1. Scope
and objectives of the report
1. The present report originates from a motion for a
resolution tabled in June 2011 by Mr Kosachev and other colleagues,
on “Counteraction to manifestations of neo-Nazism and xenophobia”
(
Doc. 12661). Following my appointment as rapporteur in November
2011, two further motions for a resolution were formally included in
my mandate, namely one on “Measures to combat the rising popularity
of right-wing extremism, xenophobia and anti-Semitism in the Council
of Europe's member States” (
Doc. 13103, tabled by Mr Montag and other members of the Assembly
in January 2013) and one on “The rise of neo-Nazi parties in Europe:
the need to develop legal principles to defend pluralist democracy
and human rights” (
Doc.
13332, tabled by Mr Triantafyllos and other members of the
Assembly in October 2013).
2. During the first discussion in the Committee on Political
Affairs and Democracy on the subject of my report, in September
2013, I proposed – and the committee approved – that my report be
limited to the measures to counteract manifestations of neo-Nazism
and avoid reference to the more general problem of xenophobia and
thus duplication of work done by other Council of Europe bodies.
In particular, the European Commission against Racism and Intolerance
(ECRI), a body composed of independent experts, has the special
mandate to monitor problems,
inter alia,
of xenophobia and anti-Semitism in all Council of Europe member
States.
Also,
the Assembly has recently debated the report of Mr Jonas Gunnarsson
on “A Strategy to prevent racism and intolerance in Europe” and
has adopted
Resolution
1967 (2014) and
Recommendation 2032
(2014). I therefore proposed to adapt the title of the report
and limit it to “Counteraction to manifestations of neo-Nazism”.
3. As I also stated to the committee already in September 2013,
the purpose of my report – which would otherwise be too long and
vague – is further limited to presenting examples of good practice
when it comes to measures to prevent people, especially young people,
from joining neo-Nazi organisations (whether political parties,
social movements or subculture groups) and/or measures aiming at
helping people leave such organisations.
4. For the purpose of collecting such good practices, I carried
out fact-finding visits to Greece on 25 and 26 November 2013 and
to Germany from 13 to 15 May 2014. I also planned to carry out a
visit to the Russian Federation but this visit had to be postponed.
I also organised two exchanges of views, one in Paris in September
2013 and one in Stockholm in March 2014, during which participants
presented measures and good practice developed in Sweden and Norway.
A questionnaire had been
sent earlier (April 2012) to all the heads of parliamentary delegations.
5. A further theme was added to my report during my visit to
Germany, namely victim support measures. Indeed, many interlocutors,
notably from civil society groups specialised in the field, convincingly
argued the importance of victim support measures in parallel to
exit measures. If it is undoubtedly important to offer people the
choice of and support in leaving neo-Nazi organisations, it is even
more important to help those who have been victims of neo-Nazis
– and the latter category is apparently larger than the former one.
Also, focusing policies on victims rather than on perpetrators is
highly symbolic.
6. A final exchange of views on anti-Semitism was organised in
Strasbourg in June 2014 in the context of the preparation of this
report, although – as I said – this issue is not the main focus
of the report. As anti-Semitism is a wider scourge than neo-Nazism,
raising specific challenges, I believe that a separate Assembly report
should specifically deal with anti-Semitism.
7. I wish to make clear that my report does not intend to describe
or analyse the situation with respect to the presence of neo-Nazi
parties or organisations in all or some Council of Europe member
States or refer to one or another particular neo-Nazi party in Europe.
My report is on “counteraction”, namely measures to combat neo-Nazism,
and, as I explained above, my particular focus is on preventive,
exit and victim assistance measures. By presenting examples of good
practice which can inspire governments, parliaments as well as civil
society in all member States, I wish to contribute constructively
and practically to the fight against neo-Nazism in Europe, rather
than engaging in any specific country analysis.
8. As regards my visits to Greece and Germany, aimed precisely
at collecting good practices and not discussing the individual situation
in any of these two countries, they were both most efficiently organised
by the respective Chairpersons of the Greek and German parliamentary
delegations to the Parliamentary Assembly, Ms Dora Bakoyannis and
Mr Axel Fischer. I am also particularly grateful to the Secretaries
of the two delegations, namely Ms Voula Syrigos and Mr Michael Hilger.
Both visits included all the meetings I had suggested, with both
authorities and civil society representatives.
9. Regarding my visit to Greece, I would mention as a particular
highlight my meeting with the Minister of Public Order and Citizen
Protection, Mr Nikolaos Dendias, who is our former colleague in
the Assembly and former Chairperson of the Migration Committee.
He was a key person to meet as he has been instrumental in the recent
criminal prosecutions launched against leaders and members of the
“Golden Dawn”, the Greek neo-Nazi political party. I am also grateful
to the Speaker of the Hellenic Parliament, our former colleague,
Mr Vangelis Meimarakis, who despite his heavy schedule received
me at the parliament. The meeting with the Mayor of Athens, Mr Yiorgos
Kaminis, former Ombudsperson of Greece, as well as with the two
Deputy Ombudspersons of Greece, Mr Vassilis Karidis and Mr George
Moschos, were also particularly informative.
10. As regards my visit to Germany, I was particularly happy to
exchange views with various representatives of the authorities,
including our colleague in the Bundestag, Dr Ute Finckh-Krämer,
as well as civil society representatives in Berlin, at both federal
and Land level, but also in
Potsdam, the capital of the Land of Brandenburg,
and in Schwerin, the capital of the Land of
Mecklenburg-Vorpommern, one of the two Länder which
count members of the National Democratic Party of Germany (NPD)
among the MPs of their parliaments (together with Saxony). I am
grateful to Dr Hans-Georg Maaßen, Director of the Federal Office
for the Protection of the Constitution, for a particularly interesting
discussion, including on issues of terminology and definition.
2. Defining neo-Nazism
11. How can one define neo-Nazism? For the purpose of
my report, I would like to share the definition that Dr Hans-Georg
Maaßen proposed to me, made mainly by reference to ideology or set
of beliefs.
12. The basis and constant reference point for the neo-Nazi scene
is historical National Socialism with its characteristic ideological
elements of racism, anti-Semitism, social Darwinism, chauvinism
and anti-pluralism. The Neo-Nazis' goal is an ethnically homogeneous
dictatorial State. In the “national community” which they seek to
establish and which excludes people from other cultures and those
who are described as “worthless” because of disabilities, sexual
orientation or social marginalisation, there is no room for individual
rights, diversity of opinion or pluralism. Individuals are supposed
to submit to the preordained general will. Historical facts are
reinterpreted in a revisionist manner up to and including Holocaust
denial. From the point of view of neo-Nazis, ethnic diversity and
a pluralist society threaten the existence of their own people.
Constitutional democracy as a whole is rejected as an “occupying
regime”.
13. Neo-Nazism, also referred to as “right-wing extremism”, is
thus to be distinguished from other forms of the radical right,
including racist, nationalist, xenophobic or populist parties or
movements, which do not embrace the ideology of National Socialism
(fascism). The rise of such parties in several member States, including
their presence in parliament, at national or European level, or
even in government coalitions, is an extremely worrying development,
referred to in the ECRI 2013 Annual Report as one of the main trends
in 2013.
However, to
the extent that such parties cannot be defined as neo-Nazi, they
fall outside the scope of the present report.
