union (EU) regulation
providing that individuals who attempt to enter the country via a
"safe country of transit" (a member state of the EU or a country
adhering to the Geneva Convention on Refugees) were ineligible for
asylum and could be turned back at the border or, if they had managed
to enter the country, returned to that "safe country of transit."
Individuals whose applications for asylum were rejected had up to 2
weeks to appeal the decision. Individuals who arrived at an
international airport and who were deemed to have come from a "safe
country of origin" could be detained at an airport holding facility.
In these cases, the Federal Office for the Recognition of Foreign
Refugees was required to make a decision on an asylum application
within 48 hours or allow the person to enter the country. The
applicant could appeal a negative decision to an administrative court
within 3 days, and the court was required to rule within 14 days or
allow the individual to enter the country. Although stays in the
airport facility were limited to a maximum of 19 days, applicants
whose claims were rejected, but who could not be deported immediately,
allegedly were held at the airport for months, a practice criticized
by some refugee assistance groups and human rights advocates.
The number of asylum applicants during the year decreased to 35,607
from 50,563 in 2003, a decline of 29.6 percent. According to the
Interior Ministry, 1.5 percent of the processed applicants received
asylum. The majority of asylum seekers came from Turkey, Serbia and
Montenegro, and Russia. Applicants who entered the country and were
denied asylum at their original administrative hearings could
challenge the decision in court, and 80 percent of applicants denied
asylum did so. Only 3 to 4 percent of such denials were overturned.
The rejected applicants were allowed to remain in the country during
the course of the appeal, which usually took at least a year and
sometimes significantly longer. Applicants received housing and other
social service benefits during this time. Refugees from civil wars in
the former Yugoslavia have been allowed to work after a 1 year waiting
period. Individuals who failed to cooperate during the deportation
process or who were deemed likely to flee to avoid deportation could
be held in pre eportation detention, with the average detention period
lasting 5 to 6 weeks.
The Government also provided temporary protection to individuals who
may not qualify as refugees under the 1951 Convention/1967 Protocol.
Almost 2 percent of the processed applicants whose asylum applications
were rejected, but who would be endangered if they were returned to
their home country, received temporary residence permits; however,
they were expected to leave when conditions in their home country
allowed for their safe return.
In several cases, observers accused local authorities in Hesse of
deporting foreigners in contravention of humanitarian practice.
Usingen authorities deported the parents of two teenage children who
remained in the country. In a separate incident, Usingen police
deported three teenagers to Turkey, leaving the rest of the family
behind. In February, Border Control officers deported a Tunisian woman
(under treatment at a Frankfurt mental clinic) after rejecting her
political asylum claim; medical authorities and human rights groups
protested that the woman was not well enough to undergo deportation.
Trier prosecutors stated on August 6 that they were unable to verify
independently charges made by four Chinese individuals of abuse and
intimidation at the hands of Chinese authorities in 2003. The four
plaintiffs petitioned to reopen the case.
Metin Kaplan, former head of the "Caliphate State," a Turkish Islamist
group, was extradited to Turkey in October to face terrorism related
charges after serving a 4 year sentence for calling for the killing of
an opponent. Kaplan's extradition was delayed because of uncertainty
that a fair trial could take place in Turkey. However, on May 26, the
High Administrative Court in Muenster, recognizing changes in Turkish
laws, especially the abolition of the death penalty, and assurances
that Kaplan would get a fair trial, approved his deportation.
The Government estimated that approximately 59,000 technically
deportable Kosovar refugees remained in the country. Of that total,
21,000 were ethnic Kosovo Albanians, and 38,000 were members of ethnic
minorities: Serbs, Roma, Bosniaks (Muslim Slavs), Askalii/Egyptians,
and Gorani. The Government agreed with the U.N. Interim Mission in
Kosovo (UNMIK) to stop all involuntary returns of Roma, Askakali and
Serbs while continuing the repatriation of Bosniaks and Gorani.
After the 2002 terrorist incident in a Moscow theater in Russia, the
federal Interior Ministry recommended to its state level counterparts
that deportations of Chechens be halted temporarily and that
previously refused asylum cases of Chechens remaining in the country
be re evaluated. However, according to Amnesty International (AI),
many asylum applications by Chechens were refused during the year. In
February, over 100 refugees from Chechnya demonstrated in Bielefeld
against deportation; in April, more than 60 refugees demonstrated in
Hamburg against their pending deportation.
