Stranded Afghans Await Justice: A Legal Battle Against German Federal Government
"Showcasing Blatant Incorrectness - A Guide for the Misguided"
Potentially upcoming court cases could change the fate of around 2400 Afghan women and men who have been stranded in Pakistan for months despite promises of resettlement from Germany. These promises were made under the federal resettlement program, a plan initiated by the previous administration to bring particularly vulnerable individuals from Afghanistan to Germany before the Taliban takeover. However, the new federal government has halted all resettlement programs, leaving these individuals at risk of deportation back to Afghanistan.
Lawyer Tilmann Röder, head of the NGO Just Peace, has taken on a leading role in the federal resettlement program. He is part of a group now suing the government on behalf of some stranded Afghan women and men. In an interview with ntv.de, Röder discusses the specifics of the legal action and why he believes the federal government's actions are politically motivated.
ntv.de: A wave of lawsuits rolls into the Berlin Administrative Court: In 25 legal proceedings, the entry of Afghan women and men currently in Pakistan is being sought. What are these lawsuits about?
Tilmann Röder: These lawsuits primarily focus on obtaining visas for people in need of protection whose departure to Germany should no longer be obstructed. They have all completed the steps of the federal resettlement program. One of the first plaintiffs, whose lawsuit was filed four weeks ago by lawyer Matthias Lehnert, is a scientist and writer from Afghanistan. She held prominent positions in her country before the Taliban takeover, actively advocated for democracy, and had previously resided in Germany for research purposes. As a politically active woman, she is also particularly at risk from the Taliban. This case serves as an example illustrating the need for the federal government to issue a visa. We firmly believe that the courts will now rule that the federal government must fulfill its promises.
Politics Imminent Litigation: Afghan Refugees Stranded in Pakistan Face Possible Deportation The federal resettlement program was the response of the previous traffic light government to the Taliban's seizure of power in 2021. The program aimed to facilitate legal migration for particularly endangered individuals, without risky escape and centralized control. How were you involved in the process?
I served as the head of case management in the so-called Civil Society Coordination Office in the federal resettlement program. Various organizations and institutions with ties to Afghanistan could propose and review potential candidates for the program. It was our office's responsibility to select particularly endangered Afghan women and men, who were then forwarded to German authorities for further consideration.
Who were these people exactly?
The target category for the federal resettlement program included individuals from civil society who had contributed in various ways to strengthening democracy, rule of law, freedom rights, and human rights in Afghanistan, as well as particularly vulnerable individuals such as women and LGBTQIA+ individuals. Of the approximately 2400 Afghan women and men stranded in Pakistan, around half originated from the federal resettlement program. The remaining individuals came from the local forces procedure, the so-called human rights list, or the transition program. There is a significant legal difference between those originating from the federal resettlement program and others, as the former has better protection against revocation of a residence permit. Only individual cases are possible in these instances.
Politics The Dissolution of All Programs? German Authorities Want to Re-evaluate Each Individual Case - For 'Security' Reasons Despite the fact that these safety checks have already taken place, the federal government is considering reopening such cases. Röder finds it more likely that the government seeks excuses to withdraw the admission offer from those people.
Do you see a political maneuver behind this decision?
From my perspective, the government intends to convey a political message. However, this message is not appropriate for this particular group of individuals. These people embody the values we uphold, such as the rule of law, democracy, freedom, and human rights. They are the very people with whom Germany should uphold solidarity. Additionally, the government has made a legal commitment, albeit not to Minister Baerbock or Minister Faeser, but to the state. Revoking these promises would be concerning, particularly because these individuals have spent extensive resources fleeing Afghanistan and some have even sold their homes. If the federal government betrays this group, it may damage its international reputation.
Amid Uncertainty, Afghan Men and Women in Pakistan Face Harsh Treatment from Pakistani Authorities. What have you learned from these individuals?
Politics The Leipzig Landing: Controversy Surrounds the Arrival of 138 Afghans in Germany The distressing situation these individuals find themselves in is unbearable. If their Pakistani residence permits are not renewed, they risk deportation, making them fearful to leave their accommodations. Despite having shelter and food, they cannot engage in employment or provide education for their children. This has been their circumstance for years in some cases. They are being kept in deplorable conditions, giving the impression that they are trying to break them. However, these individuals will not voluntarily return to Afghanistan, where they remain at risk.
Are there likely to be more lawsuits?
The 25 legal proceedings concern the main individuals involved as well as their family members. Additional lawyers have recently begun preparing their cases, so we expect more lawsuits in the near future.
Interview with Tilmann Röder by Marc Dimpfel
Source: ntv.de
- Afghanistan
- Migration
- Pakistan
- Federal Government
- Taliban
- The lawsuits filed against the German federal government by Tilmann Röder and others focus not only on obtaining visas for stranded Afghan refugees but also extend to employment rights, as they challenge the government's halt of all resettlement programs that once promised job opportunities and a safe haven in Germany.
- As the topic of politics and general-news unfolds, it becomes apparent that the federal resettlement program, initially established to provide employment opportunities for endangered Afghans, is now at the center of a legal battle concerning crime-and-justice; the stranded refugees, who risk deportation and potentially dangerous conditions in Afghanistan, seek justice through these lawsuits to uphold the promises made to them under the employment policy.
