The ongoing coalition negotiations between the conservatives of the Christian Democratic Union and Christian Social Union (CDU/CSU) and the center-left Social Democratic Party (SPD) are said to have been riddled with heated arguments — sometimes to the point of doors being slammed, according to information leaked to the press by participants. The working group dealing with immigration and integration issues, in particular, has battled with extreme differences.
However, a paper intended as a basis for the coalition agreement of the new federal government was eventually drawn up, and it has been reviewed by DW. Under the heading “Citizenship law,” the paper states: “We are committed to the reform of citizenship law.” It then continues:
“We will examine under constitutional law whether we can revoke the German citizenship of terror supporters, antisemites and extremists who call for the abolition of the free and democratic basic order, if they hold another nationality.”
SPD politician Dirk Wiese, who was part of the working group responsible for “Domestic Affairs, Law, Migration and Integration,” touted that as a success for his party. Wiese told DW that the SPD had ensured that remained in place, while the CDU/CSU had wanted to roll it back. “We still have the option of naturalization after five years. If you arrive here in the country very quickly, [and] learn the language after three years.”
The CDU/CSU’s more far-reaching proposal to withdraw German citizenship from dual nationals under certain circumstances was recently still being resisted by the SPD –– however, the SPD apparently failed to prevail. Some Social Democrats fear the proposal will result in unequal treatment: Would naturalization ultimately just be some kind of probationary period? And: Would a German with a second nationality not be so German, after all?
Germans on probation?
SPD politicians such as Bremen Mayor Andreas Bovenschulte already raised a flag about the issue when the passage appeared in an exploratory paper ahead of the working group’s negotiations. The message conveyed to the 5 million people living in Germany with dual nationalities was “a really big problem,” he told the German news magazine Der Spiegel. “They would get the impression that their citizenship is worth less –– and that they don’t really belong.”
And that’s exactly how it feels for Abdel — a pseudonym, since he does not feel safe having his real name published. He is German, and was born in Berlin. He is also Palestinian –– his grandmother was born in east Jerusalem. In addition to being a German citizen, Abdel also holds Jordanian citizenship.
“The situation is very tense. It could become unpleasant for people like me,” he told DW.
Clara Bünger, a member of the Bundestag for the Left Party, calls the proposal a “two-class citizenship law,” and said it raises the question of: “Who belongs, and who doesn’t? That is precisely what we don’t need in a migration society. We need very clear rules and legal certainty for everyone –– as well as equal rights for all people in Germany.”
‘Terrorist’ becomes ‘terrorist supporter’
Germany’s constitution, the Basic Law, does stipulate that the state may not withdraw German citizenship –– however, there are exceptions. For example, if someone were to fight for a group like the , which Germany classifies as a terrorist organization, their German passport could be revoked under current law,– but only if they possess a second passport.
During the recent , the CDU/CSU repeatedly called for a tightening of the regulation. At the beginning of January, the conservative union’s chancellor candidate announced that “people who commit crimes and have dual citizenship” would be deported. Shortly afterward, the head of the CSU, Markus Söder, wrote on X: “Anyone calling for a caliphate must be stripped of dual citizenship!”
The current draft proposal clearly bears the CDU/CSU signature. Being identified as a “terrorist supporter” or “antisemite” in the future will be enough to revoke German nationality. But how are those terms defined?
is not a criminal offense per se in Germany –– it must fulfill the criminal offense of incitement to hatred, which does apply to many antisemitic statements, including Holocaust denial.
In addition to criminal prosecution, the threat of expatriation might come into play, but only for dual nationals. Critics have said that’s a disadvantage for those who have dual nationality, compared to those who, for example, express antisemitic views and only have a German passport.
“It’s about excluding certain groups: people from Arab or Muslim countries,” said Elad Lapidot, a professor of Jewish studies at the University of Lille.
Who is an ‘antisemite’?
Lapidot is worried about the plans of Germany’s likely next government — partly because to use the working definition of antisemitism by the International Holocaust Remembrance Alliance as its benchmark.
The IHRA working definition cites 11 examples of antisemitism, most of which relate to Israel. According to its clarification: it is antisemitic to deny the Jewish people the right to self-determination, for example by describing Israel as a “racist endeavor” –– one example that can be interpreted quite broadly.
Critics of the IHRA working definition, including researchers such as Lapidot, have also been labeled “antisemites.”
“You don’t have to agree with the criticism. But formulating and expressing it is essential for a democracy,” said Lapidot, who is co-founder of the Association of Palestinian and Jewish Academics.
German citizenship withdrawal a tool of Nazi regime
Lapidot is also worried on a personal level. The Jewish studies professor holds both German and Israeli citizenship. Part of his family originally came from Hamburg and fled to what was then the British Mandate of Palestine in 1934. Like many German Jews who fled from the Nazis, they were stripped of their German citizenship under Nazi-era law as soon as they moved abroad.
“Germany already created second-class citizens at one time,” said Lapidot. “Then withdrew their citizenship.”
As a sign of reparation for that injustice, the Federal Republic of Germany enshrined the Basic Law for “victims of persecution by the Nazi regime who were deprived of their German nationality on political, racial, or religious grounds.” The measure also holds for their descendants. That is how Lapidot, who grew up in Israel, obtained his German citizenship.
Influence of far-right populism?
The widespread popularity in Germany of , parts of which are under state surveillance as suspected “extremist”, is a major concern for Lapidot. “At a time when policies and political visions advocated by fascists and Nazis in the 1930s are being revived, by Arabs, Palestinians, and Muslims […] is “cynical and extremely disturbing.”
Antisemitism became a “genocidal ideology” in Germany, according to Lapidot, and .
Left Party politician Bünger is convinced that “the exploratory paper clearly bears the hallmarks of the AfD. It was pressure from the right that made these more stringent policies possible.”
Abdel regularly participates in pro-Palestinian demonstrations and is now considering giving up his Jordanian citizenship, voluntarily. He said he is a Berliner and does not want to lose his German citizenship. “I know I’m not an antisemite,” he said. “A revocation of my citizenship would be nothing more than a means of suppressing freedom of expression.”
Constitutional review still pending
It’s still not clear who will ultimately be responsible for deciding whether someone is an “antisemite,” potentially stripping them of their dual citizenship. The draft paper states the criteria as: “Supporters of terrorism, antisemites, and extremists who call for the abolition of the free democratic basic order.”
Felix Klein is the federal government’s antisemitism commissioner. When DW sought his opinion on the draft coalition paper, he refused to comment “at this time” because it is not yet final.
The paragraph in question must still be reviewed under constitutional law before German courts can determine whether certain individuals can be charged with being a “supporter of terrorism, antisemite or extremist.”
The SPD appears optimistic that the text will not stand up to legal scrutiny. Wiese, a member of the SPD negotiating team, is relaxed about it: “I personally have a clear legal opinion on what the outcome of such a review will be.” However, those potentially affected by this regulation are not.
This article was originally written in German.
The post Germany could withdraw citizenship due to ‘antisemitism’ appeared first on Deutsche Welle.
