Germany: Citizenship reform law disputed
01 March 1999
German citizenship law is based on the "blood principle" (Jus sanguinis), which makes it almost impossible for anybody who is not of German origin to be recognised as a citizen. Other European countries practice the "soil principle" (Jus soli), which grants citizenship on the basis of having been born in a country. Although abolition of the racist German law is long overdue, government attempts to amend it have been greeted by a backlash of nationalist opposition. At the start of the year the conservative Christlich Demokratische Union (CDU) together with her sister party, the Christlich-Soziale Union (CSU), launched a petition to "mobilise the population" against the reforms, particularly those amendments relating to dual nationality.
Reform of the citizenship law has long been a demand by the Green party and was advocated by sections of the Sozial Demokratische Partei Deutschlands (SPD) while the CDU was still in power. It was, therefore, a central point in the coalition agreements between the SPD and Buendnis '90/Die Gruenen when they won the general election in 1998. In mid-January this year, the Interior Minister Otto Schily (SPD) presented a White Paper on the Reform of the German Citizenship Law in which important paragraphs of the foreigner as well as the citizenship law were to be reconsidered.
If the White Paper was to be adopted, the following would apply:
* Children born in Germany will receive citizenship if one parent was born in Germany or has immigrated before the age of 14.
* Adult foreigners will receive citizenship after eight years (formerly 15 years) of legal residency. Under-age foreigners will receive the right to German citizenship after five years residency (formerly eight years) if one parent has unlimited right to abode.
* Foreigners married to a German receive citizenship after three years of legal residency if the marriage has been existing for two years.
The White Paper does not require the applicant to give up his/her original citizenship, thereby allowing dual nationality. Schily's proposal did, however, make the granting of German citizenship dependent on other criteria. Applicants have to give a written pledge to the "free democratic constitutional structure", (i.e. to the Basic Law, which has underpinned Germany's political and legal system since 1947); they have to be able to speak German (the degree of proficiency not being determined), and finally applicants should not receive social or unemployment benefits nor have a criminal record. The Greens wanted to include a hardship clause in order to include those dependent on benefits. The SPD chairman, Peter Struck, however rejected the proposal with the argument that the Federal Government, its Laender and their municipalities would not be able to deal with the consequent financial pressure due to acute budget deficits.
These amendments, although neither a radical change, nor at variance with citizenship laws in the rest of Europe, signify an important and necessary step towards changing the legal remnants of Germany's racist past. The CDU/CSU however, have reacted strongly against the reforms and initiated a petition in order to rally opposition to them. Exploiting xenophobic fears, between January and April, they collected 4.5 million signatures from German citizens opposed to dual nationality. Given the airing of racist sentiments at their public collection points, it was not only dual nationality that was opposed, but the mere presence of foreigners as well. It comes as no surprise then that the far-right Nationale Partei Deutschlands (NPD) offered to support the CDU in their campaign. It was an offer that received little opposition from within the party. The campaign also coincided with regional elections in Hesse where the CDU/CSU ran a campaign that exploited racist fears to win a majority. They have, therefore, not merely won support through condoning the public acceptance of racist sentiments but have man