14. In spite of a shared basic ideology, the neo-Nazi scene is
not homogeneous, with elements of ideology varying within the different
groups of individuals. Especially among younger neo-Nazis, world
views are dominated by anti-American, anti-capitalist and anti-imperialist
– and hence also to some extent anti-globalisation – attitudes.
The scene ranges from groups of a kind of subculture through to
an increasing number of groupings which are open to ideological
variants of National Socialism and the adoption of new forms of behaviour,
to activists and groups which continue to seek the restoration of
historical National Socialism. It should also be stressed that neo-Nazism
often lays dormant in society until the right conditions for emergence come
about, for instance economic or social crisis conditions.
15. From the viewpoint of organisation, one can in general terms
distinguish three main categories: a) groups that try to win public
office, organising themselves through political parties and electoral
campaigns; b) groups that do not nominate candidates for public
office but rather try to mobilise support through larger social
movements with which they identify; c) smaller groups or subculture
milieus which operate relatively independently from parties and
larger social movements, are not formally organised and are usually
more inclined to use violence.
16. As regards the targets of neo-Nazis, these typically include
foreigners, including migrants and asylum seekers, Jews, Roma, homosexuals,
representatives of the State (police officers, judges, public prosecutors) and
often also journalists.
17. In more recent years, Neo-Nazism has taken on many different
shapes and forms. The days of the “typical Nazi-skinhead”, easily
identifiable, are long gone. Strategies of neo-Nazi activists in
the public arena are becoming increasingly sophisticated.
18. Some other factors have also changed. For instance, in a worrying
development, the number of neo-Nazi women has recently increased
significantly. The phenomenon of entire neo-Nazi families is also increasing.
19. Neo-Nazis also try to inject their ideology into apparently
harmless contexts, thus working on socially or politically relevant
issues without revealing their political background. Such issues
are for instance campaigns against child abuse, practical solidarity
to elderly persons or victims of flooding, environmental issues,
etc.
20. Right-wing extremists try to disseminate their ideology by
using demonstrations and concerts. Music with right-wing extremist
lyrics continues to play an important role, serving in particular
to recruit new supporters, strengthen identification with the milieu
and mobilise public demonstrations.
21. Neo-Nazis increasingly use the Internet as the main platform
for dissemination of propaganda, communication and co-ordination
worldwide.
22. Finally, I would like to underline that assessing the appeal
of neo-Nazism on the basis of electoral results alone can be misleading.
In some member States, election results of neo-Nazi parties may
be low, but neo-Nazi attitudes may be quite widespread through the
general population. Non-partisan manifestations of neo-Nazism can
be equally or even more dangerous than the rise of neo-Nazi parties,
as the former can escape public attention and State control easier
than the latter.
23. This fact has been dramatically demonstrated for instance
by the politically motivated mass murders committed on 22 July 2011
in Oslo and on the island of Utøya in Norway by an individual who
was not an active member of any extremist group, or the series of
anti-immigrant murders committed in the early 2000s by the German
terrorist group “National Socialist Underground” (NSU), uncovered
only in November 2011. In Germany, election results of the neo-Nazi
NPD remain weak and in Norway even the number of individual right-wing
extremists is low in comparison to most other European countries.
On the other hand, in countries where neo-Nazi parties have recently
gained important electoral support, such as the case of Golden Dawn
in Greece, this does not necessarily correspond to ideological grounds;
at least for a large percentage of voters, it can be rather interpreted
as an expression of popular disappointment and protest against harsh,
albeit probably necessary, austerity measures and increasing unemployment
(having reached up to 60% among the young people), following consecutive
years of economic recession, as well the result of frustration following consecutive
governments' failure to implement adequate migration policies. It
is thus clear that the discussion over the counteraction of neo-Nazism
cannot be limited only to political parties, but must embrace all
spheres of society.
3. Focus on prevention
24. I firmly believe that in the fight against neo-Nazism
the focus should be on prevention, rather than on repression. The
identification of early signals should allow for timely action against
radicalisation.
25. My interlocutors in Germany, as well as government representatives
from Norway and Sweden who participated at the committee hearing
in Stockholm, shared their country’s experience in preventive action. Relevant
strategies include national action plans and programmes, community
action, preventive policing, educational projects and civil society
initiatives. Some examples are listed below.
3.1. National action
plans and programmes
26. Our interlocutors in Berlin informed us about several
plans, programmes and strategies which are being implemented at
both federal and Land level
to prevent and combat extreme right-wing, xenophobic and neo-Nazi
ideologies, as well as informing us about the institutions involved.
Focus is put on prevention rather than on sentencing, as, in the
fight against right-wing extremism, repression and sentencing alone
are not considered to be the most effective means. In this respect,
federal and Land authorities rely largely on civil society. Federal
programmes such as Civitas, XENOS and Entimon were developed to
subsidise, by public funds, activities with civil society aimed
at preventing right-wing extremism and developing a democratic culture of
tolerance.
27. In the Land of Berlin,
an integrated cross-cutting plan to strengthen a democratic urban
culture has been implemented since 2008. “Democracy – Diversity
– Respect: The Berlin Land Plan
against Right-Wing Extremism, Racism and Anti-Semitism” provides
a framework for civil society initiatives and Land institutions. The
overall objective is the vision of a cosmopolitan city of diversity,
respect and human dignity, marked by a culture of mutual recognition
and antidiscrimination.
28. In Greece, representatives of the General Secretariat of Youth
presented to me policies and programmes aimed at combating discrimination,
violence and fascism. Thus the IRIS project “Combating Stereotypes
and Discrimination: actions promoting Participation, Inclusion and
Diversity” was designed as a partnership between public institutional
bodies and civil society with the aim of working in synergy so as
to ensure maximum impact and to capitalise on experience already
gained from working in the field of combating discrimination.
29. In Norway, a new action plan against violent extremism was
presented in May this year. It focuses on spreading knowledge about
the phenomena and informing municipalities of good practice to face
the relevant challenges. Inspired by a Finnish precedent, it also
aims to combat threats online and the use of Internet as an arena
of radicalisation.
30. In Sweden, following several years of research on violent
extremism, the first National Action Plan to Safeguard Democracy
from Violence-Promoting Extremism was launched in 2011. Having mobilised
65 million Swedish kronor (some 8 million euros) over a two-year
period (2012-2014), the action plan focuses on prevention, identification
of early signals of radicalisation and enhanced co-operation as
well as support for leaving extremist groups. It aims to engage
civil society, faith-based communities, schools, social services
and law enforcement, as well as to promote research and in-depth
international co-operation. Minister Ohlsson, who launched this
Action Plan, told us that her further objective was to improve national
and local co-ordination regarding preventive work and establish,
for this purpose, a national co-ordinator responsible for the continued prevention
of all forms of violence-promoting extremism.
3.2. Community strategies
and preventive policing
31. All our interlocutors in Germany, as well as the
Norwegian and Swedish participants in the committee’s exchange of
views, insisted on the importance of timely reaction by the entire
community to combat and more effectively prevent extreme right-wing
violence and/or the emergence of a new neo-Nazi group in a municipality or
region. Participants in this process may include the police, but
also schools, childcare services, mayors and relevant municipal
departments, voluntary organisations, churches, victim support groups
and representatives from the youth population (youth and sports
clubs). Experience has shown that when not counteracted in a timely
manner by the police and the various societal actors together, the
problem may spin rapidly out of control. Some successful examples
are given below.