Several states attempted to speed up repatriation of uncooperative
rejected asylum seekers by opening communal accommodations where
foreigners were housed while authorities obtained valid information
regarding their identity and citizenship. Some refugee rights and
church organizations criticized these centers as inhumane, claiming
that the Spartan amenities and the relative lack of freedom of
movement constituted psychological pressure on the residents.
Authorities countered that the centers' emphasis on counseling and job
skill development promoted the residents' willingness to depart
voluntarily and enhanced their chances of success in their home
countries.
According to mid year statistics, 16,151 Afghans and 12,922 Iraqis
were technically deportable; however, authorities extended a
moratorium on deportations of Afghan refugees was extended pending the
recommendations of a group of experts established in mid year, and the
Interior Minister decided in July that conditions would not permit the
forced deportation of Iraqi nationals to Iraq.
Section 3
Respect for Political Rights: The Right of Citizens to Change Their
Government
The Basic Law provides citizens with the right to change their
government peacefully, and citizens exercised this right in practice
through periodic, free, and fair elections. Members of the Bundestag
are elected every 4 years from a mixture of direct constituency and
party list candidates on the basis of universal suffrage and secret
balloting. The Bundesrat is composed of delegations from state
governments; there are no direct Bundesrat elections.
In the Bundestag that was last elected in 2002, there were two major
parties, the SPD and the Christian Democratic Union/Christian Social
Union (CDU/CSU), and three smaller parties, the Free Democrats (FDP),
Buendnis 90/the Greens and the Party of Democratic Socialism (PDS),
which only holds two seats. The Federal Constitutional Court may
outlaw political parties that actively work to undermine the liberal
democratic order (see Section 2.b.).
Press allegations of malfeasance by some well known parliamentarians
gave rise to a public debate about the impact of secondary jobs and
income on politicians' conduct in office. This debate did not appear
to damage the public's trust in the integrity of the Parliament.
While there was no federal law establishing public access to
government information, four states Berlin, Brandenburg, Schleswig
Holstein, and North Rhine Westphalia have freedom of information laws.
In these states, denial of access to information was usually
attributable to concern for the protection of business confidentiality
and a narrow interpretation of the law. Fees for obtaining information
were not a significant impediment. All four states with such laws
provide for an appeals process.
The Ministry of the Interior issued a directive in July to promote
further training and other measures intended to deter corruption.
By law, women are entitled to participate fully in political life, and
a growing number were prominent in the Government and the parties. On
the Federal Constitutional Court, 4 of the 16 judges were women. Two
of the parties represented in the Bundestag were headed by women, and
the share of women in the Bundestag increased from 30.9 percent to
32.8 percent. Six members of the 14 member cabinet were women.
Few minorities were represented in the Government. There were two
Bundestag deputies of Turkish origin, one of partially Indian origin,
and one of the indigenous Sorb minority. On June 13, two candidates of
Turkish ancestry were elected to the European Parliament.
Section 4
Governmental Attitude Regarding International and Nongovernmental
Investigation of Alleged Violations of Human Rights
A wide variety of international and domestic human rights groups
generally operated without government restriction, investigating and
publishing their findings on human rights cases. Government officials
were very cooperative and responsive to their views.
Section 5
Discrimination, Societal Abuses, and Trafficking in Persons
The law prohibits the denial of access to housing, health care, or
education on the basis of race, disability, sex, ethnic background,
political opinion, or citizenship, and the Government generally
enforced these provisions in practice.
The Government had not implemented a 2000 EU Directive establishing a
general framework (antidiscrimination act) for equal treatment in
employment and occupation. The framework seeks to combat
discrimination on the grounds of religion or belief, disability, age
and sexual orientation.
Women
The law prohibits violence against women, and the Government has
established a number of legal and social structures to combat it.
Nevertheless, violence against women was a problem and was thought to
be underreported; there were no nationwide statistics, but in 2003,
the Federal Ministry of Family, Seniors, Women and Youth estimated
that there were approximately 45,000 cases per year of domestic
violence against women. In 2003, according to police criminal
statistics, 8,766 cases of rape and serious sexual coercion were
registered. Societal attitudes toward such violence are strongly
negative, and legal and medical recourse were available. During the
year, the Government conducted campaigns in schools and through church
groups to bring public attention to the existence of such violence and
supported numerous projects to combat the problem. There were 324
"women's houses," where victims of violence and their children could
seek shelter, counseling, and legal and police protection. The law
provides for removing a violent husband or male domestic partner from
a shared dwelling.
Prostitution is legal. Lawmakers have approved new rules affording
prostitutes more benefits, such as the chance to enter the social
security system and to use the courts to obtain payment for their
services.
