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Pushing off, but to where?

Refugees

Pushing off, but to where?

Easy thought, so hard – in this formula the government’s plan to bring the deportations to simplify. As German Ausweisungsrecht and international law do not fit together.

Also in the Federal Ministry of the interior, this is known. Interior Minister Thomas de Maizière wants to therefore, with the planned tightening of the Ausweisungsrechtes not satisfied. The Minister of the interior departs from the 28. February to 1. March to North Africa, to the governments in Morocco, Tunisia and Algeria personally on the Repatriation of deported citizens to negotiate.

Because, as always in Germany in the future, the legal deportation of asylum seekers looks like, in reality it remains complicated. “International law provides that each state’s citizens to eat,” explains Ministry spokesman Tobias Plate. But as long as identity cards or Ersatzpapiere were missing, would not a country, the supposed citizen.

Non-Binding International Law

The problems start in practice, because in the procurement of the Ersatzpapiere there are several legal loopholes: “There is no time limit for messages, within which such documents for their supposed citizen must issue”, explained the Ministry spokesman. “There can sometimes a year will pass by before you get a response.” Also sanctions were not provided.

Criticized the law reform: member of Parliament Ulla Jelpke (The Left)

For the member of Parliament Ulla Jelpke is, therefore, the dispute in Germany over a faster expulsion of delinquent become foreigners as a Phantomdebatte. “We don’t need Gesetzesverschärfung”, the domestic policy spokesperson for the Linksfraktion clear. The planned legislative reform was an instrumentalization of the Attacks in the Cologne, new year’s eve.

According to the current legal situation of foreign offenders be deported when the court a term of imprisonment of three years or more is imposed. “Three years imprisonment without the possibility of parole is a very high hurdle, then you have to be extremely serious crimes”, says the Deputy Chairwoman of the CDU
Armin Laschet. “Who offences (assault/rape/theft) as at Cologne’s Hauptbahnhof, commits, should be deported.”

That looks at the domestic political spokesperson for the Linksfraktion decidedly different. “Sexual violence is bad, you must above all be prosecuted,” she told DW. “I would also like to not that someone will be deported and sent it to the women in Morocco or Algeria is doing.”

Jelpke also has a different Argument for your criticism of the legislative reform, about on Friday (19.2.) in the Bundestag debates. They doubted whether the planned design at all with the requirements of EU law and of the Geneva Convention accords.

2015 demonstrated in Berlin thousands against the deportation of refugees. Now a law the expulsion of asylum seekers to facilitate

What is the Offence to justify deportation?

Your criticism is based on an appraisal of the Scientific service of the Bundestag, the Linksfraktion in order gave. Result: The reviewers consider it to be problematic, certain offences, for example, “offences against property” or “resistance to enforcement officers” as “particularly difficult” to classify and therefore as reason for a possible deportation to define.

The most recent statistics of the Federal criminal (BKA) shows that property crimes, or “freeriding” (use of the Railways without a valid Ticket) with 65 percent, the largest proportion of reported crimes for asylum seekers to make up. Bodily injury and Robbery add up to 18 per cent, offences against sexual self-determination were under a percent.

“The development of the by immigrants crimes committed steps still significantly from the development of the Zuwanderungszahlen,” it says in the Overview of the BKA. “The vast majority of asylum seekers commit no crime.”

Travels to North Africa: Minister of the interior Thomas de Maizière

For Federal interior Minister de Maizière, are therefore binding readmission agreements are even more important. For in such agreements will, among other things, stipulated, which Ersatzpapiere recognized and in which period of time you have to be issued.

Pressure from De Maizière

So far existence of such readmission agreements with a total of 30 countries, including Morocco and Algeria. The agreements do not seem to be sufficient, as de Maizière wants to his trip to the Maghreb countries to “non-legally binding Memorandum of understanding” effort.

Shortly before he explored also development Minister Gerd Müller and the Terrain: the chief of The Entwicklungsministeriums (BMZ) plans in late February to North Africa to travel. According to information from the Ministry, the trip is also about support programmes for returnees to explore. A measure which is already in Kosovo have been successful.

A link of resources for development cooperation and the inclusion of deported asylum seekers rejects you in the BMZ strictly. “We have been working since the Arab spring strengthened, with the Region together”, it is from the Ministry. “If we are now training and Arbeitsmarktprojekte swipe, we must ask ourselves, what we do.”

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