32. In Germany, in the Land of
Mecklenburg-Vorpommern (one of the two Länder where
the neo-Nazi NPD party is represented in parliament), a double strategy
of prevention and repression is being implemented through the Land programme “Jointly promoting
democracy and Tolerance”. We were told that, in a welcome development,
mayors increasingly assume a central role in the promotion of democratic
values and in the fight against extremist tendencies; they often
function as key figures in local action committees and are active
in networks. Action against right-wing extremism is jointly promoted
by various societal actors, such as churches, trade unions, the
Federation of Business Associations or the tourism board. All these
societal actors further co-operate with the police, prosecutors,
and regional centres in regional counselling networks. The areas
where further action is recommended by the Land government
include: the development of sustainable civil society structures
in the economically underdeveloped regions of the Land, especially in rural areas;
political and civic education within and outside schools; the strengthening
of democratic offers at the municipal level (municipal prevention
committees, etc.) and the further training of leaders at the municipal
level in facing right-wing extremist challenges.
33. In Potsdam, capital of the
Land of
Brandenburg, our interlocutors informed us of the success of the
so-called “Brandenburg model” to combat extreme right-wing violence
and hate crimes.
A
combination of specially trained, proactive and sensitised police
officers employing innovative social strategies, committed prosecution
agencies and preventive public policies has led to the decline of
violent crimes in the
Land which in
the past had experienced the highest rate of homicides related to
extreme right or racist attacks. “Special mobile units against violence
and anti-foreigner violence” (MEGA) ensure a primarily preventive
function, implementing effective independent intelligence and systematically
collecting and exchanging all kinds of information on members of
the extreme-right milieu, its gathering points, organising patterns
and structures.
34. Among the lessons to be learnt from Brandenburg is that when
dealing with extreme right-wing violence, especially by adolescents,
it is important to act quickly. Accelerated prosecution by special
prosecution departments and close co-operation between prosecutors,
judges, police officers and investigators facilitate quick arraignments.
This has a deterrent effect as well. Police co-operation with families
of offenders and civil society networks has also been developed.
Police forces support and co-ordinate crime prevention actions and measures
against violence in local forums promoting tolerance and within
other civil society initiatives. The representatives of the Action
Alliance against Violence, Right-Wing Extremism and Xenophobia in Brandenburg
told us that the network brings together representatives of sport
and youth clubs, school directors, judges, trade unions, churches,
non-governmental organisations (NGOs), refugee councils and victim
support groups. When it started operating back in 1997, the Land administration also participated.
As it proved difficult to reach consensus on all matters, the Land administration later left but
continued to fund the network. What is even more important, the Land authorities have given high
priority to the prosecution of crimes related to the extreme right
and have not tried to play down the problem, thus providing a clear
political mandate to both the police and the relevant civil society
initiatives.
35. Similar examples can be drawn from experience in Norway where
preventive policing has,
inter alia, played
a major role in responding to violent and extremist groups. It is
in particular worth mentioning the “empowerment conversation” tool
which has been run by local preventive police officers in Norway
since 1998: both the young person (under 18 years old) and his or
her parents are obliged by law to meet at the police station if
the police are informed that the individual is engaged in unlawful
activity. During such “conversations”, the young person and his
or her parents are informed of what he or she is about to enter
and how this may destroy his or her future. The local police officers
seek dialogue with minors who have not yet committed any criminal
offence and they offer help to get the minor out of the extremist
and/or criminal environment if the person is motivated to do so.
In the latter case, the police can also seek the assistance of the
municipal services. The warning and the access to help that it enables
often suffice to dissuade some young people from joining or staying
in violent or extremist milieus.
36. Experience in Norway has also shown that the formation of
parents groups can be useful. On the one hand, many new recruits
to extremist groups are still young enough to listen to what their
parents say, especially when such groups establish common reasonable
rules governing their children's attire, music and outdoor activities.
On the other hand, in forming such groups parents can support each
other in their resolve not to turn their backs on their children,
even those who adopt offensive attitudes or even commit violent crimes.
If rejected by their parents, children will have no other alternative
than to seek care and attention from members of extremist groups.
An outsider with appropriate knowledge and experience will normally
assist parental groups as a facilitator. Moreover, experience in
Norway has shown that parents' mobilisation as “night walkers” can
prevent violence.
3.3. Education for democratic
citizenship and awareness-raising measures in schools
37. Education in schools is considered as one of the
most efficient tools to prevent and combat right-wing extremism
by fostering democracy and tolerance. This is the more so as statistics
show that the majority of youngsters who join extremist groups do
so in their early teens or even before. It is also to be noted that
neo-Nazi parties tend to develop programmes and structures that
specifically target children, below the voting age, at schools or
holiday camps. Therefore, the role of schools is extremely important,
in particular in signalling the unacceptability of ideologies that
dehumanise immigrants, refugees, Jews, Roma or homosexuals, thereby delegitimising
violence against them.
38. Studies have shown that there is a clear correlation between
students' attitudes and the number of lessons dedicated to democracy
and human rights. In other words, when it comes to attitudes, it
really matters how much a student has worked on issues such as human
rights within a historic context.
39. Thus, for instance, during our visit to Germany we were informed
that in all types of schools in Berlin, awareness-raising measures
introduce pupils to democratic values and attitudes from a very
young age and enable them to stand up for them. They are carried
out in the classroom and in specific projects for the various age
groups. Measures are also designed to help parents actively support
their children with learning. For children, they provide guidance
and help them to take control of their own learning processes.
40. Education for democratic citizenship starts in primary school
for children as of 5 years old and covers a range of areas, including
human rights and peace education, the prevention of violence, gender
equality education, intercultural education and social learning,
with a view to tackling antidemocratic ideologies such as right-wing
extremism and anti-Semitism. The pupils develop skills for living
together in tolerance and for a democratic communication culture,
for instance through the establishment of class councils, school parliaments
and forms of co-operative learning and mediation. The main projects
in primary schools are “Hands for Kids” and in secondary schools
“Hands across the Campus”.
41. Technical reports of the Berlin Department for Education,
Youth and Science, in co-operation with the Berlin-Brandenburg Institute
for Education and Media, regularly inform teachers about relevant
topics, such as: “Strengthening democracy – Combating right-wing
extremism”, “Action! Combating Nazis” and “Respect: School classes
sign the Berlin Commitment”.
42. Similarly, in Norway, education in citizenship in schools
is expected to prevent radicalisation. Schools educate students
in the values of democracy, teaching them to interact with one another
in a respectful way and enabling them to develop multicultural understanding,
ethnical sensitivity and social competence. Also, the Benjamin Award
(named after young Benjamin Hermasen, victim of a racist murder
in 2001) is given each year to a school that has made a great effort
to carry out anti-racist and anti-discriminatory work.
43. In Sweden, the 2011 national action plan has provided, among
other things, for 22 workshops for classroom use on democracy, tolerance
and human rights. Discussions focus on values, norms and group pressure.
44. A particular project developed in the municipality of Kungälv
in Sweden, the “Tolerance Project”, was presented to the committee
during the meeting in Stockholm by Mr Christer Mattsson, Head of
Department from the municipality and a teacher. The project, commonly
known as the “Kungälv model”, is a teaching method that can be practised
at school and is addressed at young people with an intolerant world
view. It is a long-term project that was initiated in 1995 following
the brutal murder of a 14-year old boy in Kungälv by four neo-Nazis.