Sexual harassment of women was a recognized problem. The press
reported on sexual harassment in the workplace and in public
facilities. Unions, churches, government agencies, and NGOs ran a
variety of support programs for women who experienced sexual
harassment and sponsored seminars and training to prevent it.
The law provides for equal pay for equal work; women usually were not
discriminated against in terms of equal pay for equal work, although
they were underrepresented in well-paid managerial positions and
represented disproportionately in some lower wage occupations; their
average monthly incomes were lower than those of men.
Children
The Government maintained its strong commitment to children's rights
and welfare; it amply funded systems of public education and medical
care. Public education was provided free of charge through the
university level, and education was compulsory through the age of 16;
almost all children attended school.
Child abuse was a problem. No statistics were available, but
children's advocates from NGOs as well as some politicians considered
it a problem, and individual cases received attention in the media.
Statistics on victims of violent crimes indicate that in 2003,
approximately 95 children were victims of murder or homicide.
The Criminal Code provides for the protection of children against
pornography and sexual abuse. For possession of child pornography, the
maximum sentence is 1 year in prison; the sentence for distribution is
5 years. The law makes the sexual abuse of children by citizens abroad
punishable even if the action is not illegal in the child's own
country. In 2003, 15,430 cases of sexual abuse of children were
recorded, a decrease of 3.6 percent compared to 2002. In 2003, there
were 169 cases of serious sexual abuse of children for the purpose of
producing and publishing pornographic material. The number of cases of
possession or distribution of child pornography increased from 2,002
in 2002 to 2,868 in 2003 according to an analysis of the issue
conducted by the Federal Office of Criminal Investigation; however,
the police reported that the increased number of cases reflected a
higher number of complaints filed due to better information and
increasing awareness of the problem within the population rather than
an actual increase in abuse.
A German UNICEF report issued in October 2003 characterized a region
in the Czech Republic close to the German border as a "haven for
pedophilia." For several years, a liaison group between the two
countries has worked to increase the exchange of information and fight
pedophilia, but reports indicated that the problems persisted.
Trafficking in girls was a serious problem, which the Government and
NGOs combated (see Section 5, Trafficking.)
Trafficking in Persons
The law prohibits trafficking in persons; however, trafficking in
persons, primarily women and girls for sexual exploitation, was a
problem, which the Government recognized and actively combated.
The criminal law specifically prohibits trafficking in persons and
makes the offense punishable by up to 10 years' imprisonment. In
December, parliament passed a bill to implement the European Union
(EU) Council Framework Decision on Combating Trafficking in Human
Beings and the U.N. Protocol. It extends the definition of trafficking
to include trafficking for both sex and labor purposes.
The country was both a destination and transit country for trafficked
persons. As in previous years, most trafficking victims were women and
girls between the ages of 16 and 25 who were forced to work as
prostitutes. The Federal Criminal Office (BKA) reported in their
annual report on trafficking in persons that the numbers of known and
registered victims in 2003 was 1,235, and the percentage of registered
victims under age 18 continued to be in the 5 percent range. Of the
registered victims, 80 percent came from Eastern Europe and the
countries of the former Soviet Union, primarily Russia, Poland,
Ukraine, Moldova, Lithuania, Slovakia, Latvia, Bulgaria, and the Czech
Republic. Non European victims came mostly from Africa and Asia.
Traffickers used a range of intimidation techniques to ensure the
compliance of victims, including threats to "sell" the victim, threats
of deportation, misrepresentation of victims' legal rights and status,
physical violence, and withholding travel and identification
documents. The Government was active in combating trafficking in
persons at the federal and state levels. There were no reports of
government officials involved in human trafficking.
Trafficking crimes are prosecuted at the state level. According to a
report covering 2003, the number of sex trafficking investigations in
that year was 431, an increase of 20 percent compared to 2002. The
number of trafficking victims increased by 37 percent.
In 2003, in North Rhine-Westphalia, the number of cases of trafficking
in persons uncovered by state police authorities increased by almost
20 percent, reaching a record high with 118 new criminal
investigations for such crimes. A total of 294 perpetrators were
identified, more than two thirds of them from foreign countries.
Almost 75 percent of the 241 victims were from Eastern Europe, and 23
were younger than 18, including 3 who were 14 years of age. In Berlin,
there were 17 convictions for trafficking in 2003, according to press
reports.
In Bavaria, Bavarian and Czech law enforcement officials continued to
cooperate closely to combat trafficking at the German Czech border
(see Section 5, Children).
