The total Romani population of Germany is now estimated at some 100,000, though exact figures do not exist. It consists historically of two populations: The few survivors and descendents of the Romani (mostly Cinti) population that had lived in Germany bef
ore World War II, and was almost entirely exterminated by the Nazis; and homeless and stateless Romani refugees as well as Romani immigrants who arrived in Germany after the war. The first group, comprising about a third of the total Romani population in
g ermany, has by now finally succeeded in regaining their citizen rights. They have also been widely recognized as victims of the Nazi genocide, although their claims for reparations have never been accepted.
The second group still lacks any permanent status. Many of them arrived in Germany as Displaced Persons after World War II, but the authorities still require them to renew their residence permit every few years. Even members of the younger generation, born
and raised in the country, are not entitled to German citizenship. In some recent cases, immigrant children were assigned foreign citizenships and deported, following newly signed 'transfer' agreements between Germany, Rumania, Bulgaria, Poland and the Cz
ech republik.
Recent refugees number between twenty and thirty thousand, but their numbers are growing as nationality conflicts in eastern Europe intensify and violent attacks against Roma increase, especially in Romania, Slovakia and the former Yugoslavia. Internationa
l human rights agencies have been aware of the severe situation facing eastern European Roma for many months. Overt persecution and abusements of human rights of the Romani population have been subject of extensive reports by Helsinki Watch, the Council o
f Europe and UNHCR and have been included in the final statement of the CSCE-meetings in Geneva, Moscow, Copenhagen and Helsinki. The UN Human Rights Commission, adopted a resolution entitled ''Protection of Roma" in March 1992.
Despite international attention to the Romani despair, German authorities continue to insist that Roma are not persecuted nor discriminated against. According to statements made by the German
foreign ministry as a reference for asylum procedures, Roma in eastem Europe are'' not popular due to their alien traditions and customs". Not one single Rom has ever been granted refugee Status in Germany. Growing incitement against the Romani population
and especially against Romani refugees has been spreading in Germany not only through radical right-wing groups, but also via mass media and official statements of politicians.
In a statement made on April 3, 1992, in the Bundestag, the German parliament, the Federal Government stressed once again that
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'' Roma in the Federal Republic (of Germany) are not regarded as a minority; this also applies to Roma who are German citizens." (Deutscher Bundestag, Drucksache 12/2367)
This attitude is paralleled by repeated aggressive remarks on the Part of German politicians against the Romani population. On the whole, such remarks are made in order to justify the German authorities' expulsion policy towards Romani refugees. Indeed, th
ey are not restricted to the extreme right-wing political parties:
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- In an interview to the daily newspaper ''taz" in September 1990 in Bremen, city council supervisor Heck, a member of the Green party, compared the Romani Holocaust with the disppearance of the dinosaurs and concluded: ''We cannot help everybody we've hu
rt throughout history", and: ''The Romani culture is not worth protecting";
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- The Socialdemocratic member of the state parliament of North-Rhine-Westphalia Marmulla called upon citizens of his home town Recklinghausen in June 1990 to organize a civil guard troop against Gypsies;
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- The member of the Bremen state parliament ''Schmidt" of the radical German People's Union commented on the Romani Holocaust during a session of parliament in July 1990, saying that ''it's a pity that not more of them were murdered". He was taken to cour
t for making racist remarks, but was proclaimed not guilty after appealing to a higher court authority.
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- The Minister of Social Affairs of Northrhine-Westphalia, the Socialdemocrat Hermann Heinemann, said in a recent interview to the German weekly Der Spiegel (37/1992): ''Sentiments against refugees are triggered especially by one group which has been pois
oning our social cimate - the Roma from Romania and Yugoslavia''.
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- Frankfurter Rundschau of 5.9.92 writes: ''It is not correct to assume that we are against foreigners; the problem are the Gypsies. ''
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- Badische Zeitung of 28.8.92 in a headline: '' A pure disease, theses Gypsies."
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- Hamburger Morgenpost, in a commentary following last summer's events in Rostock: '' One cannot deny - Roma are a serious plague, and this is not a racist remark."