A key feature of the Tolerance Project is that it is forward-looking.
It is implemented alongside regular education, focusing on good
results in schoolwork, since completing the compulsory nine-year
school system and continuing on to upper secondary school is a motivation
to leave destructive environments. Students with widely different
backgrounds sit down together, and get to explore human coexistence
and gain an understanding of the value of participating in a democratic
community with the help of teaching and reflection. Thus, the Kungälv
model results in increased tolerance and reduces racism and intolerant
attitudes among young people in the municipality.
45. Mr Mattsson explained how influential the trips are that the
students undertake to the concentration camps in Auschwitz in the
framework of the project. They normally change their world view
afterwards. I particularly wish to refer to Mr Mattsson’s words
when he said that what mattered really was not necessarily to convince
young people of democratic values; we simply need to “plant the
seed of doubt”. The success of the project is proven by the fact
that, whereas Nazi groupings had existed in Kungälv since before
the Second World War, no neo-Nazi recruitment exists today in the
municipality, unlike in neighbouring municipalities.
46. In Greece, the two Deputy Ombudspersons I met insisted on
the importance of education for democratic citizenship and human
rights awareness, for both pupils and parents, as well as on the
need to train teachers in the fight against neo-Nazism, especially
as Golden Dawn members are very active at schools.
4. Examples of civil
society initiatives to prevent or combat neo-Nazism
4.1. The Mobile Counselling
Team against Right-wing Extremism in Berlin (MBR)
47. Since 2001, the Mobile Counselling Team against Right-wing
Extremism (MBR – Mobile Beratung gegen
Rechtsextremismus in Berlin) has been offering counsel
and support to anyone in Berlin willing or needing to become active
against right-wing extremism, racism and anti-Semitism. The team's
sense of mobility refers to its readiness to meet the people that
ask for support in the places they work or live. Thus, their added
value is that they place themselves and the process of counselling
and consultation in the everyday reality of those already committed
or those willing to become involved. Typical client groups of the
MBR have been youth groups (especially those targeted by extreme
right-wing violence and dominance), citizen's action groups, NGOs,
teachers, social workers, as well as civic authorities and politicians
at the municipal and federal Land level.
The MBR also works with landlords and has drafted model terms for
contracts so as to avoid renting property to neo-Nazi organisations.
48. The motivation to act against discriminatory and anti-democratic
tendencies depends on the extent to which people are aware of such
problems, be it within their immediate surroundings or throughout
society. The purpose and long-term goal of the work is to drive
back right-wing extremism by defending democratic ideals and nurturing
a democratic culture in the local arena and everyday life. Thus,
the MBR supports democratic youth culture in Berlin's periphery
and works with a number of self-organised youth groups. City districts
that have benefited from the support of the MBR have established
lasting community action networks. People have learnt how to keep
an eye on the local situation and are able to act promptly, nipping
neo-Nazi activities in the bud.
4.2. The ENDSTATION
RECHTS initiative and the Stork Heinar project in Mecklenburg-Vorpommern
49. When the NPD entered the first German Land parliament after the elections
in Saxony in 2004, German society was caught by surprise. For the Land elections in Mecklenburg-Vorpommern
in 2006, a second electoral success of the NPD was expected. In
reaction to the aggressive propaganda of the NPD, fuelled mainly
by xenophobia, the Social Democratic Youth founded the initiative
“ENDSTATION RECHTS” (“final destination right”) which focused on
an anti-NPD campaign dealing with slogans and ideology of the neo-Nazi party
and delivering information about the candidates. Following the electoral
success of the NPD (which obtained 7,3% and entered the Land parliament), ENDSTATION RECHTS
was transformed into an online news portal which provides up-to-date
information about modern extremist strategies and activities and additionally
about ongoing counter-measures.
50. “Stork Heinar” (Storch Heinar)
is a specific project run by volunteers and financed by private
donations. It was developed in 2008 as a reaction to the ongoing
success of the clothing company “Thor Steinar”, which was (and is)
very popular with people on the extreme right edge of society and
plays on Nordic mythology as well as on the name of SS General Felix
Steiner (“Division Thor Steinar”). The goal was to establish a humorous
democratic counteroffer that satirises neo-Nazi slogans and raises
awareness of the subcultural racist, xenophobic, homophobic or revisionist
tendencies expressed by wearing certain clothing and listening to
certain music. These lifestyle elements are often used by extreme
right-wing ideologists in order to recruit new followers and commit
them to their anti-participatory world view. Thus, Stork Heinar
started as a parody of Nazi-ideology. Using irony, the stork has
established itself as a stereotype figure in the fight against neo-Nazis.
51. On Facebook, “Stork Heinar” has over 85 000 followers. Meanwhile,
a person in a costume of the stork accompanied by a pseudo militarily
costumed brass band brings actions against neo-Nazis to the streets, playing
march music with fun texts. In the ongoing fight against neo-Nazism
and racism, irony seems to be one of the sharpest swords one can
lead into battle. Right-wing extremists seem unable to deal with
this approach.
52. Stork Heinar's main goal is to attract, inspire and develop
democratic participation – especially among younger people – by
giving reliable information about current neo-Nazi strategies and
offering everyday possibilities for taking up a democratic attitude
and rejecting neo-Nazi propaganda, for instance by simply wearing
a “Stork Heinar” shirt or “decorating” neo-Nazi posters with “Heinar”
stickers. It can thus attract to the struggle for democracy young
people who would otherwise be indifferent or unwilling to join a
party or a long-term initiative. Its experience with schools also
shows that younger people can be more attracted to democratic ideals
simply through a different educational approach, one based on parody
and satire, humour and creativity.
53. During my visit to Schwerin, I saw how Stork Heinar posters
put up right next to NPD posters would dilute the neo-Nazi message
and demonstrate its absurdity. I was happy to hear that following
the local elections in the Mecklenburg-Vorpommern Land at the end of May 2014, the
NPD lost 35% of its seats in municipal councils.
5. Law enforcement
and effective implementation of laws on hate crime and hate speech
54. In the fight against neo-Nazism, efficient co-operation
and co-ordination between the various law- enforcement bodies is
crucial.
55. For example, our interlocutors in Berlin told us that close
co-operation between the offices for the protection of the Constitution
(intelligence services) and the police was instrumental in the Federal
Public Prosecutor's decision to initiate several investigations
on suspicion of forming a terrorist organisation.
56. According to the 2013 Annual Report on the Protection of the
Constitution, the challenge for the intelligence services is to
“identify those who may be about to take to heart the motto of the
NSU: 'deeds not words'” and this within a milieu made up of “persons
espousing irrational arguments, violent fantasies and apocalyptic
images”. Similarly, the Norwegian Police Security Service's Annual
Threat Assessment of 2013, after noting that extreme right-wing
groups are still small and consist of loose networks, argues that
the main challenge is to identify the potential extremists who are
not part of the organised far right (similar to Breivik), as such
individuals are difficult to detect.
57. With reference to the NSU case, our interlocutors in Berlin
referred to the 1 000-page report of the special parliamentary enquiry
committee on the NSU which was published in December 2013 and inter alia insisted on the need
for more efficient co-operation and co-ordination between the various
law-enforcement bodies. The Chief of Police in Berlin, Mr Klaus
Kandt, and the Director of the Office for the Protection of the Constitution,
Mr Bernd Palenda, told us that many lessons had been drawn from
the NSU case.
