Protection Denied

Presidents' column

Germany risks not only lives but also its credibility as an international partner.

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Co-President of the Heinrich Böll Foundation Imme Scholz on a green background with the words “Get Involved - Presidents' Column”

Ten years ago, Angela Merkel opened Germany’s borders for more refugees than any other European leader. The public discourse has changed dramatically since then. Germany’s current coalition government has vowed to go tough on migration. The German government’s humanitarian admission programmes have recently been suspended for an indefinite period. This suspension covers Sections 22 and 23 of the Residence Act.

This approach comes at a real cost: to human lives, to democratic norms, and to Germany’s place in the world. This is particularly evident in the ongoing political debate about the situation of former local staff from Afghanistan whose previously granted protection in Germany has been suspended.

Following the Taliban's seizure of power in 2021, the German government pledged to accept former local staff in Germany. These individuals were committed to democracy and either worked for or received support from the German government. Many of them are stranded in Pakistan, they had been promised resettlement but instead now face detention and deportation back to Taliban-controlled Afghanistan. They now fear for their lives if they have to return to Afghanistan. 

The experience in Afghanistan has shown that without the support of local staff it is extremely difficult for Germany to pursue its mission abroad effectively. Local staff played a crucial role in the success of security operations, development projects, humanitarian aid and economic ventures. Local staff therefore deserve the utmost respect and recognition. Germany also owes them loyalty and, above all, the necessary protection. 

Proasyl and the partnership network Ortskräfte consider the German government's decision to suspend protection commitments to be unlawful and have filed a lawsuit against Federal Ministers Wadephul and Dobrindt. If Germany does not fulfil its responsibility there will be serious consequences: firstly, on a human level, for those in Pakistan who are waiting for the promise to be kept. And secondly, on a political level, because Germany risks undermining its credibility as a democratic actor at a time when a strong commitment to democracy and human rights is particularly important in the face of multidimensional crises.

Since taking office in May, Germany’s conservative-led coalition has spared no time pushing through a raft of measures designed to “curb migration”. In addition to the termination of the resettlement program for vulnerable Afghans facing persecution by the Taliban they include push-backs at Germany’s borders, temporary suspension of family reunification for people with subsidiary protection status in Germany, and putting on hold Germany’s participation in the UN refugee resettlement scheme

Humanitarian visas 

An important casualty of the new coalition’s anti-migration turn is the quiet shelving of its humanitarian visa programme. This scheme – issued under § 22 of the Residence Act – provides Germany with a powerful tool to, in exceptional cases, admit people facing acute danger when it is in the political interest of the German state. It provided one of the very few legal lifelines available to some of the world’s most vulnerable people – political dissidents, human rights defenders, and those at imminent risk of persecution. Since July, this and other programmes have been frozen, and no new applications are being accepted. For those caught in the gap, the consequences are dire. 

It is not only Afghans who are affected

Russian dissidents and Belarusian human rights defenders, once able to turn to Germany for protection and continuation of their work from exile are left in the authoritarian cold. Human rights organizations have already reported cases of activists exposed to reprisals because the door in Berlin has been slammed shut. With decisions like this, Germany not only loses its leverage in these contexts, but also the credibility of its human rights commitments.

The program was always modest in scale, with applications subject to a heavy review process, and only used in exceptional circumstances squarely – and explicitly – within the political interests of Germany. As of 31st December 2024 – the latest available date – a mere 37,103 individuals benefit from the scheme, the vast majority of which exceptionally comprising Afghan refugees following the 2021 Taliban takeover.

Democratic norms

The government has stated that it is reviewing all resettlement policies. In the meantime, Germany is breaching international and European law. In the case of three Somali refugees that were deported at the German-Polish border, Interior Minister Alexander Dobrindt (CSU) ignored a Berlin court order that ruled these pushbacks illegal. In another case, refugees in Kenya who had received approval for resettlement to Germany through the UNHCR programme, were denied their visas and sent back to the Kakuma refugee camp. 

Foreign policy costs

The government’s decision to suspend these programs is consequential not only for those who depend on them, but also for Germany’s international credibility and reputation. Narrowing humanitarian pathways will not meaningfully reduce asylum applications. What it will do, is send a message to Berlin’s allies and adversaries alike. To repressive governments, it signals that Berlin is open to collaboration. Already, the Taliban are now an uncomfortable partner for Berlin supporting the government to coordinate deportations, while Afghans who worked with German organizations are abandoned across the border in Pakistan. To democracy activists and human rights defenders, it signals that those who share Germany’s purported values cannot count on protection. That message will not go unnoticed. Thankfully, however, legal and diplomatic pressure already forced the coalition to backtrack on its tough talking, and partially resume entry of vulnerable Afghans. But this only happens through concerted civil society action and robust opposition politics. Offering a lifeline to persecuted individuals is not a humanitarian gesture, but should remain rooted in the understanding that Germany’s interests are best served by aligning with those who fight for rights and democracy abroad especially in multilayered crises where democratic actors are globally more challenged than ever. 

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