These are only few excerpts out of an endless list of verbal assaults against the Romani community on the part of prominent German politicians and media. But anti-Gypsy policy in Germany is not restricted to verbal aggression; rather, it is governed by a d
eep contradiction, disregarding the Roma as a minority group on the one hand, while treating them as a social menace to be kept away from German soil on the other. Thus, there is no mention of Roma in schoolbooks and no Romani education program provided f
o r by the authorities, despite initiatives on the part of the Romani community. But the government continues to take all possible measures against the Roma, clearly classifying them as a separate entity when it comes to observation, persecution and expul
s ion:
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- On November 1, 1992 a treaty between Germany and Romania became effective, which is to regulate the ''transfer of refugees who are not in possession of valid documents" to Romania. Though not explicitly mentioned, the treaty concerns stateless Romani re
fugees. According to the agreement, it is sufficient that German authorities '' assume that the persons concerned are Romanian citizens '' in order to deport them to Romania. Article 2, section 5 of the treaty confirms that not only Romanian citizens are t
o be deported to Romania: '' German authorities will consider allowing persons to return to Germany, if the Romanian authorities deliver convincing proof that those persons are not and never have been Romanian citizens.'' The Romanian government has been
a warded 30 million D-Marks for its willingness to cooperate with the German Zigeuner-raus methods.
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- In its decision Nr. A 1549869-154 of January 5, 1993, the Federal Office for the Recognition of Foreign Refugees residing in Zirndorf, Bavaria argued that the situation of Roma in Romania may not be classified as political persecution and Roma from Roma
nia are therefore not entitled to political asylum. The Office continued to comment on the Romani situation, legitimising violent racist attacks against them: '' As a result of the alien character of the Roma, theirstubborn retention of alien traditions, a
n intensive rejection of Roma as well as deep prejudices have emerged (in Romania). This is normal. It is also understandable, that such feelings are now expressed in a violent manner."
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- Since 1986 the City of Cologne runs a so-called Unit for Ethnic Minorities; despite its general designation, its only task is to observe Romani families. The Unit coordinates Roma-related activities of Welfare and Immigration authorities, a Child Custod
y Unit and a special police task force.
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- Both the Federal and State Governments continue to disregard applications made by Romani refugees for treatment in accordance with the International Geneva Convention. Legal application forms submitted to the Chancellor's office in Bonn have been referr
ed to in internal correspondences as '' name lists "; in a statement on behalf of the Federal Government in the Bundestag on April 15, 1991, Secretary of State Dr. Waffenschmidt said that '' the legal implications of the Geneva Convention are not applicabl
e to Romani refugees " (Deutscher Bundestag, Drucksache 12/271). Thus, a legal procedure base upon international law is annulated for an entire ethnic minority on political grounds.
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- In the same statement, Dr. Waffenschmidt also confirms that: '' The Romani people live in many different states. Their status has been subject of many debates in various international forums. The Federal Government does not wish to accelerate this proce
ss by applying its own internal regulations." Despite this articulated position, Germany was the only state - among 43 partieipants - that voted against Resolution 62 of the United Nations Commission on Human Rights in Geneva on March 5, 1992, entitled ''
Protection of Roma ". The argument provided by the German delegation to justify its boycot vote:'' The Roma do not constitute a minority in Germany. They should not be the subject of positive discrimination. Germany wishes to retain its to expell Romani re
fugees".
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In December 1990, the government of North-Rhine-Westphalia withdrew a regulation allowing stateless Roma to settle in the province. Instead, it made a deal with the autonomous government of Macedonia, offering to pay over 30 million D-Marks should Macedon
ia agree to '' re-settle " the Roma in the Gypsy ghetto of Shutka, near Skopje. The entire sum is intented not to improve conditions for the Roma, but as a 'bribe', tempting Macedonia to accept foreign nationals on its territory Germany is thus willing to
pay in order to rid itself of the Roma.
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- Racist violence continues in Germany as Neo-Nazi groups attack homes and settlements of immigrants and refugees. Roma, being one of the largest groups of refugees, are confronted daily with assaults. In most cases, police claims not to have enough proof
material to prosecut attackers and charges are dropped. The media have stopped covering racist violence several months ago; it is now a part of daily life, that no longer seems to merit public attention.
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- German authorities attempt to supress Romani political organizations. Two of the leading Romani civil rights activists in Germany, Rudko Kawczynski and Yashar Demirov, face legal charges because of their determination to support Romani refugees. Yashar D
emirov has been sentenced to 7 months imprisonment; he allegedly '' deceived '' Romani refugees by accepting money in exchange for counselling support on how to apply for a residence permit. The case was based on the statements of two families who were in
terrogated by while in police custody, and then immediately deported to Yugoslavia. The ''witnesses" were therfore not available for cross-examination by the defence in court.
