Thursday, 18 April 2013

Absolutely shocking. Following on the recent demand by the EU that the Greek political party Golden Dawn be banned, we are seeing yet further encroachments by the bureaucrats on the democratic realm. A UN Committee has denounced the German government for failing to prosecute Thilo Sarrazin for his remarks about Turks and Arabs. It has imposed a 90-day ultimatum on Germany to present proposals for amendments to its laws. The complaint to the committee originated with a Turkish association.

The German cultural journal Lettre International (2009 fall edition, number 86)3 published an interview with Mr. Thilo Sarrazin, the former Finance Senator of the Berlin Senate (from 2002 to April 2009, Social Democratic Party) and member of the Board of Directors of the German Central Bank (from May 2009), entitled “Class instead of Mass: from the Capital City of Social Services to the Metropolis of the Elite”. In this interview, Mr. Sarrazin expressed himself in a derogatory and discriminatory way about social “lower classes”, which are “not productive” and would have to “ disappear over time” in order to create a city of the “elite”. In this context, he stated, inter alia:
“[…] The city has a productive circulation of people, who work and who are needed, be they part of the administration or of the ministries. Beside them, there is a number of people, about 20% of the population, who are economically not needed. They live off social welfare (Hartz IV) and transfer income; on a federal level this segment is only 8-10%. This part of the population needs to disappear over time. A large number of Arabs and Turks in this city, whose numbers have grown through erroneous policies, have no productive function, except for the fruit and vegetable trade, and other perspectives will probably not develop either […].
[…] One must stop talking about “the” migrant. We must look at the different migrant groups. […]
With the core group of people from Yugoslavia, however, one sees a more “Turkish” problem, the Turkish group and the Arabs slope dramatically [in terms of success]. Even in the third generation, a lot of them lack any reasonable knowledge of German. Many of them don’t even finish school and an even smaller part makes it to the college entrance exam […].
[…] There is another problem: the lower the class, the higher the birth rate. The birth rates of the Arabs and Turks are two to three times higher than what corresponds to their overall part in the population. Large segments are neither willing nor able to integrate. The solution to this problem can only be to stop letting people in and whoever wants to get married, should do it abroad. Brides are constantly being supplied: the Turkish girl here is married to someone from Anatolia; the young Turkish man gets a bride from an Anatolian village. It’s even worse with the Arabs. My idea would be to generally prohibit influx, except for highly qualified individuals and not provide social welfare for immigrants anymore.

[…] It is a scandal when Turkish boys don’t listen to female teachers because of their culture. Integration is an accomplishment of those who integrate. I don’t have to accept anyone who doesn’t do anything. I don’t have to accept anyone who lives off the state and rejects this very state, who doesn’t make an effort to reasonably educate their children and constantly produces new little headscarf girls. That is true for 70% of the Turkish and for 90% of the Arab population in Berlin. Many of them don’t want any integration, they want to live according to their own rules. Furthermore, they encourage a collective mentality that is aggressive and ancestral […].

[…] The Turks are conquering Germany just like the Kosovars conquered Kosovo: through a higher birth rate. I wouldn’t mind if they were East European Jews with about a 15% higher IQ than the one of Germans.

[…] If the Turks would integrate themselves so that they would have comparable success in the school system like other groups, the topic would become moot. […] However, it does not happen like that. Berliners always say that they have a particularly high number of foreigners. This is wrong. The percentage of foreigners in Munich, Stuttgart, Cologne or Hamburg is much higher, but the foreigners there have a smaller percentage of Turks and Arabs and they are of more diverse origin.

[…] We have to completely restructure family policies: away with payments, above all to the lower class. I remember a report in the newspaper “Die Zeit” that stated that every Monday morning, the city cleaning services clean 20 tons of left over lamb from Turkish grill parties in the Tiergarten - this is not a satire. The Neukölln Mayor Buschkowsky spoke about an Arab woman who was having her sixth child to be able to get a bigger apartment through the social welfare law (Hartz IV). We have to say farewell to these structures. One has to assume that human ability is to some extent socially contingent and to some extent hereditary. The road we are following leads to a continuous decrease of the number of intelligent high performers due to demographic reasons. One can’t build a sustainable society that way...

[…] If 1.3 million Chinese are just as intelligent as Germans, but more industrious and in the foreseeable future better educated while we Germans take on ever more of a Turkish mentality, we’ll have a bigger problem […]

2.2 On 23 October 2009, the petitioner, “as the interest group of the Turkish citizens and citizens with Turkish heritage of Berlin and Brandenburg” filed a complaint of criminal offence against Mr. Sarrazin to the Office of Public Prosecution. It claimed, inter alia, that Mr. Sarrazin’s statements constituted incitement of the people (Volksverhetzung), pursuant to article 130 of the Criminal Code4, in particular because “Turks and Arabs were presented as inferior and denied a right to existence in our society”.

