Denial of safeguard
In a significant shift in immigration policy, the current German coalition government has indefinitely suspended several humanitarian intake programs, a move that has sparked controversy and raised concerns about the country's commitment to supporting persecuted people.
After taking office in May, the coalition quickly implemented a series of measures to 'curb migration'. These included ending the intake program for vulnerable Afghans, introducing pushbacks at the German borders, temporarily suspending family reunification for people with subsidiary protection status, and suspending Germany's participation in the UN refugee intake program.
The humanitarian visa program, according to § 22 Residence Act, has been silently discontinued, affecting acutely endangered people in exceptional cases. This decision has been criticised for breaking binding promises and potentially undermining Germany's credibility as a democratic actor.
The program previously allowed for the intake of political dissidents, human rights defenders, and those immediately threatened by persecution. However, many individuals who were promised entry to Germany now fear imprisonment and deportation back to Taliban-controlled Afghanistan, where they face the threat of death.
By December 31, 2024, only 37,103 people had benefited from this regulation, mainly Afghans who fled after the Taliban took power in 2021. The consequences of not meeting responsibilities towards these individuals are severe, both on a human level for those in Pakistan waiting for their exit, and on a political level, as Germany risks undermining its credibility as a democratic actor.
The suspension of the programs has also been criticised for violating international and European law in some instances. For example, Somali refugees turned away at the German-Polish border and refugees in Kenya who had been granted permission to be taken in by Germany under the UNHCR program but were sent back instead.
Pro Asyl and the Partnership Network for Local Forces have filed a lawsuit against Federal Ministers Wadphul and Dobrindt, claiming the suspension of protection promises is unlawful. The legal and diplomatic pressure has already forced the coalition to partially allow the entry of vulnerable Afghans again, thanks to concerted actions of civil society and strong opposition politics.
The consequences of Germany's actions extend beyond its borders. The restriction of humanitarian access does not significantly reduce the number of asylum applications but sends a clear message to Berlin's allies and opponents, signaling openness for cooperation with repressive governments and a lack of protection for democracy activists and human rights defenders in Germany.
Moreover, the suspension affects sections 22 and 23 of the Residence Act, and it has left many former local employees from Afghanistan, who had worked for the federal government or organizations supported by Germany, currently stuck in Pakistan. This situation has led to criticism that Germany's actions are causing it to lose its influence and credibility among human rights organizations and democracy activists.
Helping persecuted people is not just a humanitarian gesture but an expression of German interest in supporting those who fight for rights and democracy on the ground, at a time when democratic actors worldwide are more challenged than ever. The ongoing legal and political debates surrounding Germany's humanitarian visa program suspension underscore the importance of upholding these commitments.
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