VISA REQUIREMENT FOR CHILDREN
Children from certain countries now need a visa to enter Germany, and must apply for a residence permit if they already live in the country. A decree to this effect entered into effect on 15 January, only a day after its announcement by the German Interior Minister, Manfred Kanther.
The decree deals with children under 16 years from Turkey, the former Yugoslavia, Morocco and Tunisia - that is, countries in which Germany used to recruit large numbers of guest workers. Children from these countries already residing legally in Germany have until 31 December to apply for a residence permit. In the Turkish community alone, some 400,000 children, many of whom are born in Germany, are affected.
All children under 16 from the above countries also require a visa to enter Germany.
Abuse of visa-free travel?
Minister Kanther justified the visa requirement as a necessary measure to prevent the entry of unaccompanied children. In 1996, more than 2000 unaccompanied children entered the country, as opposed to only 198 in 1994. According to the Minister, this indicates that parents have been abusing visa-free travel to send their children to Germany as unaccompanied asylum seekers. Once a child was granted asylum, they tried to follow themselves. While critics do not deny that abuse does occur, they point to the fact that around 1,300 of the 2,000 unaccompanied children were actually received by parents or other relatives already living in Germany and that many others actually are genuine refugees.
Mr Kanther further contends that Kurdish children in particular are used by drug traffickers for smuggling and selling drugs, since criminal prosecution of children is not possible under German law.
The Christian-Democrat Berlin Foreigners Commissioner, Barbara John, argues that the new visa requirement will "better protect children from being moved back and forth" and from being "abused for dubious purposes".
Decree benefits immigrants smugglers, experts say
Throughout the country, people with insider knowledge of the immigrant communities dispute the contention that the decree will benefit children. Instead, they say, it will contribute to further discrimination against immigrants. The reunification of foreign children with their families in Germany is being made even more difficult and the visa requirement will only benefit immigrant smugglers who will raise their prices for forged travel documents, while such a development will not deter drug traffickers. Instead, asylum organisations fear it will prevent genuine child refugees who cannot afford to resort to smuggling organisations from travelling to Germany.
Doubts even among Christian Democrat MPs
The requirement of a residence permit has been publicly censored by 10 federal MPs of Mr Kanther's own Christian Democrat party, who described the measure as "counterproductive". They fear the decree will lead to great uncertainty for the children and families concerned and thereby jeopardise their integration into German society.
Panic among immigrant families, confusion among foreigners authorities
The Interior Minister's sudden move has created confusion and panic among the immigrant communities concerned. Within days of the announcement of the decree, in Berlin alone anxious Turkish parents had 500 children flown in from Turkey, in order to prevent the risk of definitive separation.
The decree has led to some confusion even among foreigners authorities. It remains the secret of the Interior Minister how they are expected to handle hundreds of thousands of residence applications within a reasonable time period. Moreover, there is disagreement over the period of validity of residence permits for children. While some foreigners authorities are talking about eight years, others say permits must be renewed every two years.
A proposal by the Federal Foreigners Commisioner, Ms Schmalz-Jacobsen, to grant unlimited residence permits was quickly rejected by Interior Minister Kanther. An unlimited residence permit would have entitled foreign children in Germany to travel freely within the Schengen territory.
Decree fuels extremism, critics say
Critics of the decree say the message from the Government is that immigrants are not considered part of German society, no matter how hard they try to integrate. This, they claim, is grist to the mills of xenophobic and racist groups. Cem Özdemir, a Green member of the Bundestag (Federal Parliament) of Turkish origin, fears the decree will also drive young foreigners into the arms of Islamic extremists who oppose any integration into German society.
Sources: Der Spiegel, 04/97; Migration News Sheet, No.167/97-2 (MNS is available at: 172-174, rue Joseph II, B-1000 Brussels, Tel/Fax: +32/2 2303750).