THE DANISH-GERMAN MINORITY MODEL State Borders in Danish-German Border Region 1864-2005 “FROM CONFRONTATION to COOPERATION” the DANISH-GERMAN MINORITY MODEL
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THE DANISH CONSULATE GENERAL IN FLENSBURG, GERMANY “FROM CONFRONTATION TO COOPERATION” THE DANISH-GERMAN MINORITY MODEL State borders in Danish-German Border Region 1864-2005 “FROM CONFRONTATION TO COOPERATION” THE DANISH-GERMAN MINORITY MODEL By Consul General Henrik Becker-Christensen The Danish Consulate General in Flensburg 2014 The cover photo shows H. C. Hansen, the Danish Prime Minister together with Konrad Adenauer, the Chancellor of The Federal Republic of Germany, in Bonn on 29 March 1955, at the signing of the declarations on the rights of the Danish and German minorities. Published by the Danish Consulate General in Flensburg. Printed by Flensborg Avis. Lord Palmerston (1784 - 1865) „FROM CONFRONTATION TO COOPERATION“ THE DANISH-GERMAN MINORITY MODEL „The Flying Trunk“ Reportedly, at the middle of the 19th signed the German declaration and century the British Foreign Secre- the Prime Minister signed the Dan- tary Lord Palmerston said that only ish one. Later, they have become three persons had understood the known as the Bonn-Copenhagen Schleswig-Holstein question: the Declarations. first one had died, the second one After having signed the declara- had gone mad, and the third one, tions, several speeches were given. namely Lord Palmerston himself, In one of his speeches, H.C. had forgotten all about it. Hansen claimed that the flight to One hundred years later matters Bonn had made him think of H.C. became clearer, when H.C. Andersen´s fairytale about "the Hansen, the Danish Prime Minister, flying trunk". What the poet had only went to Bonn in 1955 in order to put imagined had now become true for the finishing touches to the negotia- the Danish statesman. "I was really tions on the rights of the Danish and sitting in a flying trunk, not in order to the German minorities. On 29 visit the daughter of the Turkish March he met Federal Chancellor sultan but in order to forge an alli- Konrad Adenauer, and in the pres- ance of understanding between our ence of the delegations of the two countries within the framework of countries, the Federal Chancellor the Atlantic powers." The last words 1 were a hint that it was the question minority was simply defined as of the admission of the Federal "those German citizens that confess Republic of Germany to NATO in the to Danish nationality", adding that autumn of ´54 that had boosted the "The confession to belonging to a Danish-German negotiations about minority may not be neither tested the rights of their respective minori- nor disputed." From now on the rule ties. was "Minderheit ist wer will" ("Those In their speeches, both states- who wish to be part of the minority men underlined that the signing of are part of it”). the Bonn-Copenhagen Declara- In 1945 the minority arrange- tions was a turning point in the rela- ment was put under pressure on tionship between Denmark and the both sides of the border. Federal Republic of Germany and The special rights of the German that these declarations would be a minority, which was introduced at turning point in the relationships the end of the 1930s and during the between minorities and majorities German occupation, were lifted in on both sides of the border. Konrad Denmark, when the Germans sur- Adenauer expressed his firm belief rendered in 1945. There were also that a more solid foundation had the judicial purge of members of the been laid concerning respecting the German minority, the confiscation of interests of both minorities. German private schools and the cancellation of teaching in German The minority question at the in municipal schools. However, the NATO meeting in Paris core of the minority arrangement was preserved and confirmed in the The mutual respect for the interests so-called Copenhagen Protocol of the national minorities was rooted about the rights of the German in the delineation of the frontier in minority in 1949. This did not, 1920. Back then, the points of refer- though, change the fact that the ence were different, but during the relationship between the minority end of the 1920s alignment of and the majority in Denmark was minority politics had developed in still tense. an important area: the recognition of This also applied for Southern "the principle of disposition” (das Schleswig, which had been greatly Gesinnungsprinzip). For example, affected by a substantial strength- this was expressed in a Prussian ening of the Danish minority. The school order, where the Danish Kiel Declaration of 1949 about the 2 rights of the Danish minority in Ger- Konrad Adenauer, the German Fed- many did not ease the tension. The eral Chancellor, had been invited to conflict peaked in 1951, when the attend the meeting. Schleswig-Holstein State Govern- In his speech, H.C. Hansen ment used