A/HRC/11/15 Page 12 55. The Netherlands noted that changes to German migration law were considered difficult and discriminatory. It recommended that Germany continue to guarantee non-discrimination for all and share further experiences with regard to the new integration policies with regard to guaranteeing human rights. It also recommended that Germany continue to strengthen its efforts to prevent law enforcement officers from using excessive force. Regarding the widespread stereotypes and discriminatory attitude towards lesbian, gay, bisexual and transgender including violent attacks and damage to the memorial for lesbian and gay victims of the Holocaust, the Netherlands welcomed Germany’s positive steps to protect them from hate crimes and recommended that Germany continue its efforts and take further initiatives to combat hate crimes based on sexual orientation. 56. Turkey noted problems related to the education of the migrant population. Turkey noted that the views of the Special Rapporteur on the right to education could be considered in a review of the existing school system, which seems discriminatory against school children of foreign origin and not of German mother tongue. Turkey said it believed the practice of dual citizenship would enhance the political participation of migrations and their integration. It therefore recommended that Germany consider the suggestions made by CERD in this respect. Turkey noted that the amendment introduced to the migration law requiring knowledge of German applies only to those for whom an entry visa is required, and considered that this discriminatory practice should end. 57. Hungary indicated that it welcomed the upcoming closure of the Guantanamo detention camp and asked about the intention to grant asylum to inmates. Hungary asked questions regarding combating racism and the National Action Plan against Racism. It also asked for information on the special protection programme for the victims of human trafficking. 58. Benin noted that Germany has ratified OP-CAT and declared that it will establish the national preventive mechanisms within three years. In this context, Benin recommended that Germany be one of the countries contributing to best practices of the Human Rights Council by speeding up the establishment of these mechanisms. 59. Spain noted that the 2007 reform of the German Residents Act represented significant legislative progress regarding the irregular solution of the so-called “tolerated” immigrants, who are illegal and cannot be expelled for reasons of fact or law and whose integration is being pursued. Spain asked if the advances were sufficient and how Germany could guarantee coordination of the different levels of the administration in order to avoid the expulsion of the “tolerated” migrants. 60. South Africa noted that the Special Rapporteur on education had recommended, inter alia, appraising the possibility of withdrawing Germany’s reservations and declarations to the CRC. South Africa recommended that the Government should consider adopting measures that would ensure that any law or regulation for controlling irregular migration should neither deny nor prevent migrants from accessing fundamental human rights, including access to education, health, care and effective redress for human rights violations. It referred to concerns raised about political platforms that promote or incite racial discrimination, including indications that the right-wing extremist ideology is not only found at the fringe of the German political spectrum. It recommended that Germany should implement the recommendations of the CERD, including the adoption of a clear definition of racial discrimination in its domestic legislation, adoption of legislative measures that would criminalize incitement to racial hatred, and effective sanctions for hate crimes.

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