...The issue before the Committee is whether the State party fulfilled its positive obligation to take effective action against reported statements of racial discrimination, having regard to the extent to which it investigated the petitioner’s complaint under paragraphs 130 and 185 of the Criminal Code. Paragraph 130 of the Criminal Code criminalizes any manner of expression that is capable of disturbing the public peace by incitement to hatred against segments of the population or calling for violent or arbitrary measures against them; or by assaulting the human dignity of others by insulting, maliciously maligning, or defaming segments of the population. It also criminalizes incitement of hatred against segments of the population or a national, racial or religious group, or one characterized by its folk customs, calls for violent or arbitrary measures against them, or assaults the human dignity of others by insulting, maliciously maligning or defaming segments of the population or a previously indicated group. Paragraph 185 of the Criminal Code criminalizes insult.

12.3 The Committee recalls its earlier jurisprudence38 according to which it does not suffice, for the purposes of article 4 of the Convention, merely to declare acts of racial discrimination punishable on paper. Rather, criminal laws and other legal provisions prohibiting racial discrimination must also be effectively implemented by the competent national tribunals and other State institutions. This obligation is implicit in article 4 of the Convention, under which States parties undertake to adopt immediate and positive measures to eradicate all incitement to, or acts of, racial discrimination. It is also reflected in other provisions of the Convention, such as article 2, paragraph 1 (d), which requires States to prohibit and bring to an end, by all appropriate means, racial discrimination, and article 6, which guarantees to everyone effective protection and remedies against any acts of racial discrimination.

12.4 The Committee notes the petitioner’s claim that Mr. Sarrazin’s statements in the magazine “Lettre international”, 2009, Number 86 discriminated against it and its members, who are all of Turkish heritage, as the Turkish population was presented as a segment of the population who live at the expense of the State and who should not have the right to live on the territory of the State party and that the State party failed to provide protection against such discrimination. It also notes the petitioner’s argument that Mr. Sarrazin’s statements led to public vilification and debasement of Turks and Muslims in general. It further notes the petitioner’s claims that the absence of criminal prosecution of Mr. Sarrazin amounts to a

violation by the State party of articles 2, paragraph 1(d); 4, paragraph (a) and 6, of the Convention, , as the domestic legislation was narrowly interpreted. The Committee notes that the State party disapproves of Mr. Sarrazin’s opinion, however argues that the provisions of its Criminal Code sufficiently translate its obligations to provide effective legal sanctions to combat incitement to racial discrimination and that the State party’s authorities correctly assessed that Mr. Sarrazin’s statements are protected by the right to freedom of expression and do not amount to incitement nor do they qualify segments of the population as inferior. The Committee further notes the State party’s argument that the decisions by its criminal prosecution authorities were neither manifestly arbitrary nor did they amount to a denial of justice and that there was no indication of an increased risk for the petitioner or its members to become victims of future criminal acts.

12.5 The Committee recalls that it is not its role to review the interpretation of facts and national law made by domestic authorities, unless the decisions were manifestly arbitrary or otherwise amounted to a denial of justice.39 Nevertheless, the Committee has to examine whether the statements made by Mr. Sarrazin fall within any of the categories of impugned speech set out in article 4, of the Convention, and if so, whether those statements are protected by the “due regard” provision as it relates to freedom of speech, as well as to whether the decision not to prosecute Mr. Sarrazin was manifestly arbitrary or amounted to a denial of justice.

12.6 The Committee has taken note of the content of Mr. Sarrazin’s statements regarding the Turkish population of Berlin and in particular notes that he states that a large proportion of the Turkish population does not have any productive function except for the fruit and vegetable trade, that they are neither able nor willing to integrate into German society and encourage a collective mentality that is aggressive and ancestral. Mr. Sarrazin uses attributes such as productivity, intelligence and integration to characterise the Turkish population and other immigrant groups. While he uses these attributes in a positive manner for some immigrant groups, for example the East European Jews, he uses them in a negative sense for the Turkish population. He states that the Turks are conquering Germany just like the Kosovars conquered Kosovo: through a higher birth rate and that he would not mind if they were East European Jews with about a 15% higher IQ than the one of Germans. Mr. Sarrazin states that he does not have to accept anybody who lives off the state and rejects this very state, who doesn’t make any effort to reasonably educate their children and constantly produces new little headscarf girls, and claims that this is true for 70% of the Turkish population in Berlin. Mr. Sarrazin also creates an adjective to express his ideas of inferiority of the Turkish population and states that in other segments of the population, including Germans “one can see a “Turkish” problem”. He also states that he would generally prohibit influx of migrants, except for highly qualified individuals and stop providing social welfare for immigrants. The Committee considers that the above statements contain ideas of racial superiority, denying respect as human beings and depicting generalized negative characteristics of the Turkish population, as well as incitement to racial discrimination in order to deny them access to social welfare and speaking about a general prohibition of immigration influx except for highly qualified individuals, within the meaning of article 4 of the Convention.

