A/HRC/11/37
175. The Permanent Representative indicated that the answers of Germany reflect the
very positive interest the country had taken in the creation and conduct of the universal
periodic review as well as the open and constructive spirit in which it had approached the
recommendations. The review process had received considerable attention in Germany at
all levels, including Parliament, and discussion on the issues raised would certainly
continue.
176. A total of 35 of the 44 clusters of recommendations were accepted, most of which
without reservations or restrictions. Germany regretted not to be yet in a position to provide
a definite answer on the signing and ratification of the new Optional Protocol to the
International Covenant on Economic, Social and Cultural Rights, in view of the fact that it
was an issue still under consideration. In that regard, the Permanent Representative noted
that the recommendations that could not be accepted related to issues that had been and
were the subject of ongoing and intense debate among all stakeholders in Germany, and the
relevant recommendations were considered to be a valuable addition to that debate.
177. Germany indicated that all recommendations had been subjected to careful scrutiny
by the relevant authorities at the federal level, and had been considered in the light of both
international obligations and national laws, as well as to their added value for the protection
and promotion of human rights in Germany. As was already the case with the national
report, the answers to the recommendations had been the subject of consultations with civil
society organizations and the national human rights institution of Germany. The delegate
thanked them for their engagement, constructive criticism and devotion to human rights. He
underlined that throughout the review process, from the summary of the stakeholder’s input
to the current consultations, it had again been demonstrated how essential the free
participation of active, lively and varied civil society organizations was to the functioning
of a human rights culture. Germany owed them its respect and full support, both at home
and in the Council.
178. Turning to the substance of its answers to the recommendations, Germany noted that
many recommendations referred to the specific areas of human rights of migrants, questions
of racism, xenophobia and related intolerance, as well as minority issues. Almost all related
recommendations had been accepted. Germany remained fully committed to effectively
combating all instances of racism, racial discrimination and related phenomena. In this
context, Germany looked forward to the visit in the country of the Special Rapporteur,
Githu Muigai.
179. Although Germany was currently not in a position to accept the call for the creation
of a centralized statistic database on racist and xenophobic incidents as contained in
recommendation 16, it looked forward to pursuing an open dialogue on the need and
feasibility of such a mechanism. The Permanent Representative added that, despite its
decision not to participate in the recent Durban Review Conference, Germany would
continue to engage itself fully in the international fight against racism and all forms of
discrimination. Germany also remained committed to protecting the human rights of all
migrants, minorities and religious groups. Germany saw no contradiction between this
commitment and its well-known stand on the International Convention on the Protection of
the Rights of All Migrant Workers and Members of Their Families, and existing limitations
to the open display of religious beliefs by teachers and civil servants while on duty. The
first instance was due to the full protection of the relevant rights in other conventions, while
the second was rooted in nothing else but the need to weigh the positive and negative
freedom of belief against each other and to retain the State’s neutrality in matters of belief.
180. The Permanent Representative also drew the attention of the Council to the answer
to recommendation 30, where Germany not only fully embraced the recommendation, but
also provided basic data and information relating to the factual situation in the country.
GE.09-16766
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