In May 2004, the Berlin District Court convicted the head of a major
"call-girl" ring to 4 years' imprisonment for alien smuggling. The
ring organized prostitution using women from Eastern Europe. Two
accomplices were also convicted; one was sentenced to 3 years in
prison, and the other was fined. In September 2003, in Frankfurt, two
Germans were convicted of forcing 18 women from the former Soviet
Union to work as prostitutes, but were released on probation. Six
Eastern Europeans were also charged in this case and convicted on
charges ranging from trafficking to aiding in procurement.
Federal ministries worked to coordinate antitrafficking efforts on the
international, national, and state levels. Several states have
established interagency countertrafficking working groups. The federal
and state governments worked actively with NGOs and local women's
shelters to identify and assist victims, and together they fund more
than 30 counseling centers for victims of trafficking run by NGOs.
NGOs continued to criticize uneven and limited funding by the states.
When illegal aliens are identified as trafficking victims, police are
required to notify a counseling center and to inform the victims of
their rights and options for seeking assistance. The centers provide
shelter, counseling, interpreting services, and legal assistance.
Victims who agree to serve as witnesses in trafficking cases have the
right to join the criminal trial against the trafficker as co
plaintiffs, a status that entitles them to an attorney and financial
assistance to cover legal expenses. As co plaintiffs, victims are
entitled to participate actively in the criminal trial and to extend
the criminal trial to a civil compensation proceeding. Victims who are
illegal residents receive basic health care for physical illness or
pain in accordance with the Benefit Rules for Asylum Seekers. The
right to remain in the country is granted in cases of marriage to a
national, political asylum, or evidence that deportation would
endanger the victim's life. Of the 1,108 registered non German victims
in 2003, 35.8 percent were expelled or deported, 17.3 percent returned
to their home countries of their own free will, and 23.9 percent were
granted a temporary stay or remained under police protection (data was
not available in 23 percent of the cases).
The Government covers the basic cost of repatriation of trafficking
victims under the Reintegration and Emigration Program for Asylum
Seekers in Germany (REAG). The International Organization for
Migration administers REAG and has offices in several of the major
return countries where the organization facilitates assistance to
returning victims.
The Government actively sought to educate potential trafficking
victims before they entered the country. Embassies and consulates as
well as NGOs distributed brochures that provided information on
residency and work permit requirements as well as warnings about
trafficking. The Government established a new program in 2003 to fund
projects abroad to combat trafficking in women, including information
campaigns and awareness training seminars with police officials from
source countries.
Persons with Disabilities
The Basic Law and a 2002 law on persons with disabilities specifically
prohibit discrimination against persons with disabilities, and there
were no reports of discrimination against persons with disabilities in
employment, education, access to health care, or in the provision of
other state services. State owned health insurance companies, which
cover most citizens, must accept any applicant, but private insurance
companies may select their clientele.
The law mandates several special services for persons with
disabilities; they are entitled to assistance to avert, eliminate, or
alleviate the consequences of their disabilities and to secure
employment commensurate with their abilities. The Government offered
vocational training and grants for employers who hired persons with
disabilities. In addition, various federal and state programs were
initiated to promote employment or vocational training of persons with
disabilities through financial assistance or subsidies. Persons with
severe disabilities could be granted special benefits, such as tax
relief, free public transport, special parking facilities, and
exemption from radio and television fees.
The Government set guidelines for the attainment of barrier free
public buildings and for modifications of streets and pedestrian
traffic walks to accommodate persons with disabilities. All 16 states
incorporated the federal guidelines into their building codes, and 98
percent of federal public buildings followed the guidelines for a
"barrier free environment." Building regulations for private property
are decided on a state by state basis. There were no reports of
societal discrimination against persons with disabilities.
National/Racial/Ethnic Minorities
The Federal Criminal Police uses a crime definition system for
"politically motivated crimes" (PMCs). PMCs are crimes that involve
motives related to the victims' ideology, nationality, ethnicity,
race, skin color, religion, world view, ancestry, sexual orientation,
disability status, appearance, or social status. PMCs are categorized
and reported by the Federal OPC in its annual report, according to
perpetrator (rightwing extremist, leftwing extremist, foreign
extremist) and crime type (propaganda, racist literature or hate
speech; property destruction, desecration of Jewish graves; and
assaults on persons). In 2003, 10,792 rightwing PMCs were recorded
(10,902 in 2002), including 7,551 propaganda crimes (7,294 in 2002),
2,138 "incitement of racial hatred" crimes (2,513 in 2002), 225
property crimes (178 in 2002), 93 criminal threats (115 in 2002), and
26 grave desecrations (30 in 2002). In 2003, 759 of the rightwing
extremist PMCs were violent (772 in 2002); the majority of these (430,
56.7 percent; down from 440 in 2002) were perpetrated against
foreigners; 35 (4.6 percent) were anti Semitic (up from 28 in 2002),
and 211 (27 percent) were against political opponents (up from 207 in
2002).
