Hostname: page-component-7bb8b95d7b-pwrkn Total loading time: 0 Render date: 2024-09-13T18:19:14.106Z Has data issue: false hasContentIssue false

Crisis of Constraint: The Federal Republic of Germany's Current Refugee Imbroglio

Published online by Cambridge University Press:  28 March 2014

Extract

THE WEST GERMAN STATE HAS FACED TWO DAUNTING challenges brought about by the movement of refugees into its territory since the end of the Second World War. The first occurred immediately after the end of the war and involved the resettlement of ten million refugees of German nationality expelled from East European countries and 3.5 million evacuees from Soviet-controlled East Germany. It was a challenge that was met with dramatic success. With the help of a number of governmental programmes, and a rapidly expanding economy, these refugees were fully integrated into West German society in the two decades after 1945. Indeed, by the end of the 1960s, the success of this massive resettlement attempt, along with the country's uniquely broad constitutional article which recognized a right of asylum for all political refugees, had rendered the Federal Republic, in spite of its catastrophic past, something of a model for all states in the handling of refugees

Type
Original Articles
Copyright
Copyright © Government and Opposition Ltd 1993

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

1 Asylum status is not necessarily equivalent to refugee status. The grant of asylum is made at the discretion of a particular state, whereas refugee status is attained when a person satisfies the UN definition of a refugee. I will however use these terms interchangeably in this article because the West German Constitutional Court uses the UN definition of a refugee as the basis on which it assesses claims for asylum.

2 Sontheimer, K., ‘The Federal Republic of Germany (1949): restoring the Rechtsstaat’, in Bogdanor, V., Constitutions in Democratic Politics, Aldershot, Gower, 1988, p. 229 Google Scholar.

3 Kielmansegg, P. G., ‘West Germany’s Constitution – Response to the Past or Design for the Future?’, The World Today, Vol. 45, No. 10, 10 1989, p. 176. Google Scholar

4 Hucko, E. M., The Democratic Tradition: Four German Constitutions, Leamington Spa, Berg Press, 1987, pp. 6973.Google Scholar Sontheimer, ‘The Federal Republic’, p. 230.

5 P. G. Kielmansegg, op. cit., p. 176.

6 Esser, H. and Korte, H., ‘Federal Republic of Germany’ in Hammar, T., European Immigration Polity: A Comparative Study, Cambridge, Cambridge University Press, 1985, p. 170. Google Scholar

7 Katzenstein, P. J., Policy and Politics in West Germany: The Growth of a Semisovereign State, Philadelphia, Temple University Press, 1987, p. 214. Google Scholar

8 Esser and Korte, op. cit., p. 170

9 ibid., p. 170

10 ibid., p. 170.

11 Brubaker, W. R., ‘Immigration, Citizenship and the Nation‐State in France and Germany: A Comparative Historical Analysis’, International Sociology, Vol. 5, No. 4, 12 1990, p. 386.CrossRefGoogle Scholar

12 ibid., p. 386.

13 A 1981 Christian Democrat resolution in the West German Federal Parliament accurately reflected this hostility toward integration: ‘The role of the German Federal Republic as a national unitary state and as part of a divided nation does not permit the commencement of an irreversible development into a multi‐ethnic state’. ( Castles, S., ‘Racism and Politics in West Germany’, Race and Class, Vol. 25, No. 3, 1984, p. 46.CrossRefGoogle Scholar)

14 P. G. Kielmansegg, op. cit., p. 177.

15 Castles, S. and Kosack, G., Immigrant Workers and the Class Structure in Western Europe, second edition, Oxford, Oxford University Press, 1985, p. 43. Google Scholar

16 P. J. Katzenstein, op. cit., p. 213.

17 Martin, P. L. and Miller, M. J., ‘Guests or Immigrants? Contradiction and Change in the German Immigration Policy Debate Since the Recruitment Stop’, Migration World, Vol. 18, No. 1, 1990, p. 10.Google ScholarPubMed

18 Castles, S., ‘Global Workforce, New Racism and the Declining Nation State’;, University of Wollongong Occasional Paper Series, No. 23, 10 1990, p. 15 Google Scholar.

19 Only approximately 2.9% of Germany's Italian population, 2.8% of its Spanish and 0.75% of its Turkish population are naturalized citizens. (See Räthzel, N., ‘Germany: One Race, One Nation?’, Race and Class, Vol. 32, Jan-March 1991, No. 3, p. 33.Google Scholar) The rate of naturalization of foreign residents in Germany is far lower than that of almost every other European country.

20 Some (albeit imperfect) evidence for the rise in the number of ‘economic refugees’ can be gleaned from the increase in rejected asylum‐applicants in recent years. In 1979 approximately 88% of all asylum claims were rejected. The corresponding figure for 1991 was 93%.

21 See Fullerton, M., ‘Persecution Due to Membership in a Particular Social Group: Jurisprudence in the Federal Republic of Germany’, Georgetown Immigration Law Journal, Vol. 4, Summer 1990, No. 3, p. 394.Google Scholar

22 Hailbronncr, K., ‘The Right To Asylum and the Future of Asylum: Procedures in the European Community’, International Journal of Refugee Law, Vol. 2, No. 3, 1990, p. 346.Google Scholar

23 ibid., p. 347.

24 Brubaker, R., ‘Frontier Theses: Exit, Voice and Loyalty in East Germany’, Migration World, Vol. 18, No. 3/4, p. 13.Google Scholar As Brubaker notes, in just the twelve days after the removal of the Berlin Wall, 55,000 East German resettlers flooded into the Federal Republic.

25 In 1989 alone the cost to the German government of resettling the Aussiedler was DM2,000 million. In addition to this cost, one could also add the social security payments of die almost 33% of edinic Germans, who after arriving in 1987 and 1989, were unemployed at the end of 1989. See Treasure, C., ‘Search for a Homeland’, Geographical, Vol. 63, No. 4, 04 1991, pp. 2427.Google Scholar

26 Hyman, A., ‘Refugees and Citizens: The Case of the Volga Germans’, The World Today, Vol. 48, No. 3, 03 1992, pp. 4143.Google Scholar

27 Rich, V., ‘Refugees: A Burden for Sharing’, The World Today, Vol. 48, No. 7, 07 1992, p. 115.Google Scholar

28 S. Castles, ‘Racism and Polities’, p. 41.

29 Mallet, N., ‘Deterring Asylum‐Seekers: German and Danish Law on Political Asylum – Part 1’, Immigration and Nationality Law and Practice, Vol. 5, No. 4, 1991, p. 115.Google Scholar

30 An opinion poll quoted in 77K Independent newspaper taken in the aftermath of the August/September 1992 outbreak of xenophobic violence suggested that 60% of all Germans favour a ‘provisional stop’ on the entrance of asylum‐seekers into Germany. See, ‘German Police Blame Violence on Social Strife’, 77K Independent, 2 September 1992, p. 7.

31 Dempsey, J., ‘Bonn Parties Find Compromise to Calm Asylum Row’, Financial Times, 8 12 1992, p. 2 Google Scholar.

32 I am indebted to Professor John Dunn and to Jacky Cox for helpful advice on this article.