Apr 252013
 

German political parties enjoy a special constitutional protection. Only the Federal Government, the Bundestag (parliament), and the Federal Council can apply for a ban, and only the Federal Constitutional Court can declare a party unconstitutional and subsequently dissolve it. Over more than six decades, the court has banned two parties: the neo-Nazi SRP in 1952 and (slightly more controversially) the communist KPD in 1956. In both instances, it was the government who initiated the process.

Back in 2001, the then Red-Green government sought to ban the NPD. The attempt failed spectacularly because a qualified minority of the judges raised procedural concerns about the very large number of informers within the party, and the unwillingness of the state to provide the names of these people. While the whole thing was ill-advised, it is best seen as part of a larger symbolic drive against right-wing extremism, which was rampant after unification and fuelled a whole host of violent hate crimes. Back then, the government cajoled the CDU/CSU and FDP into supporting the cause, and all three institutions jointly applied for a ban, thereby raising the stakes and putting a lot of pressure on the court.

This time round, the Federal Council (dominated by the SPD and Green, but with support from the centre right-led state governments) pushes for a ban, while the government has long dragged its feet and finally came up with a statement saying that they would not co-sponsor the bid but still provide assistance. While this sounds half-baked, it might actually be a sensible position, given what sort of evidence against the NPD has been collected.

The most bizarre performance, however, was delivered in today’s debate in the Bundestag. CDU/CSU and FDP tabled a motion not to support the ban and won with their majority, while the opposition voted against. Then the SPD table a motion in favour of a ban. The government parties voted against, the Left and some Greens supported the move, of course to no avail. Next came the Left with their own motion, which was supported by the SPD while the Greens abstained. Finally, the Greens argued that issue should not be rushed through parliament. Now the government and the SPD voted against, while the Left abstained. Throughout the day, everyone agreed that the NPD (which, although bankrupt and electorally battered beyond recognition held their party conference last weekend) was indeed a very nasty party. Five months to go until election day.

Feb 232013
 

Gerhard Frey, one of the most colourful characters of the German Extreme Right, has died one day after his 80th birthday. Frey, a famously rich businessman and right-wing journalist, began building his empire in the late 1950s. Over the decades, he published two rightist weeklies (which he was later forced to merge in a declining market), countless revisionist and openly racist books, and ran a mail-order service for Nazi memorabilia. He was one of only four persons who ever stood trial under a procedure called “Grundrechtsverwirkung”. Basically, the Federal Government tried to strip him of his right to freedom of speech (and also his right to vote, to stand in elections and to take public office) because – according to the government – he had abused these rights to incite racial hatred and glorify Nazism (the Federal Constitutional Court squashed this and all similar cases on the grounds of these measures being disproportionate).

Frey made various forays into politics, but was repeatedly rejected by Germany’s oldest relevant Extreme Right party NPD (although sat on the party’s leadership committee for a short while). Over the years, many a right-winger has accused him of being only in it for the money.

In the 1980s, he converted his German People’s Union DVU (“Deutsche Volksunion, essentially a right-wing book club) into a political organisation that during the decades successfully contested various land elections, only to tank abysmally once they had entered another land parliament.  The DVU was never a proper party. Leaving the DVU immediately after assuming office, embezzling money or getting caught while downloading child porn in their parliamentary office was more or less de rigeur for its MPs.

For most of its existence, the DVU wholly depended on its party chair, Gerhard Frey, who had taken out considerable loans from Gerhard Frey, the publisher, to safeguard his position. As far as we know, there was never any meaningful political competition or genuine party life within the DVU, which has been dubbed a “virtual” or even “phantom” party. In 2009, Frey, already in his late 70s, finally stepped down from the leadership and dispensed with the money the party owed him, thereby paving the way for the eventual merger with its longtime rival NPD.

Feb 202013
 

Once more, German authorities are pondering what to do with the extreme right NPD (officially “Nationaldemokratische Partei Deutschlands / Die Volksunion” after merging with its longstanding competitor DVU). While the Federal Council (which represents the 16 federal states) has already applied for a ban, government and parliament have not yet decided whether they support this move. Only the Federal Constitutional Court can ban a party, only these three institutions can act as plaintiffs, and the hurdles are high, as a qualified majority of the eight judges sitting on the case would have to vote in favour.The last ban was issued in 1956, and the government is duly afraid of another failure after the 2003 disaster.

Interestingly, both the Federal Council’s activism and the other institutions’ reluctance are based on a confidential report by a joint working party compromised of security people from both tiers of government and led by the Federal Office for the Protection of the Constitution, i.e. one of the federal secret service agencies. In a shock move, the NPD has posted what appears to be a 140-page executive summary of this report on its website today. Apparently, the party leadership is of the opinion that they appear as mostly harmless in the dossier.