Harassment of foreigners and racial minorities, including beatings,
remained common throughout the country. Media as well as official
reports indicated that several such incidents occurred each week. For
example, in July, in Hanover, five men from Turkey and Africa were
harassed with racial slurs, struck with an iron bar and chased through
the streets. In April, three rightwing extremists beat the owner of a
Vietnamese snack stand in Koepenick, Berlin, with a long piece of
lumber. The victim was hospitalized. The offenders were sentenced in
August: A 16 year old to 2 years probationary youth custody, a 17 year
old to 90 days of social work, and a 21 year old to 2 years of youth
custody and 90 hours of social work.
In May, a 20 year old foreigner who applied for an apprenticeship as a
technician for the city of Kaiserslautern allegedly received a racist
response from the city administration's human resources department.
Upon opening the returned resume, the man found the comment "No
Niggers" on top, using swastikas instead of "g's" and with both his
photo and the word "German" in the line nationality crossed out. The
man's mother referred the letter to the criminal police, which was
still investigating the case at year's end.
The 2003 Federal OPC Report listed 169 rightwing extremist
organizations and groups. The total of rightwing extremists was
estimated to be 41,500 persons. The authorities estimated that there
was a potential of 10,000 violent rightwing extremist sympathizers
(mostly skinheads).
Federal and state governments indicated that they remained firmly
committed to combating and preventing rightwing violence.
The Government protected and fostered the languages and cultures of
national and ethnic minorities traditional to the country (for
example, Sorbs, Danes, Roma, Sinti, and Frisians). Although the
Government has recognized the Sinti and Roma as an official "national
minority" since 1995, critics contended that the Sinti/Romani minority
was the only official national minority that did not have unique legal
protection, political privileges, or reserved representation in
certain public institutions. The federal and state interior ministries
indicated that they had been unable to fulfill their international
commitments in the case of the Romani language because it was not
written, the Romani themselves wished to keep the language restricted
to Romani society, and because the Roma and Sinti are widely but
thinly distributed around the country in a way that made Romani
language schools impractical. Resident foreigners and minority groups
continued to voice credible concerns about societal and job related
discrimination.
Unemployment affected foreigners disproportionately, although at times
this was due in part to inadequate language skills or nontransferable
professional certifications of the job seekers (see Section 6.e.). The
Federal Government and all states established permanent commissions to
assist foreigners in their dealings with government and society.
Section 6
Worker Rights
a. The Right of Association
The Basic Law provides for the right of employees to associate freely,
choose representatives, determine programs and policies in their
interests, and publicize their views; and workers exercised these
rights. The great majority of unionized workers (approximately 23
percent of the labor force) were organized in eight unions largely
grouped by industry or service sector. These unions are affiliates of
the German Trade Union Federation (DGB), which represents
approximately 80 percent of organized workers. Other unions do exist,
but represented small numbers of workers.
The law effectively protects workers against antiunion discrimination.
Complainants file their cases directly with the labor courts, which
are the courts of first instance. Specialized labor court judges
render decisions in these cases.
b. The Right to Organize and Bargain Collectively
The labor laws permit unions to conduct their activities without
interference, and the Government generally protected this right in
practice. The Basic Law protects the unions' right to strike, with
some exceptions, and they were free to exercise this right; however,
bargaining mechanisms minimized the number of work stoppages (in 2003,
approximately 1 day of work was lost per 1,000 workers).
Collective bargaining was widespread due to a well developed system of
contract negotiations with no governmental role; mediation was used
infrequently. Basic wages and working conditions were negotiated at
the industry level, but exceptions negotiated at the company level
were fairly common during the year. In addition, some employers in the
eastern part of the country refused to join employer associations, or
withdrew from them, and then bargained independently with workers.
Some firms in the West withdrew at least part of their work force from
the jurisdiction of employer associations, complaining of rigidities
in the industry wide, multi company, negotiating system. However, they
did not refuse to bargain as individual enterprises.