its majority in the Parlia- claimed that the treatment of a ment (Landestag) in Kiel to raise the minority might become a symbol of electoral threshold to 7.5 %. This the future partnership. Here he step was overruled by the Federal referred to the fact that the German Constitutional Court of Germany in minority was represented again in Karlsruhe, after which the 5 % elec- the Danish Parliament, whereas the toral threshold applied again. Danish minority, which was be- But at that point the party of the tween four and five times bigger, did Danish minority, South Schles- not have a seat in the Parliament of wigigan Voter´s Association (Syd- Schleswig-Holstein. The members slesvigsk Vælgerforening) had of the Danish Parliament expected already lost its chance of being rep- that the principles behind the NATO resented in the Parliament of partnership would make Germany Schleswig-Holstein in Kiel. Thus, at pursue a similar liberal policy char- Parliament elections in 1954, in acterised by the understanding of spite of having gained 42,000 votes, the special problems of a national the minority lost its seat in Kiel. The minority. H.C. Hansen concluded previous year the party of the Ger- that he hoped that the Federal Gov- man minority had gained a seat in ernment in Bonn in cooperation with the Danish Parliament (Folketinget) the Parliament of Schleswig- in Copenhagen with just 9,700 Holstein in Kiel would find a solution votes. There were also other prob- to the problem. lems that made the relationship Adenauer´s response was posi- between minority and majority tive. This triggered the process that thorny. resulted in the signing of the Bonn- It was on this background that Copenhagen Declarations five Foreign Secretary H.C. Hansen months later, declarations outlining touched on conditions in Southern the future rights of the Danish and Schleswig on 22 October 1954, at a German minorities. NATO meeting in Paris. He did so in connection with the question of admitting The Federal Republic of Germany to NATO. For that reason 3 Federal Chancellor Konrad Adenauer receives Prime Minister H.C. Hansen on 29 March 1955, prior to the signing of the Bonn-Copenhagen Declarations. The Bonn-Copenhagen Decla- Thereafter the declarations list rations the civic rights as stipulated in the constitutions of the two states, The declarations of the two govern- explicitly pointing out that these ments were carefully coordinated – rights also apply to anyone belong- they both start by declaring the ing to the Danish or German minor- intention of furthering the friendly ity. co-existence between the popula- As a consequence of these prin- tions on both sides of the Danish- ciples, it is stated that the affiliation German border and the friendly to German or Danish nationality and relationship between the two coun- culture "is free and may not be tries. The preamble also refers to tested or disputed by the authori- article 14 in the European conven- ties". Persons belonging to the two tion on human rights and to the Dan- minorities and their organisations ish and German minority declara- may not, whether orally or written, tions from 1949 (the Copenhagen be prevented from using the lan- Protocol and the Kiel Declaration). guage they prefer. In the judicial 4 system and in the public administra- subsection 5, benefiting national tion the language(s) used follow minorities would be preserved per- conventional rules. manently in future legislation. This Furthermore, the two declara- law constituted something new: it tions establish the rights of the Dan- gave national minorities the possi- ish and German minorities to culti- bility to be represented in the Fed- vate their religious, cultural and eral Parliament if they could mobi- professional connections in and lise the average amount of votes with, respectively, Denmark and required to have one candidate from Germany, and the minorities are their own regional state (in casu, the guaranteed their rights to establish state of Schleswig-Holstein) repre- their own kindergartens and sented in the Federal Parliament. schools. According to the declara- This law is still valid. tions, the access of the minorities to Furthermore, the Federal Gov- the radio should be considered – ernment pronounced that the Par- minorities should also have public liament of Schleswig-Holstein announcements published in their would introduce an exemption from own newspapers. Finally, the decla- the 5 % electoral threshold under rations promise that the minority the Electoral Law of Schleswig- aspect will be borne in mind when it Holstein aimed at the Danish minor- comes to filling political posts in the ity in the state. Thus, on 23 May municipalities (all other rules being 1955, the Parliament of Schleswig- followed) and that when allocating Holstein voted in favour of suspend- public funds, members of the minor- ing this threshold in the case of the ity will not be discriminated against Danish minority.