The three-part PDF, apparently a scan of a paper copy, looks genuine enough. Its style, diction and classic Word 95 typography are all in line with what one would expect from such a document, and so is its content. The 2003 disaster was due to the excessive number of activists who moonlighted for Germany’s many secret service. This time, the authors have gone to great pains to collate material that is both public and not produced bye “source”, i.e. paid informers within the party. Interestingly, the statements in the document are classified into two categories: “A” for people who were not informers after January 1, 2003 (but possibly before that date), and “AD” for people who were not on the payroll at the time they made the relevant statement.

Consequently, most of this stuff is disgusting but phrased so that it is right at the boundary of what is legally acceptable.  Germany’s extreme right has decades of experience in crafting their statements in a way that remains just under the constitutional radar. Going through that material, one can see why the party published it on its website and gets the impression that it will be different to ban the party without relying on internal communications. dossier 300x211 Germany: Right Wing NPD Posts Semi Secret File on Itself

One of the most interesting points is the recommendation. The paper suggests in rather strong terms that a ban feasible and proportionate and yet, the government dithers. This indicates that either the federal people on the working party were outvoted (which seems unlikely from the phrasing), or that there is a rift between the political leadership and the services.

A final point concerns the way through which the party got hold of the document. Today, the internet is rife with speculation: Has the NPD, for decades targeted by agents, in turn infiltrated the services? Given that relations between the services and the party have been too close for comfort in the past, that would not be entirely implausible. There is, however, a simpler explanation. The document is stamped “VS – nur für den Dienstgebrauch”, which is the lowest classification level. Such files are normally accessible by a large number of people within an office. Given the rather enthusiastic recommendation issued in the report and the reluctance of the government to act on it, it’s easy to imagine someone in an agency or a ministry leaking the paper to the press, where anyone could have passed it on to the party.

 Germany: Right Wing NPD Posts Semi Secret File on Itself
Jan 032013
 

The NPD is Germany’s oldest surviving Extreme Right party. It has been around for about five decades. After merging with its long-time rival German People’s Union (DVU, the ruling mentioned in the post was finally squashed), it is also a serious contender for the coveted title of Germany’s daftest party (see exhibit number one). While it has been electorally successful occasionally, for most of its history it has been confined to the lunatic fringe. While parties such as the Front National, the Freedom Parties in Scandinavia or the Austrian FPÖ have thrived, the NPD has, apart from a brief period in the late 1960s, always been at the very margins of German politics.

This is not to say that the NPD is not a dangerous, racist and outright nasty party. Therefore, the idea of banning the NPD has surfaced time and again, becoming its own Doppelgänger after the 2001-2003 disaster. Upon granting the matter due consideration, I think the plan is largely bonkers. If this kind of concise verdict does not impress you much, you can read my full analysis of the proposed NPD ban at the extremis project, the go-to site for all thing, well, extreme.

Nov 142011
 

Unless you spent the last couple of days under a rock, you will have heard about the terrible series of (at least) ten neo-Nazi murders that has stunned Germany. In my view, three things are particularly remarkable about this crime.

First, the mainstream media including the public broadcasters and the left-liberal press refer to the series as ‘Dönermorde’, i.e. ‘Kebab Killings’, because most of the victims were small businessmen of Turkish origin. This is impious at any rate, and not exactly sensitive in the context of ethnically motivated violence.

Second, for most of the media the victims are ‘foreigners’ (‘Ausländer’), although they spent much of their lives in Germany. The BBC and other English-speaking media refer to ‘ethnic Turks’ or ‘persons of Turkish origin’. Much food for thought here.

Third, Germany has seventeen offices for the protection of the constitution (one in each state as well as a federal institution), effectively secret services that are given the task to observe extremists. Add to that the same number of federal and state criminal investigation offices, plus seventeen crime prosecution services, plus countless special branches and task forces who are supposed to keep an eye on Neo-Nazis.

These agencies are not understaffed or underfunded, and their employees are not lazy: In 2003, an attempt to ban the NPD collapsed because the party leadership had been infiltrated by so many undercover agents that some of the judges sitting on the Federal Constitutional Court were not sure the NPD had any political life of its own. How could the killers possibly escape this machine?