The Works Constitution Act regulates the right of works councils,
which represent the interests of workers in relation to their
employers. A works council may be elected in any private company
employing at least five individuals. The rights of the works council
include the right to be informed, consulted, and to participate in
company decisions. Members of works councils do not have to be union
representatives. Works councils often helped labor and management to
settle problems before they become disruptive. "Codetermination" laws
give workers in medium sized or large companies significant voting
representation on the companies' supervisory boards. This
codetermination in the supervisory board extends to all company
activities.
Civil servants and personnel in sensitive or essential positions, such
as members of the armed forces, do not have the right to strike. The
International Labor Organization (ILO) continued to seek
clarifications from the Government on policies and laws governing the
labor rights of civil servants and continued to remind the Government
that this restriction is not in line with ILO Convention 87 (on
freedom of association), and has asked it to change its legislation
accordingly. Similarly, teachers in the public service continue to be
denied the right to strike. Collective bargaining agreements reached
for public service workers who do have this right are usually extended
by legislation to those who do not, although such extensions do not
always include all of the provisions of those agreements. Workers not
allowed to strike also have legal recourse through the courts to
protect their rights.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
The Basic Law and the federal statutes prohibit forced or compulsory
labor, including by children; however, there were reports that such
practices occurred (see Section 5).
d. Prohibition of Child Labor and Minimum Age for
Employment
The law prohibits the employment of children under the age of 15, with
a few exceptions: Those 13 or 14 years of age may do farm work for up
to 3 hours per day or may deliver newspapers for up to 2 hours per
day; and those 3 to 14 years of age may take part in cultural
performances, albeit under stringent curbs on the kinds of activity,
number of hours, and time of day. The Federal Economics and Labor
Ministry effectively enforced the law through its Factory Inspection
Bureau.
e. Acceptable Conditions of Work
There was no legislated or administratively determined minimum wage.
Collective bargaining agreements set minimum pay rates and were
enforceable by law for an estimated 80 to 90 percent of all wage and
salary earners. The remaining 10 to 20 percent of workers were covered
by either individual contracts or company level contracts. The wages
established by these processes provided a decent standard of living
for a worker and family.
Federal law limits the workweek to a maximum of 48 hours. Collective
bargaining agreements, which covered 80 percent of the working
population directly or indirectly, may provide for longer hours but
must average no more than 48 hours per week over time. Provisions for
overtime, holiday, and weekend pay varied depending upon the
applicable collective bargaining agreement.
Federal regulations limit the workweek to a maximum of 48 hours, but
collective bargaining agreements permit greater flexibility, provided
that the 48 hour average is not exceeded over time. Agreements
regulating the number of hours of work per week covered 80 percent of
the working population directly or indirectly; the number of hours of
work per week was regulated by contracts that directly or indirectly
affected 80 percent of the working population. In 2002, the average
workweek for industrial workers was 39.6 hours nationwide, according
to 2002 data from the Organization for Economic and Cooperation in
Europe. Provisions for overtime, holiday, and weekend pay varied
depending upon the applicable collective bargaining agreement.
An extensive set of laws and regulations on occupational safety and
health was enforced by the Economics and Labor Ministry and its
counterparts in the states. A comprehensive system of worker insurance
carriers enforces safety requirements in the workplace. At the local
level, professional and trade associations, which are self governing
public corporations with delegates both from the employers and from
the unions, oversaw worker safety. The law provides for the right to
refuse to perform dangerous or unhealthy work without jeopardy to
continued employment.
Foreign workers legally in the country were protected by law and
generally worked in conditions equal to that of citizens; however,
such workers faced some wage discrimination. For example, foreign
teachers in some schools were paid less than their German
counterparts. In addition, seasonal workers from Eastern Europe who
came to the country on temporary work permits often received wages
below those of citizens. Workers from other EU countries at times were
employed at the same wages they would receive in their home country,
even if the corresponding German worker would receive a higher wage.
Foreigners who were employed illegally, particularly in the
construction industry in Berlin, were likely to receive substandard
wages.
© Gerry Armstrong
http://www.gerryarmstrong.org
Barbara Schwarz
I don't get it, U.S. Department of State. You think it is a violation
of human rights to arrest Neo-Nazis? The Germans are like Alcoholics.
If Neo-Nazis are allowed to spread their hatred, much of Germany will
follow.
Scientologists are the new Jews in Germany. Why do you think I became a
fugitive?