12.7 Having qualified Mr. Sarrazin’s statements as impugned speech under article 4, of the Convention, the Committee needs to examine if the State party properly assessed that these statements are protected by the “due regard” provision relating to freedom of speech. The Committee recalls its jurisprudence and reiterates that the exercise of the right to freedom of expression carries special duties and responsibilities, in particular the obligation not to disseminate racist ideas. 40 It also observes that article 4 of the Convention codifies the State party’s responsibility to protect the population against incitement to racial hatred but also acts of racial discrimination by dissemination of ideas based upon racial superiority or hatred.41

12.8 While acknowledging the importance of freedom of expression, the Committee considers that Mr. Sarrazin’s statements amounted to dissemination of ideas based upon racial superiority or hatred and contained elements of incitement to racial discrimination in accordance with article 4, paragraph (a) of the Convention. By concentrating on the fact that Mr. Sarrazin’s statements did not amount to incitement of racial hatred and were not capable of disturbing public peace, the State party failed its duty to carry out an effective investigation whether or not Mr. Sarrazin’s statements amounted to dissemination of ideas based upon racial superiority or hatred. The Committee further considers that the criterion of disturbance of public peace, which is taken into consideration in the evaluation if statements reach the threshold of dissemination of ideas based upon racial superiority or hatred, does not adequately translate into domestic legislation the State party’s obligation under article 2, paragraph 1 (d), in particular as neither article 2, paragraph 1 (d), nor article 4 contain such a criterion.

12.9 The Committee therefore concludes that the absence of an effective investigation into the statements by Mr. Sarrazin by the State party amounted to a violation of articles 2, paragraph 1 (d), 4 and 6 of the Convention.

13. In the circumstances, and with reference to its general recommendation No. 31 (2005) on the prevention of racial discrimination in the administration and functioning of the criminal justice system42 and its general recommendation No. 15 (1993) on organized violence based on ethnic origin43, the Committee on the Elimination of Racial Discrimination, acting under article 14, paragraph 7 (a), of the International Convention on the Elimination of All Forms of Racial Discrimination, is of the opinion that the facts as submitted disclose a violation of article 2, paragraph 1 (d), 4 and article 6 of the Convention by the State party.

14. The Committee recommends that the State party review its policy and procedures concerning the prosecution in cases of alleged racial discrimination consisting of dissemination of ideas of superiority over other ethnic groups based on article 4 (a) of the Convention and of incitement to discrimination on such grounds, in the light of its obligations under article 4 of the Convention.44 The State party is also requested to give wide publicity to the Committee’s Opinion, including among prosecutors and judicial bodies.

15. The Committee wishes to receive, within 90 days, information from the State party about the measures taken to give effect to the Committee’s Opinion.

The committee is chaired by a Paki and staffed by the following colourful crew.


Anonymous said...

WTF! Is all I can say. The only thing that man is guilty of is speaking the truth and therefore he must be prosecuted? Help me out here! Please!

Anonymous said...

Have you come across the concept of "white privilege"?

I suspect it's largely an American phenomenon (thank god), but take a look anyway, and prepare to be horrified that people actually believe this:

Talk about a race traitor eh?

Anonymous said...

Read the lets hope...white American. Though agreed that a lot of the lone wolfs a white guys, their reasoning behind their act is somewhat different to say the least than what the Muslims are trying to do. The line wolfs, though perhaps trying to make a statement know that they won't be heard, goatfuckers try to take over the world, are the biggest racists in the world, pedophiles, gay bashers, well just try to destroy everything that's great about living in the free west. Bet the author of the article is Muslim hisself, and likes to rape four year olds.

Anonymous said...

Ps: let's hope the perps who are responsible for the Boston bombings are muslim militants. They wanna build another mosque where I live including minarets from which their screams will be heard, so if they are goatfuckers we might get rid if them with the help of Geert Wilders!

Anonymous said...

Fuck the UN! All they want is put sharia laws throughout the west and recolonize Africa

Anonymous said...

To 15:38 why don't people fact check anymore. Most attacks came from muslims though some were caught in time.



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