UPR of Germany

19 September 2013 Check against delivery

UN Human Rights Council Twenty-fourth session, 9 - 27 September 2013

Agenda item 6: Consideration of UPR reports

GERMANY

Mr. President,

The German Institute for Human Rights welcomes the opportunity for National Human Rights Institutions (NHRIs) to contribute to the UPR on their own country so as to provide the Human Rights Council with the view of an actor whose sole mission is to promote and protect human rights.

We commend the German Government’s efforts to involve civil society during the preparation of the State report and of its written response to the recommendations of the Working Group. These efforts made the procedure more transparent and resulted in a broader public discussion, which also included Parliament.

The UPR was established as a means to bring about progress in the realization of human rights on the ground. States should therefore use the procedure for critical self-reflection and a future-oriented approach. In their response to the Working Group recommendations they should make clear in which areas they intend to proceed in the coming 4.5 years.

The German Institute for Human Rights regrets that the written reply of the German Government falls short of these expectations. We are also disappointed that, in the following areas, the Government does not live up to its promise made to the UPR Working Group to take home the critical comments made and to re-consider issues raised, in particular about racism and the rights of migrants.

The Government merely points to its 2008 National Action Plan against Racism, leaving aside the recommendations made by the Federal Parliament this year resulting from its inquiry into the shortcomings of law enforcement investigations of a racist murder series.

The Government also affirms the compatibility of German asylum and migration law with international human rights without taking into account pertinent recommendations by Treaty Bodies and UN Special Procedures.

The German Institute for Human Rights deplores that the Government continues to reject recommendations to ensure the independent and effective investigation of allegations of police violence and on measures allowing the identification of police officers. Its position is astonishing as several states of the Federation (“Länder”) have introduced such measures since the last UPR cycle, which should now be evaluated.

© 2013 German Institute for Human Rights. All rights reserved. German Institute for Human Rights, Zimmerstr. 26-27, 10969 Berlin Telefon (+49) (0)30 25 93 59-0, E-Mail [email protected] www.institut-fuer-menschenrechte.de

As Germany’s CRPD Monitoring Body, we acknowledge that the Government accepts three recommendations concerning the rights of persons with disabilities and undertook – albeit rather vague – commitments (on barrier-free access to private providers of goods and services to protection and support facilities for women with disabilities affected by violence, and to effective protection and complaint mechanisms for persons with disabilities living in specialized centers).

We also recognize the Government’s commitment to equip the National Preventive Mechanism with sufficient resources to fulfill its role.

Mr. President, the German Institute for Human Rights is astonished and concerned about three responses:

(1) The Government declares that it would ratify a human rights treaty only after its monitoring body has produced case law. If followed, this approach could weaken the international human rights protection system.

(2) Furthermore, the Government rejects recommendations because they pertain to issues falling within the remit of the states of the Federation (“Länder”). In effect, this removes human rights issues from UPR scrutiny and thus runs counter the object and purpose of this review procedure.

(3) Finally, the Government explains that it would not ratify a human rights treaty (the Migrant Workers’ Convention) because of its incompatibility with domestic law. If this argument were to be accepted, global progress in human rights protection could never be achieved.

Mr. President,

The German Institute for Human Rights acknowledges that, in light of the multitude of recommendations, the word limit for the Government’s written response makes it a challenging undertaking to provide adequate and meaningful replies to the Human Rights Council. Nevertheless, we would have wished that the Government had been specific in identifying the measures it intends to take to implement accepted recommendations, thereby also facilitating an evaluation during the third UPR cycle. We therefore call upon Germany to set up a high-level domestic mechanism to coordinate the implementation of recommendations accepted by it.

Thank you.

© 2013 German Institute for Human Rights. All rights reserved. German Institute for Human Rights, Zimmerstr. 26-27, 10969 Berlin Telefon (+49) (0)30 25 93 59-0, E-Mail [email protected] www.institut-fuer-menschenrechte.de