>
> The Unification Church sought legal remedies against the Government's
> entry ban on the founder of the Unification Church, Reverend Sun
Myung
> Moon, and his wife, Hak Ja Har Moon. Federal courts ruled that the
ban
> did not infringe upon church members' freedom to practice their
> religion. An appeal against the ban was pending at year's end. In
> December, the Berlin Administrative Court offered the Jehovah's
> Witnesses conditional Public Corporate status. The conditions, if
> accepted, are as follows: Jehovah's Witnesses would not collect the
> Church tax, they would not take part in religious lessons in schools,
> and they would not be appointed to church civil servant status. At
> year's end, the Witnesses had not responded to this proposal.
That is for you, Steve.
As I said, still the old Nazis. And when you speak it out in Germany,
their psychs come and get you.
That is a longer report than the report of violations by Al Queda, it
appears to me.
>
> © Gerry Armstrong
> http://www.gerryarmstrong.org
Hey, since when do you have the copyright to a report that the U.S.
Dept. of State wrote, Gerry Turkey Armstrong?
Barbara Schwarz
Peter Widmer
> http://www.state.gov/g/drl/rls/hrrpt/2004/41683.htm
>
> Germany
>
> Country Reports on Human Rights Practices - 2004
> Released by the Bureau of Democracy, Human Rights, and Labor
> February 28, 2005
>
Offensichtlich begreift Condoleezza Rice und ihr StateDep immer noch
nicht, dass die USA in Sachen Menschenrechte inkompetent und
unglaubwürdig sind. Die schwachsinnige Repetition von 'Fällen', die von
den betroffenen Ländern längst selbst menschenrechtskonform geregelt
wurden, wirkt heute nur noch als ein Ablenkmanöver von den
völkerrechtswidrigen Kriegen ihres 'Präsidenten' Bush und seiner Bande
von Kriegshetzern und -gewinnlern, all den andauernden Kriegsverbrechen
und Verstössen gegen internationale Vereinbarungen wie die Genfer
Konvention. Wie tief sind die folternden und mordenden USA gesunken, die
grössten Menschenrechtsverletzer aller Zeiten.
Peter
--
Peter Widmer <pwi...@quicknet.ch>
3802 Waldegg <http://www.pewid.ch>
Tilman Hausherr
>Respect for the Integrity of the Person, Including Freedom From:
>
>a. Arbitrary or Unlawful Deprivation of Life
>c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
http://www.state.gov/g/drl/rls/hrrpt/2004/41722.htm
does not mention the abuses by US Forces, e.g. in Abu Ghraib, the
"phantom prisoners", the CIA interrogations, the Rumsfeld ordered
torture, etc. What a joke!!!!
roger gonnet
"Tilman Hausherr" <tilman...@snafu.de> a écrit dans le message de news:
2m68219lifjp26gh0...@4ax.com...
Moreover so since Abu Graib tortures of prisoners are only a small detail
when put into perspective with the extreme seriousness of the fact that a
country like USA has attacked unilaterally a "sovereign" country which was
not even attacking against USA or against anyone else... and now, that
country is reduced to a second evident Vietnam or Chile, where half the
population is under the spell of another half, and where the "only" solution
for Bush and consorts to keep pace with mid-eastern events is now to declare
also the war against the Iran - and later, against all other islamic
nations.
Do these people think they can make the third WWar so as to destroy everyone
opposed to their wwide control attempts? That situation is sadly similar and
als, much worse than under Hitler's letal spells in 1936. There, H bombs,
overpowered army, giant finances are behind, and the "enemies" it would like
to destroy are hundred times as much as were "jews" before WWII.
Bush is a severely ill psychiatric case.
roger
>
>
klaus
Mache Dich doch einmal mit dem neuen Bericht der UNICEF über Kinderarmut
bekannt.Darin kannst Du nachlesen, das in den USA über 20 % aller Kinder in
Armut leben.Also etwa das Niveau von manchen Entwicklungsländern.
Kinderarmut bedeutet eigentlich nicht nur mangelnde Lebensqualität,
mangelnde Bildungsmöglichkeiten (falls überhaupt) sondern auch mangelnde
gesundheitlicher Versorgung von der Kindheit an.
Das Elend der Kinder in den USA sehe ich ebenfalls als eine erhebliche
Menschenrechtsverletzung an.
Klaus
Peter Widmer
<...>
>
> Mache Dich doch einmal mit dem neuen Bericht der UNICEF über Kinderarmut
> bekannt.Darin kannst Du nachlesen, das in den USA über 20 % aller Kinder in
> Armut leben.Also etwa das Niveau von manchen Entwicklungsländern.