58. At the same time, the representative of the Land of Berlin drew attention to
the difficulty in striking the right balance between the need to
protect the freedom of expression and the right to privacy (data
protection) of extremists and the fundamental rights of democratic
groups which wished to react and, for instance, prevent or block
manifestations organised by the extremists.
59. Effective and strict implementation of legislation on hate
crime and hate speech is also an indispensable tool in combating
neo-Nazism. But relevant laws, even if they exist in most Council
of Europe member States, are not effectively implemented in all
of them. Failure in implementing effectively such laws may not only
result from lack of political will but may be simply due to lack
of knowledge and experience in identifying crimes with a racist
background; special training on hate crime and hate speech is therefore
necessary for judges, prosecutors and the police.
60. Mr Gunnarsson's report on “A strategy to prevent racism and
intolerance in Europe” (
Doc.
13385) contains an in-depth analysis of the concepts of hate
crime and hate speech, as well as an overview of the relevant case
law of the European Court of Human Rights, work done by other Council
of Europe bodies, notably ECRI, and information from the ground.
I refer to
Resolution
1967 (2014) for specific recommendations to the member States in
the fight against hate crime and hate speech.
61. For my part, I wish to stress that, to reinforce the deterrent
effect of action by the law-enforcement bodies, individual sanctions
should be accompanied by a clear message delivered by politicians
and independent institutions, such as Human Rights Ombudspersons,
but also civil society organisations and the media (including social
media) that hate crime and hate speech cannot be tolerated in a
democratic State based on the rule of law. The whole of society
must react at an early stage, before such phenomena get out of proportion
and cannot be controlled. Many of my interlocutors in Greece have
for instance argued that the hate crimes and numerous manifestations
of hate speech committed by MPs and supporters of the Golden Dawn would
not have taken place if both the State and society as a whole had
reacted at an early stage.
62. Following an initiative by the youth activists involved in
the Council of Europe's No Hate Speech Movement (see below), a petition
has been launched for making 22 July the European Day for Victims
of Hate Crime
. The petition is addressed to national
parliamentarians, including members of the Parliamentary Assembly,
and members of the European Parliament. The initiative has recently
received the support of the National Support Group for the victims
of the 22 July attacks in Norway as well as of several ministries
and other bodies. As stated in the petition, which has so far received
more than 3 500 signatures, the initiative aims at remembering victims
of hate crime and those who have lost their lives in such attacks,
showing solidarity towards those targeted, raising awareness and
educating the general public about hate crime and its consequences
on society. I personally believe this initiative is excellent and
should receive the full support of our Assembly.
6. Combating neo-Nazi
hate speech online
63. The Internet is increasingly used by right-wing extremists
as a communication platform and for the purpose of disseminating
extremist propaganda, but also for co- activities. The Internet
guarantees rapid dissemination and enormous reach coupled with extensive
creative freedom. Material can be published anonymously; therefore
extremist opinions are expressed openly and unashamedly.
64. The online manifestation of hate speech makes it more difficult
to monitor, measure and counter. It is also difficult to estimate
and monitor its impact as a lot of it happens in an individual way
and sometimes also anonymously. The impact is usually noticed only
when the damage is already done, especially in the case of children
and young people who are targets of hate speech combined with cyberbullying.
65. Online hate speech raises specific challenges for police and
intelligence services who need to get online and involved in dialogue
to try to identify people who are radicalised or in the process
of radicalisation. Let's not forget, for instance, that the Internet
played a central role in both Anders Breivik's radicalisation process and
the actual planning of his offences.
66. But beyond policing online, awareness-raising measures and
education in combating and preventing the consequences of hate speech
are necessary. Children and young people need to be educated as
to their civic responsibilities online, as well as offline. It is
also important that citizenship and human rights education programmes
consider also the online dimensions of hate speech.
67. The Council of Europe is concretely contributing in the fight
against online hate speech through its No Hate Speech Campaign.
I will refer briefly to the campaign as I believe that it is of
crucial relevance in the counteraction to neo-Nazism and merits
the full support of the Parliamentary Assembly and all member States.
6.1. The Council of
Europe's No Hate Speech Campaign
68. The No Hate Speech Movement is a Europe-wide campaign,
devised by young people in the Council of Europe, to raise awareness
of hate speech online and to combat it. A campaign of campaigns,
the No Hate Speech Movement has national campaigns growing all across
Europe involving young people online and offline, with a special
focus on human rights education, including in schools. Its goal
is to make the Internet a safe space for human rights for everyone,
everywhere.
69. The campaign seeks to reduce the acceptance of hate speech
online as “normal” and inevitable. Awareness-raising is the very
first step. With that comes the mobilisation of public authorities
and civil society to take action and to call for action. It is particularly
targeting school communities and has developed an educational manual
– “Bookmarks”. It also offers the possibility for young people to
build their own projects, act as peer educators and develop an ownership
of the Internet space. In addition to education, it is also calling for
ways to monitor and respond to online hate speech at national level
(as there needs to be a contextualisation of the responses).
70. Launched on 22 March 2013, the campaign will run through until
the end of March 2015. It is now being implemented in 39 member
States.
The campaign has highlighted that
there is a need for clear normative guidelines for combating hate
speech at national and European level.
71. I believe that we should support its implementation in all
member States and also call for voluntary contributions as funding
is lacking. Involving parliamentarians at the national level in
the national campaign committees would also be a great added value.
72. In this respect, it is worth noting that a No Hate Parliamentary
Alliance has been proposed by our Committee on Equality and Non-Discrimination
as a follow-up to Assembly
Resolution
1967 (2014) on a strategy to prevent racism and intolerance in Europe.
The proposed Alliance will consist of a network of parliamentarians
committed to undertaking a firm and proactive stand against racism,
hatred and intolerance and to participating in a number of activities
in their respective countries. A Charter of commitments for membership
has been approved which each member should agree to and sign upon
joining the Alliance. The Charter includes a commitment to support
and participate in the work of the national committees of the Council of
Europe “No Hate Speech Movement”.
For my part,
I wish to call for support of the proposed Alliance and encourage
colleagues to join and support its activities.
6.2. The Amadeu Antonio
Foundation and the “No-nazi.net” project
73. “No-nazi.net” is a model project operating since
2011 mostly at a national level, under the umbrella of the Amadeu
Antonio Foundation
in Berlin. It is based on
the simple understanding of the importance of the Internet for young
people and also the knowledge that the web is the main platform
for right-wing extremist propaganda. A team of five people regularly
monitor what is happening in the right-wing extremist milieu in Germany
and internationally, and support a network of volunteers who monitor
and combat hate speech online. Furthermore, they develop and test
educational tools and modules for online education in human rights
and democratic values to find, train and support young activists
online. Among these tools, one can find blogs, videos, graphics,
quizzes, texts, links, etc. Most of them are available for the short-term
but are aimed at a long-term engagement of the young activists,
and supporting them on a long-term basis.
74. The team tries to make contact with young people on the Internet
who show signs of a radicalisation process in the way they express
themselves. In contrast to traditional offline pedagogical work,
the No-nazi.net project faces the challenge of establishing a link
with its target audience, in the absence of face-to-face communication.
In addition to the work with young people, they have established
a strong partnership with companies and organisations like Facebook,
Google and smaller national providers in Germany. Many teachers
and youth workers use their material to learn more and teach others
about right-wing extremism and other forms of group-focused enmity
online.
