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TIME FOR JUST AND HUMANE SOLUTIONS

Statement from the pax christi German section's leadership committee concerning the drafting of new immigration laws by the Federal Minister of the Interior.

After the terrorist attacks in the USA, the argument surrounding the drafting of immigration law in Germany threatens to be influenced by the fight against terrorism. A political climate presently shaped by worries for internal security is hardly suited to regulate the immigration of work-recruitees, or those seeking refuge in Germany from political or social hardships. pax christi therfore appeals to the German government and the parties represented in the German parliament not to use the terror attacks and fear of terrorism as an opportunity to push immigration laws through government. pax christi takes the following stand towards the law draft presently in consideration before the house:

pax christi recognizes the necessity of shaping German immigration law and of guiding the integration of foreigners into German society. But future immigration regulations—for desired and badly needed field experts, for example—must not be allowed to complicate guidelines necessary for the protection of needy people. The presently planned restrictions would, however, constitute the farthest reaching contribution towards the undermining of asylum seekers' rights and the rights of those in "waiting status", since the "Asylum compromise" of 1993.

The leadership committee of pax christi German section does welcome several planned changes, such as legal equality for politically pursued asylum-seekers recognized under §16a with those allowed status in Germany through the Genf Refugee Convention. Unfortunately, these improvements are overshadowed by numerous and grave losses of refugee's rights in other areas of the law. The law in draft does not solve central questions--for cases of hardship and "illegalized" refugees, among others—rather, it worsens the situation of these refugees. In spite of votes to the contrary from members of all parties, the "Süßmuth Commission", as well as from socially active organizations and churches, there will be no legal improvement for victims of non-political and/or gender-specific persecution, for unaccompanied under-age refugees, or for deportees.

The following clauses require, in our opinion, the most urgent inspection and change:

1.Thousands of people could be made illegal if this law is passed: Those until now given "waiting status" because of the existence of "actual obstacles to deportation" (for example the lack of deportation possibilities or a denial of acceptance into the "target country") would fall into a category of legally regulated absence of rights!

2.The law fails to clarify victims of non-political and/or gender-specific persecution as legally recognized refugees.

3.Further, in disregard to the jurisdiction of the European Supreme Court for Human Rights, the deportation of people threatened with torture by non-governmental figures would be made possible.

4.Also, in the future, no sensible basic regulation for cases of hardship shall be provided. Instead, churches and other humanitarian organizations will be expected to secure residence and living costs for such persons from personal funds—an unreasonable privatization of governmental responsibility towards endangered people.

5.The scandalous treatment of unaccompanied under-age refugees continues, in complete disregard of the UN Childrens' Rights Convention.

6.The problems surrounding "illegalized" refugees continue to be pushed aside unconsidered: basic social standards such as the access to medical treatment continue to be withheld.

7.It will shortly be put into unlimited effect that asylum-seekers receive financial aid up to 30 lower than the current social aid minimum. All foreigners under legal protection against deportation would be affected by this social ostracism as well.

8.People who up to now have been given a "waiting status" will no longer be permitted to work—with all the many unfavorable consequences!

9.It can be required of deportees that they be placed in a deportation camp (special camp) even if only the slightest ground for suspicion exists that they would possibly fail to appear on their deportation date. The danger of people going underground is actually herewith increased rather than reduced. Moreover, the creation of such camps is not without its major ethical difficulties, especially for a country which must be especially sensitive concerning its nationalsocialist past and the heavy responsibility it carries from that time.

10.The multiple practices beneath human dignity in the treatment of deportee prisoners will be taken unchanged into the new law.

11.In addition, we add our hesitations regarding the establishment of a new "Ministry for Migration and Refugees", an umbrella organization with a great number of differing tasks and responsibilities. The increased data collecting and storage capabilities of such a "super department" would endanger the personal face-to-face aspect of refugees' rights. Democratic control of such an establishment must be absolutely ensured!

pax christi Germany protests against the current immigration law draft for the above-named reasons and demands the securing of more effective protection rather than a further undermining of threatened and persecuted people's rights.

translated from the German by Erna C. Albertz, Leutwitz, Sachsen, 6 Oct. 2001

pax christi Deutschland

Pax Christi International

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