> Kinderarmut bedeutet eigentlich nicht nur mangelnde Lebensqualität,
> mangelnde Bildungsmöglichkeiten (falls überhaupt) sondern auch mangelnde
> gesundheitlicher Versorgung von der Kindheit an.
> Das Elend der Kinder in den USA sehe ich ebenfalls als eine erhebliche
> Menschenrechtsverletzung an.
Wen es interessiert:
<http://www.childrensdefense.org/data/childreninthestates/default.asp>
Was 'Sharkys' widersinnige Behauptungen und Beschuldigungen gegenüber
Bayern mehr als nur relativiert...
mail. com
Sanity does not apply to the American Treason Party, nor are human
rights recognized by Party Members. Notice that the USA government
didn't bother issuing a report about the USA's concentration camp,
the "dissapearing" of American citizens, etc.
---
http://lastliberal.org
Free random & sequential signature changer http://holysmoke.org/sig
"Books are like eggs -- best when fresh." -- Edward Abbey
Barbara Schwarz
Hier in USA laeuft auch viel falsch, aber hauptsaechlich deswegen weil
der SEGNPMSS or besser INPDNPGB den Amerikaners (wie auch allen anderen
nationals) in das Mittelohr korrupte Anweisungen sendet.
Und ist der Rumsfeld nicht aus deutscher Herkunft?
The German secret service SEGNPMSS or besser INPDNPGB runs Americans
like other nationals through ear drum implants, that is why they do bad
things and why Aby Ghraib reminds us to the German Nazis psychs. They
are behind it.
Barbara Schwarz
Barbara Schwarz
Barbara Schwarz
Honest Reporting
news:1109724724.7...@z14g2000cwz.googlegroups.com...
> official sources. According to Scientologists, when the Ministry of
> Trade and Commerce of Baden Wuerttemberg learned in October that the
> winner of the "Baden Wuerttemberg Support Prize for Young Companies"
> had been awarded to a Scientologist, the Ministry withdrew the prize
> of approximately $20,250 (15,000 Euro). In another instance, a
> Scientologist claimed that his license to be an expert witness for
> cases involving real estate claims, granted by the Berlin Chamber of
> Industry and Commerce, would not be renewed because of his affiliation
> with the Church of Scientology. The Chamber claimed not only that
> Scientologists should not be active on the real estate market but also
> that many judges would not accept testimony from a witness affiliated
> with Scientology.
I think this is what they use to do to Jews, didn't they?
They claimed Judaism was a business rather than a religion. Also that
Judaism taught strange things.
Barbara Schwarz
I agree. Read below also the part that the government writes "S" on the
files of Scientologists. How far is that away from forcing the Jews to
wear the Star of David on their clothes?
>
> They claimed Judaism was a business rather than a religion. Also that
> Judaism taught strange things.
True. While I was in the Guardian Office of Munich, we compiled a
booklet with slurs from the Nazis (we found them in the Bavarian state
library) about Jews and German psychiatric slurs against
Scientologists. Many of these were just the same.
And here is the excerpt from the Human Rights Report about German
crimes against human rights that might result on a "Star of
Scientology".
"Employment offices throughout the country continued to implement a
1996 administrative order of the Ministry of Economics and Labor
directing them to enter an "S" notation next to the names of firms
suspected of employing Scientologists, a notation that was
subsequently made optional. Employment counselors are supposed to warn
their clients that they might encounter Scientologists in these
workplaces. Scientologists claimed that the "S" notations violate
their right to privacy and interfere with their livelihood. Private
sector firms have frequently screened for Scientology affiliations,
citing OPC observation of Scientology as a justification for
discrimination. Unlike in previous years, there were no reports that
the Federal Property Office barred the sale of real estate to
Scientologists."
Barbara Schwarz
Tilman Hausherr
>In August, a 35 year old man died after officers of the Special Unit
>Commandos (SEK) arrested him in his home in Neukoelln, Berlin. The
>officers are alleged to have held the man down with an iron shield and
>handcuffed him. Shortly afterwards, the man complained about feeling
>ill; an emergency physician was called, but the suspect died. The
>Berlin public prosecutor was still investigating this matter at year's
>end.
The case has actualy been closed since november. The guy had thrown
fireworks in august, neighbours thought they had heard shots. He died
because his spleen broke. What the report does not mention is that the
guy was a drug addict and had hepatitis.
http://www.taz.de/pt/2004/08/24/a0234.nf/text
http://www.welt.de/data/2004/08/24/323468.html