75. The Amadeu Antonio Foundation is in contact with the Council
of Europe Youth Department (responsible for the European Campaign
“No Hate Speech Movement”).
7. Combating anti-Semitism
76. During the hearing on anti-Semitism which we held
in Strasbourg in June 2014, a month after the tragic murder of four
Jews in the Jewish museum in Brussels, Dr Gideon Botsch, from the
Moses Mendelssohn Centre for European Jewish Studies at the University
of Potsdam in Germany, referred
inter
alia to the specific challenges raised by anti-Semitism
in the context of radical nationalism and xenophobic right-wing extremism
. Neo-Nazi organisations in particular,
but also other right-wing groups, regularly propagate militant anti-Semitism,
which can also be expressed in anti-Jewish slogans, damage to Jewish
property and violent assault. Some such anti-Semitic nationalist
groups are now even represented in the European Parliament. There
are also youth subcultures – for example in certain football fan
circles or music scenes – in which anti-Semitic lyrics or songs
or anti-Semitic symbols are very common. This radical, nationalist
anti-Semitism provides the basis for the denial or relativisation
of the National Socialist murder operations against the Jews during
the Second World War.
77. Dr Botsch underlined inter alia that
hostile anti-Semitic acts are more frequent when Arab-Israeli tensions
in the Middle East increase – with the tragic climax in the so-called
Second Intifada in the early 2000s, but also in the context of military
conflict in the Lebanon, in the Gaza Strip, etc. This trend seems
to have been confirmed following the recent escalation of the conflict
between Israel and Palestinians in Gaza as reports from a number
of European countries indicate a rise in attacks against Jews in
the last couple of months. Such attacks and hostile acts are, as
a general rule, unprovoked, and are more frequently directed against
the Jewish community or individual Jews than against the institutions
of the State of Israel.
78. In the context of both the positive and negative experiences
in countering right-wing extremism, which the Moses Mendelssohn
Centre has been studying, and by taking as example the German federal Land of Brandenburg (see also above),
Dr Botsch suggested the following action for combating anti-Semitism.
79. First, in order for anti-Semitism to be clearly and unequivocally
rejected in politics and society, there must be a consensus against
anti-Semitism. Second, there must be unequivocal solidarity with
the victims of anti-Semitism, which must not be accompanied by any
kind of expression of understanding for the perpetrators. I would
add that this is all the more relevant in the current times of escalation
of tension in the Middle East. Third, there must be an awareness
and recognition of anti-Semitism as a social and political problem
for Europe, at all levels and in all of its forms. Fourth, the problem
must also be regularly and comprehensively documented and empirically
researched, and the results should be published in regular reports.
Fifth, co-ordinated and decisive measures are required to counter
anti-Semitism: through the prevention of anti-Semitic offences and acts
of violence as well as legal, administrative and material penalties;
by promoting civil society's initiatives against anti-Semitism with
the aim of making anti-Semitism, as well as right-wing extremism,
xenophobia and other forms of discrimination, a cross-cutting issue,
and finally, through appropriate educational measures in both a
curricular and non-curricular context as well as in adult education.
8. Measures to protect
victims of neo-Nazism and witnesses
80. As I already mentioned, many of my interlocutors
in Germany insisted that I should pay special attention to the need
to enhance victim support measures. Empowering victims also has
a strong deterrent effect.
81. Six victim support groups in the former East Germany (the
first one was created in Brandenburg) and in Berlin and some smaller
groups in former West Germany have helped several thousands of victims
of right-wing extremism, as well as witnesses in cases which were
eventually brought to court. It must be understood that neo-Nazis
are part of the local society in the regions where they are strong.
They are for instance integrated within local sport clubs. This
is why it is often more difficult for the police to identify them
than for civil society groups. Offering assistance and support to
victims encourages others to speak up and counteract the perception
of impunity.
82. But such civil society initiatives are still dealt with as
“model projects” and lack regular funding. This should be changed
and regular funding should be ensured. It is particularly important
to focus on victims rather than on perpetrators.
83. Among the various examples of victim support structures in
Berlin, one could mention:
- the
Berlin Victims' Commissioner, appointed for the first time in October
2012 with a view, inter alia,
to co-ordinating and improving co-operation between the various
support organisations and also to giving greater political weight
to victims' concerns;
- the ReachOut Victim Counselling Centre, a counselling
centre for victims of right-wing extremist, racist and anti-Semitic
violence in Berlin. Since 2002, it has photographed crime scenes,
published news about attacks and displayed the photographs in exhibitions.
Clients are offered legal expertise and psychological support, as
well as escorts to go to the police or to court. In an interview,
team members speak about this unusual type of publicity work, attacks
in the eastern and western parts of the city and why talking is
the first step to recovery;
- the WEISSER RING e.V., established
in 1976, is the only victim support network operating throughout the
country.
9. Measures to help
people leave neo-Nazi movements: the exit projects
84. The idea of using former participants in the neo-Nazi
scene (“dropouts”) who possess the necessary personal qualities
and motivation to extricate others was launched in Norway in 1997
and adopted the following year in Sweden with the establishment
of EXIT Sweden, staffed by former right-wing extremists. The latter
have helped young people by building personal relationships with
them and have thereby created a network of “defectors for defectors”
(Swedish Crime-Prevention Council, 2011). The Swedish project has
also provided assistance to Norwegian right-wing extremists wanting
to quit the milieu and has also served as an inspiration for similar
efforts in Germany.
85. During our committee meeting in Paris in September 2013, we
had an exchange of views with the Director of the Swedish EXIT project
(EXIT Frysguset). Mr Örell was in his early teens when he became involved
in a white power movement. For him, seeking a sense of belonging,
protection and a sense of purpose, rather than ideological grounds,
are the main reasons why many young people become involved in white
power groups all across the world. Most people leave neo-Nazi or
white power movements before they are adults. Those staying after
they are 20 years old are the main problem. The organisation he
is leading has a wide network, including former members of neo-Nazi
groups and professional social workers. The NGO is engaged in preventive
work, counselling for parents, and helps youngsters disengage from
criminal gangs.
86. Mr Örell insisted on two messages. One addressed to society:
“It is possible to understand and respond to white supremacy environments
if you have proper knowledge of radicalisation and the relational
networks.” The second one addressed to the people in the movement:
“It is possible to get out. Society will take you back. You can
make that change.”
87. During our visit to Berlin, we had a very interesting exchange
of views with Mr Bernd Wagner, criminologist and former police detective,
co-founder (together with former neo-Nazi leader Ingo Hasselbach) of
the federal initiative “Exit-Germany: We provide Ways out of Extremism”
and his collaborators, including Mr
Christian Ernst Weißgerber, a former prominent neo-Nazi who shared
with us his experience in getting in and out of neo-Nazism.
88. Founded in 2000 and the first to start such an endeavour in
Germany, against the backdrop of previous work on right-wing extremism
started already in the 1990s, Exit-Germany is an initiative assisting
individuals who wish to leave extreme right-wing movements and start
a new life. Relying on the values of individual freedom and dignity,
Exit Germany has helped some 500 individuals leave neo-Nazism (“dropouts”).
