Berlin and human rights (I)
With its policy of forced deportations to Afghanistan, Berlin is contravening core human rights laws. At the same time, the government is showing a growing disregard for human and civil rights in Germany itself.
BERLIN/KABUL (own report) - With the commencement of forced deportations to Afghanistan, the German government faces accusations of breaking core human rights commitments. Its claims to upholding the centrality of “values” in policymaking, once so smug proclaimed by the coalition government, are now being jettisoned. This accusation is raised by human rights and refugee organisations in response to the deportation of 28 Afghans last Friday. The German government has sought to justify the move with the terrorist knife attack in Solingen and public anger. Yet it appears that deportations to Afghanistan had been planned for months. Berlin says it would only forcibly fly people out to Kabul if they have criminal convictions. Yet this position contradicts the European Convention on Human Rights and other treaties officially recognised by Germany, since they declare human rights to be universal. Under international law all people, including criminals, are entitled to human rights. The head of the Jesuit Refugee Service in Germany has warned that Berlin’s actions are “incompatible with our values”. There is now a growing clamour for irregular migrants from Afghanistan and Syria who have not committed any offences to be sent back in future. This is occurring against the background of disturbing signs of human and civil rights being disregarded by the German authorities at home.
Deportations to neighbouring countries
The German government began making plans long ago for expelling migrants back to Afghanistan. These had to be shelved after the Western armed forces hastily fled the country, leaving the Taliban to take control around three years ago. As there are no intergovernmental relations with the Taliban regime, the discussion centred on organising repatriations with the help of Afghanistan’s neighbouring states. Sweden, which flies Afghans out to Uzbekistan, was seen as a role model. A Swedish police officer was quoted in June as saying they “make sure” that irregular migrants landing at Tashkent airport then “board a plane to Kabul”.[1] The planes in question belong to the Afghan airline Kam Air, whose aircraft are not permitted to take off and land in the EU because they fail to comply with European safety standards. Reports indicate that the German government has already decided to copy the Swedish model in its essentials.[2] Chancellor Olaf Scholz is said to have plans for an autumn visit to Uzbekistan, hoping to reach a similar agreement on Afghan repatriation.
Direct flights to Kabul
Alongside the indirect route, there are evidently moves to organise direct deportations to Kabul. Berlin has, according to Der Spiegel journal, been working on this “for at least two months”. Not only are interior ministry authorities reportedly involved but also the federal chancellery.[3] The necessary agreements with the Taliban were made through mediators from the Emirate of Qatar. Doha has maintained links with the Taliban for many years and, prior to the withdrawal of Western troops from Afghanistan, became the negotiating hub for coordinating the most necessary steps for the handover to the Taliban. Qatar, acting as an intermediary, has now organised a deportation flight from Leipzig to Kabul. The Emirate’s own airline, Qatar Airways, was used to convey the deportees. The stabbings in Solingen by an alleged Syrian perpetrator whose asylum application had been rejected has served to legitimise in the public arena the first direct deportation to Kabul since 2021.
Valid for all
Human rights organisations protested when Federal Chancellor Olaf Scholz demanded in his 6 June government statement that, in future, people committing “the most serious crimes” be deported “even if they come from Syria or Afghanistan”.[4] At the time, experts and advocacy groups warned against such a move, pointing out in a joint statement that Article 3 of the European Convention on Human Rights and Article 4 of the EU Charter of Fundamental Rights both contain an absolute ban on torture. The open letter was signed by a German lawyers association (der Republikanische Anwältinnen- und Anwälteverein; RAV), a judges association (die Neue Richter*innenvereinigung; NRV), the bar association’s working group on migration law (die Arbeitsgemeinschaft Migrationsrecht im Deutschen Anwaltverein; DAV), the asylum advocacy group Pro Asyl, and the independent refugee councils in each of the Länder. These experts have concluded that no one may be deported “if there is a risk of torture or inhuman or degrading treatment or punishment after deportation,”[5] adding that “the guarantee of human dignity applies to all people, regardless of the severity of the crimes they have committed.” In fact the documentation and research services of the German Bundestag had clearly stated back in March 2024 that Article 3 of the European Convention on Human Rights would “regularly stand in the way of any deportations” to Syria and Afghanistan.[6]
“Incompatible with our values”
Objections are still being voiced. On Friday, the Secretary General of Amnesty International, Julia Duchrow, said it was “alarming” that the German government has chosen to openly disregard international human rights commitments and deported people to Afghanistan.[7] In doing so, it was “clearly contravening its obligations under international law”. The head of the Jesuit Refugee Service in Germany, Stefan Keßler, has stated that, “Criminals also have human rights. Deporting them to a country where those in power trample on even the most basic human rights is incompatible with our values.”[8] What is more, “experience shows that once deportations to a particular country have begun, they will not stop at criminals but will put blameless people are at risk of being expelled.” Keßler noted that Friday’s news of the flight to Kabul had “naturally triggered a lot of fear among those people from Afghanistan who have not committed any criminal offences.”