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- Led by a unit of the notorious anti-terror squad MEK (Mobiles Einsatzkommando), police broke their way into the home of RNC-President Rudko Kawczynski at dawn of Wednesday, April 13. 1994 The masked men were carrying guns and were dressed in dark clothe
s, but not in uniform. They held Kawczynski and members of his family at gunpoint for more than twenty minutes before revealing their identity as Hamburg police, thereby delibrately risking an attempt at self-defence on the part of the family, which would
have ended tragically. They then displayed a court warrant granting them the right to ''search the premises for weapons'', but found nothing. Kawczynski and his son were beaten by policemen and later received medical treatment, other family members were st
ripped naked and their body openings were searched. The police then proceeded to the joint offices of the Roma National Congress and the Rom & Cinti Union in the center of Hamburg, where more than 20 officers conducted an eight-hour search. They confiscat
e d several dozen files and copied the memories of all five office personal computers. The files and data contain information on RNC and RCU members and employees, international contacts, as well as drafts of political strategy papers. Among the material
t ak en are files relating to RNC activities in multilateral organizations, the CSCE and the Council of Europe, and information on Romani organizations.
Hamburg Police claimed the raid was Part of an investigation into bribery allegations against Kawczynski. According to the State Attorney who led the search, Kawczynski is suspected of having payed off the Deputy Director of the Aliens Department, Mr. U we
Brettschneider, between 1989-1992, in return for residence permits issued to Romani refugees threatened by deportation to former Yugoslavia. In a statement made to the Hamburg press, Kawczynski regretted he has never had the chance nor the honor of beco m
ing '' a Romani Oskar Schindler ". Rather, Mr. Brettschneider, at the time head of the deportation division in the Hamburg Aliens Department, was asked personally by Hamburg's Interior Senator Mr. Werner Hackmann to negotiate with the Rom & Cinti Union's
a ttorney, in order to implement what is known as the ''Hamburg Regulation", a bill ratified by the Hamburg Parliament on November 9th, 1989, which allowed Roma to stay as a one-time humanitarian act. Until now, Hamburg officials haven't acknowledged the f
u ll dimension of this regulation, but an internal document signed by the chief of Hamburg's Population Bureau, Mr. Schiek, in May 1993, estimates the total number of Roma whose residence in Hamburg was legalized by the regulation at 1500. Mr. Brettschnei
d er was promoted by the Senator himself after implementation of the regulation was completed.
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- The RNC regards this police raid as an act of political revenge, aimed at intimidating the organization's chief activists, and at making it difficult for the RNC to continue cooperation with multilateral organizations. Among the files seized were papers
relating to the forthcoming international Romani conference in Sevilla, supported by the European Commission, as well as to
the CSCE and Council of Europe's Joint Seminar on Roma planned for September. The RNC suspects the raid may also be connected to the successful attempt to prevent the deportation of thousands of stateless Romani refugees from former Yugoslavia to Romania l
ast March.
A further event leading to the raid may be the RNC's protest, made public at a press conference four weeks before, against police negligence of a series of attacks against institutions and civil rights activists: In the night of Thursday, March 10, fire wa
s set to a mobile home which had been serving as a mobile consultation Station for homeless Romani children since early last year. Police had interrupted a first attempt to set fire to the car several hours earlier, but started no investigation and did no
t warn RNC activists. Only 19 hours after the attack, following the first press reports, did the
police secure the car and start to search for evidence. The RNC had reported repeated phone calls threatening to harm organization activists to the police, but no action had been taken to increase security measures. Several days after the attack against th
e mobile office, RNC-President Rudko Kawczynski was assaulted near his home by a young man shouting right-wing and racist slogans. Kawczynski alarmed the police, who let the assailant go and instead searched Kawczynksi himself, applying extreme violence.
S imilarly, no action had been taken by Hamburg police in order to determine the identity of the persons who set fire to the car of a Romani family participating at a commemoration and protest assembly at the site of the former concentration camp Neuengamm
e in1989, or to track down those who made numerous attempts to attack residences of Roma in the outskirts of Hamburg during 1990-1993. Instead, some 2.000 police officers were on duty to prevent a Romani commemoration ceremony at the Neuengamme site on Ma
y 1 6th, 1993. Kawczynski, who led the march, was accused by Hamburg police of incitement against the state. In response to the lack of interest on the Part of the police to tackle racist attacks.