Only in 12 cases have the persons concerned returned to similar
extremist structures. For Exit-Germany, “Exit is completed after
a critical reflection, reassessment and successful challenge of
the old ideology took place. Exit means more ... than just simply
leaving a party or a group. It is more than changing the aesthetics
of expression or to refrain from violence. An Exit is successful
after the basic ideologies and purposes of the previous actions were
resolved”.
89. To help people turn their back on right-wing extremism, Exit-Germany
conducts personal dialogues and works on the biography of those
who wish to leave and the reasons why they became neo-Nazis. It
offers help in case there is any danger or threat of physical assault
or persecution and, if need be, it also visits “dropouts” in prisons
and works together with them to resolve their old world views and
to reassess their past, including any committed crimes. The organisation
also helps dropouts to develop new skills and insights by strengthening
everything that promotes one's life. It works together with the
dropout to recreate personal relationships and reorient him or her
in everyday life, such as in school or at work, and offer him or
her alternative ways of thinking while making clear that leaving
right-wing extremism does not mean one cannot continue to criticise
today's society. It establishes contacts with former right-wing
extremists and helps facilitate discussions with people who have
personal experience of dictatorships. The Exit process may take
from one to three years on average, but can also take up to seven
or eight years in some cases. Some 30 to 40 people are accompanied
through the process every year.
90. The structure offers counselling to teachers, policemen, institutions
and anyone who is in need of advice and help. It also counsels families
affected by right-wing extremism. By creating new scenarios, it
provides opportunities and combats helplessness and fear. A unique
feature of EXIT-Germany's structure is the “Workshop of Former Right-Wing
Extremists” – dropouts who assist with research and practical solutions
using their unique insight and knowledge. It is of utmost importance
that those who have left speak up publicly and encourage others
to leave.
91. When talking to us, Mr Weißgerber quoted purely ideological
reasons for initially becoming a neo-Nazi and he actually became
a prominent one, as he was among those who prompted the change in
style of both politics and clothing. However, he progressively became
suspicious of the use of terms such as “Volk” or “Nation” and started
alienating himself. One year later, he made contact with Exit-Germany
and engaged himself in the Exit process, together with a friend.
The members of the team he met knew how to deconstruct his ideological
background and de-radicalise him. But once he started distancing
himself openly from the neo-Nazi milieu, he was stigmatised, lost
friends and was even threatened. Exit-Germany helped him also in
this respect. He admitted that it could have been harder to leave
neo-Nazism if he had not been going through this process with a
friend.
92. For Mr Wagner, the approach to fight neo-Nazism should be
cross-sectorial and target, on the one hand, ideology and, on the
other, the structure of neo-Nazi movements. Education in schools
was also for him one of the most efficient tools.
93. Also in Germany, the “Exit to Enter” programme specifically
focuses on providing exit support in the labour market. Established
under the auspices of the federal government's XENOS – Integration
and Diversity programme and part of its National Integration Action
Plan, the Exit to Enter programme combines schemes and ideas designed
to help individuals leave the far-right milieu and either join the
workforce or receive the job training and skills that will enable
them to do so.
10. Brief overview
of measures to deal with neo-Nazi parties
94. I recall that in a separate motion which has been
included in my mandate, Mr Montag and other members of the Assembly
specifically referred to the phenomenon of the rising popularity
of “parties with xenophobic, racist and anti-Semitic elements in
their programmes, including the Greek party Chrysi Avgi [Golden
Dawn] and the Hungarian party Jobbik, and politicians who assert
fascist and neo-Nazi views and use racist language” (see
Doc. 13103 and chapter 1 above).
95. Mr Montag notes that, in this context, symbols and structures
of Nazi and fascist parties from the past, such as party logos reminiscent
of swastikas, are again being used and groups of thugs are forming
who attack immigrants. Major concerns over the rise of neo-Nazi
parties in Europe are also raised in a third motion tabled by Mr
Triantafyllos (see
Doc.
13332 and chapter 1 above).
96. As Mr Montag rightly points out, parties promoting neo-Nazi
ideology were previously only able to gain a small proportion of
votes. Yet they have now managed to get into parliaments or the
European Parliament.
97. The Council of Europe Commissioner for Human Rights has also
repeatedly drawn attention to this worrying phenomenon, calling
for action by the national political leaders and the European community
and noting the additional danger that such parties may also strengthen
their position at European level through alliances. It is, for instance,
a fact – quoted in the 2013 Annual Report on the Protection of the
Constitution – that the German neo-Nazis view the success of the
Greek Golden Dawn party as “a signal to all nationalist groups”
showing that “the sleeping masses can still be aroused when the
conditions are right”. Whereas the German NPD party suffered a severe
loss in the recent German county elections, it succeeded in entering
the European Parliament for the first time, a development which
has shocked many.
98. In a welcome development, the fourth trimester of 2013 saw
important government and judicial steps to dismantle one of most
notorious neo-Nazi parties in Europe, the Golden Dawn.
99. Although this is not my main focus, as I have explained at
the beginning of my report, I wish to share briefly the discussions
I had in both Greece and Germany regarding issues related to legal
measures against neo-Nazi parties and some thoughts, as well as
an example of parliamentary practice drawn from the Land of Mecklenburg-Vorpommern,
one of the two German Länder (together
with Saxony) where the NPD is represented in the parliament.
10.1. Legal measures
100. Both in Greece and in Germany, my talks turned inevitably
around the issue of whether or not the banning of the neo-Nazi parties
present in these two countries was the right path to follow. In
both cases this was a topical issue.
101. In fact, I visited Greece only two months after the government
crackdown against the Golden Down started on 28 September 2013,
triggered by the murder ten days earlier on 18 September 2013 of
a popular hip-hop artist, Pavlos Fyssas, by a Golden Dawn supporter.
This tragic murder followed numerous hideous cases of hate speech
and brutal, physical violence over the last couple of years, involving
members of the Golden Dawn, including MPs. As the Minister of Public
Order and Citizen Protection, our former colleague Mr Dendias, explained
to me, what allowed for action in the tragic murder of the artist
was the fact – missing in previous cases – that a direct link could
be established between the crime and an MP from the Golden Dawn and
consequently also the party itself and its leaders. The party leaders
and some of its members were thus criminally prosecuted for a series
of criminal acts, ranging from murder and bodily harm to money laundering, bribery
and participation in a criminal organisation. The prosecution also
covered Ms Eleni Zaroulia, former member of the Greek delegation
to our Assembly.
102. In a separate welcome development, the Greek Parliament passed
a law suspending the public financing of the Golden Dawn (reportedly
amounting to 1,2 million euros per year).
103. The government crackdown on the Golden Dawn and the suspension
of its public financing were welcomed by both the Council of Europe
Secretary General and the Commissioner for Human Rights. The latter,
in his earlier report on Greece, had advocated that Greek legislation
be reviewed to provide for the banning of the Golden Dawn. For a
series of historical, legal but mainly political reasons, the authorities
have preferred to act on the basis of criminal law against party
leaders and members rather than against the party itself. I was
told that leading constitutionalists and most political parties
were also against the banning as such.
104. I wish to summarise their main political arguments, as they
are equally valid for other countries: a) the fear that, if banned,
Golden Dawn would continue to operate outside the parliament. It
could simply go underground and thus become even more dangerous;
b) banning will not do away with the party's presence in the political
arena. As previous experiences in other countries have shown, it
will be replaced by a less explicitly extremist party with a different
name and risk obtaining support from less extremist voters whilst
continuing to promote extremist positions; c) last but not least,
banning could divide democratic parties and politicians and thus
would weaken the front against the Golden Dawn.