Deportations regardless of criminal record
The criticism by advocacy groups has not deterred the German government from announcing further deportations in violation of the European Convention on Human Rights. Federal Chancellor Scholz affirmed on Friday that “more criminals will be sent back to Afghanistan.”[9] Economics Minister and Vice-Chancellor Robert Habeck has stated, “Murderers, Islamists, rapists and serious criminals who abuse our protection must leave the country.” The governments of several Länder have also spoken out in favour of further deportation flights. “Refugees and foreigners who commit serious offences here must leave our country,” declared the state premier of Hesse, Boris Rhein (CDU), while his interior minister, Roman Poseck, rejects the idea of limiting forced removals to criminals: “Repatriations of Syrians who are obliged to leave the country should in future also be possible regardless of any criminal offences.”[10]
Dismantling human rights in Germany
The commencement of deportations to Afghanistan, and probably soon to Syria, takes place in the context of a wider denial of basic human rights by the German government. Berlin’s policy of sealing off the European Union’s external borders has, for some years, included pushbacks against refugees, agreed with third countries, that violate international law. This stance has repeatedly resulted in death, such as through the deliberate abandonment of people in the desert (german-foreign-policy.com will report shortly). The brutalisation of methods to stop refugees from interring Europe is accompanied by a progressive dismantling of human and civil rights at home. Amnesty International has, for example, recently highlighted the treatment of peaceful demonstrators in Germany. They are regularly “stigmatised, criminalised and attacked”. The organisation records numerous cases of serious police violence against peaceful protestors. It notes that anyone who engages in civil disobedience can now expect to be defamed as a “terrorist” or “foreign agent”. The actions of the German authorities also demonstrate an “institutionalised racism”’ that “above all targets Arabs and Moslems”.[11]
[1] Julian Staib: Abschiebungen, die eigentlich keine sind. Frankfurter Allgemeine Zeitung 12.06.2024. See also: Streit um Afghanistan.
[2] Mona Jaeger: Nur montags bis donnerstags, 9 bis 14 Uhr. Frankfurter Allgemeine Zeitung 30.08.2024.
[3] Matthias Gebauer, Roman Lehberger, Wolf Wiedmann-Schmidt: Deutschland schiebt afghanische Straftäter in ihr Heimatland ab. spiegel.de 30.08.2024.
[4] Regierungserklärung von Bundeskanzler Olaf Scholz zur aktuellen Sicherheitslage vor dem Deutschen Bundestag am 6. Juni 2024 in Berlin.
[5] Gerade jetzt: Rechtsstaat stärken! Völkerrechtswidrige Abschiebungen nach Afghanistan und Syrien sind damit unvereinbar. proasyl.de, Juni 2024.
[6] Die Ausweisung von straffällig gewordenen Flüchtlingen nach Afghanistan und Syrien im Lichte des Völkerrechts. Deutscher Bundestag, Wissenschaftliche Dienste, WD – 2 – 3000 – 009/24. Berlin, 11. März 2024.
[7] Deutschland: Abschiebung nach Afghanistan verletzt völkerrechtliche Verpflichtungen. amnesty.de 30.08.2024.
[8] Johannes Schröer: Menschenrechte in Gefahr. domradio.de 30.08.2024.
[9], [10] Bundesländer fordern weitere Abschiebungen. tagesschau.de 30.08.2024.
[11] Under protected and over restricted. The state of the right to protest in 21 European countries. Amnesty International. 09.07.2024. See also: “Stigmatised, criminalised, attacked”.