105. I was personally convinced by the arguments of my Greek interlocutors
and believe that, at this stage, the political system should not
get involved in ongoing criminal proceedings and judicial handling
of the cases. Judges and prosecutors should be allowed to continue
their work unhindered by political considerations. This approach
was also supported by the Council of Europe Secretary General during
his visit to Greece in October 2013.
106. In Germany, a motion to ban the NPD party was filed with the
Constitutional Court in December 2013 by the Federal Council (the Bundesrat), one of the three bodies
in the country which can proceed to a party ban. A similar motion
failed in the past because a qualified minority of the Court found
that the NPD lacked the requisite “distance from the State” as a
result of domestic intelligent services having infiltrated the party.
107. Because of the party funding system in Germany, I was told
that citizens find it scandalous that a party such as the NPD benefits
from State budget funding due to its representation in democratic
institutions it aims to abolish. The party receives an annual amount
of 1,7 million Euros, which it applies also for activities against the
constitutional order. I understand that the current German law does
not allow for the suspension of public funding as long as the party
itself is not banned. Also, after the scandal of the NSU, the idea
of banning the NDP has surfaced again.
108. The Director of the Office for the Protection of the Constitution,
Dr Hans-Georg Maaßen, told me that if the party is banned it will
be stigmatised and this could discourage people to join. The lack
of public funding would also make it more difficult for the party
to recruit new members and would restrict its ability to achieve
its goals.
109. However, political parties in Germany seem to be divided over
the issue of banning the NPD. Only the Left party (Die Linke) is unanimously in favour
of banning, other parties are split or against. In any event, banning
the party risks enhancing underground action and will not solve
the problem of the local associations, called “Kameradschaften”,
which are the most dangerous. Some argue that it could be better
to take up the fight against them rather than banning them. Arguments
similar to those I heard in Greece against banning were also advanced
by many of my German interlocutors.
110. From a legal point of view, both the case law of the European
Court of Human Rights and guidelines of the European Commission
for Democracy through Law (Venice Commission) on the prohibition
and dissolution of political parties and analogous measures, adopted
by the Venice Commission in 1999,
consider that the prohibition of
a political party may only be justified in exceptional circumstances.
This does not exclude the criminal responsibility of party leaders
and members, including members of parliament, who pronounce hate speech
or commit hate crime or any other criminal offence.
111. In my view, as a politician and not a lawyer, even if compatible
with the European Convention on Human Rights (ETS No. 5) (and the
Venice Commission guidelines), the banning of a political party
as such should remain the last resort when no other action is sufficient
to counteract the negative consequences of its actions. In any event,
banning alone is not sufficient to counteract manifestations of
neo-Nazism by political parties for the reasons mentioned above,
especially the fact that parties may reappear under different names
or continue to act underground. As my colleague Mr Gunnarsson also
noted in his report, the question which is important to keep in
mind is why the electorate votes for Golden Dawn and the issue to
address is rather “the root causes”.
The electoral success
of the Golden Dawn in the May 2014 local and European Parliament
elections also reinforces the value of the argument. It further
confirms my belief that focus should be on prevention and timely
action should be primarily directed towards individuals, whether
leaders or members of such parties, including engaging the criminal
responsibility of those who commit hate crime, hate speech or any
other criminal offence.
112. In this context, I would like to conclude by recalling the
position expressed by the former Commissioner for Human Rights,
Mr Thomas Hammarberg, during our hearing in Stockholm, which was
largely shared by the members of our committee. For him, it is essential
to take up the debate with neo-Nazi movements, whether or not they
are represented in parliaments, and publicly expose them: “We should
not ignore them, we must not turn them into martyrs either”, he
said, and I fully agree with him.
10.2. An example of parliamentary
practice: “the Schwerin agreement”
113. In Schwerin, the capital of the Land of Mecklenburg-Vorpommern,
we had a very interesting discussion with Mr Julian Barlen, member
of the Land parliament and
spokesperson on right-wing extremism for the SPD parliamentary group.
In addition to the information Mr Barlen and his collaborators gave
us on various initiatives aimed at fighting right-wing extremism
in Germany in general and in their Land in
particular, Mr Barlen also informed us of the measures that democratic
parliamentary groups agreed upon when five members of the NPD entered
the Land parliament for the
first time in 2006.
114. In presenting to us the “Schwerin agreement”, Mr Barlen insisted
on the fact that these measures were decided to demonstrate unity
among the democratic forces against a party which “opposes the Federal Republic
of Germany's system of liberal democracy” (as quoted in the above-mentioned
2013 Annual report on the Protection of the Constitution) and openly
aims to abolish the system of parliamentary democracy. He recalled
that the fall of the Weimar Republic had displayed that the lack
of unity among the democrats at the time was partly responsible
for the seizure of power by Hitler. Thus, the 65 parliamentarians
of the four democratic parliamentary groups represented in the
Land parliament decided on the following
tactical measures:
- only one
parliamentarian from the democratic parliamentary groups counters
any motion brought by the NPD. This means that NPD motions are not
only rejected but are countered by a substantive analysis of the
inhuman ideology of the right-wing extremists;
- every motion brought by the NPD is rejected unanimously
by the democratic parliamentary groups. As the NPD is not seen as
a “normal” political party, it is denied the usual interaction;
- the democratic parliamentarians only participate in debates
and information events if no NPD representative is invited. The
democratic forces thus defend themselves against putting the NPD
on an equal footing and gradually legitimising it.
115. It is worth noting that such an approach based on “democratic
consensus” and on not treating the NDP as a “normal” party is also
shared by civil society organisations in areas where the NDP is
not represented in parliament.
116. Following the county elections in May 2014 in the Land, the NDP suffered a severe
loss of 35%, it is no longer represented in the Schwerin county
council and it no longer forms its own faction in any of the county councils.
This has been seen as an important victory of the democratic forces
in the Land.
11. Concluding remarks
117. Right-wing extremism is a problem with pan-European
dimensions. The struggle against it must be intensified throughout
Europe.
118. If fascism and Nazism are part of Europe's darkest history,
they must not be part of Europe's future.
119. We need to concentrate efforts on prevention, rather than
a heated co-ordination when the damage has already been done.
120. For this purpose, after presenting some examples of good practice,
the draft resolution addresses a series of recommendations to the
Council of Europe member States, national parliaments, political
parties and politicians in general focusing on prevention, through
education and awareness raising, and timely joint societal reaction
to signs of radicalisation. Victim support, witness protection and
exit support measures are also suggested.
121. It is also proposed that the Assembly unequivocally condemns
the rise of neo-Nazi manifestations and neo-Nazi parties. I stress
the primary responsibility of government representatives but also
of us all as democratic politicians to stand up and unite in defending
democratic values. We could thus jointly oppose neo-Nazi ideology
and political parties advocating such ideology whether inside or
outside parliaments.
122. Last but not least, the draft recommendation proposes that
the Council of Europe plays a co-ordinating role to ensure exchange
of experiences and good practice among member States in their efforts
against right-wing extremism, for instance as part of the strategy
against racism, hatred and intolerance in Europe which has been
proposed by Assembly
Recommendation
2032 (2014) “A strategy to prevent racism and intolerance in Europe”.
This could be done through the appointment of a special co-ordinator
or otherwise, taking into account budgetary restraints.