 

Three possible answers spring to mind:

  • Parts of the left claim that the state still turns a blind eye when it comes to right-wing extremism. That may or may not have been true in the past but is certainly not a correct description of the situation today. The various agencies’ performance has much improved over the last decade, and much of the increase in the number of reported hate-crimes is due to the fact that officers are now trained to look very carefully for extremist motives, and that the rules for collecting statistics have been harmonised.
  • Quite predictably, the right (and many politicians who specialise in Home Affairs) argue that coordination and communication between the various agencies need to be improved. While this may seem reasonable, this is a perennial and very delicate issue in Germany. For historical reasons, the constitution puts strict limits on the cooperation between secret services and the regular police. Moreover, policing is generally the domain of the states, which jealously guard their rights.
  • Finally, many observers just begin to wonder if one or more agencies were involved much closer with the killers than they let on at the moment. Nobody really seems to know how many Neo-Nazis are moonlighting as undercover agents for whom. Is it possible that agencies did not share their information with other institutions in order to protect their sources? Given the scale of the NPD disaster in 2003, it seems quite possible. I strongly
    suspect this is how the story will pan out over months to come.
 Random thoughts on right wing terrorism in Germany
Sep 162011
 

I knew it had to be so: The NPD’s miniskirt campaign of 2011 represents the final step of a long journey that took them from outright condemnation of the garment in 1965 to a slightly overenthusiastic endorsement. Proof comes form John Nagle’s slightly obscure 1970 monograph on the party. Their position on haircuts  hasn’t evolved much, though.

Mar 022011
 

In the olden days, the world was simple. The average extreme right party was strictly socially conservative, to say the least. Abortion and homosexuality were considered sinful, mostly so because both practices deprived the fatherland of future soldiers and potential mothers of even more soldiers. So sex was supposed to be intramarital and had one purpose only: to procreate for the fatherland. Then came Pim Fortuyn and somewhat confused the message, but this was of little concern to members of the German NPD, who sometimes seem to live blissfully in a parallel universe where the 1930s never came to an end.

miniskirt minaret Miniskirts and Genocide: Inside the Topsy Turvy World of NPD Propaganda

NPD campaign poster, 2011

Or so I thought until this morning. It’s election time in Rhineland-Palatinate, which means great fun, because campaigns at the state level often have their own disarming and rather amateurish charm. On my way to work, I drove past at least a dozen very conventional NPD posters showcasing the party’s “Müttergehalt” (salary for mothers) policy that is supposed to stop the “Volkstod” (genocide – they really hate foreign words). But then I nearly crashed my car laughing out loud when I spotted this little gem, campaigning, as you would have guessed, for “miniskirts instead of minarets”. Ah, the demand for more miniskirts – always at the fore of the minds of  every self-respecting, socially conservative nationalist movement. About time that someone dared to speak out.

 

The untrained, illiterate observer might of course mistakenly believe that the NPD is finally defending the unalienable right of the Aryan hooker to strut her stuff while eying a collection of strangely shaped dildos. As always, it is all in the eye of the beholder.

Jan 282011
 

My earlier post on the merger between two of the (more or less) viable extreme right parties “Deutsche Volksunion” (DVU) and “Nationaldemokratische Partei Deutschlands” (NPD) may have been premature, as the merger has been successfully challenged in court by a number of DVU members in court. The court ruled that the ballot amongst the DVU members was flawed and has to be repeated before the merger can go ahead.

Jan 172011
 

If this post’s title does make any sense to you, chances are that you are one of us anoraks who had a brilliant weekend of extreme right spotting. In France, Jean-Marie Le Pen stepped down as leader of the Front National, just under 40 years after he founded the party. He is succeeded by his youngest daughter, who is portrayed as a moderniser (hey, she’s twice divorced) and a moderate (by FN standards). While this story might conjure the image of Prince Charles, Marine’s rise through the Front’s ranks was quick, largely unexpected and a major source of aggravation for Bruno Gollnisch, the controversial academic who became the party’s number two after the old number two, Bruno Mégret, left the party to found the MNR in 1999. If Gollnisch (who was soundly beaten by LePen the younger in the leadership contest) aims to repeat that stunt remains to be seen. I’m sure there is a silly story about men named Bruno who turn out to be the real Princes Charles here (both spent a lot of  time eyeing the leadership and are in their early 60s now ), but more importantly, Marine is going to change le Front, though her father might be tempted to meddle. These right-wingers know a thing or two about family values.

Meanwhile, in Germany the NPD, arguably the most radical amongst the electorally viable right-wing parties in Germany has celebrated its merger with its old rival DVU. The DVU was founded in the early 1970s as a marketing device for right-wing books, journals and paraphernalia and became a party in the 1980s. For nearly 40 years, it was completely dominated by its founder Gerhard Frey, who finally stepped down in 2009, aged 76. While has successor planned for the merger that became effective from January 1, some regional leaders are less than happy and seem willing to either take the issue to the courts over some alleged irregularities, or to set up a new party of their own. Either way, it would seem that the German extreme right remains divided, as it has been since the 1980s.

 Marine anointed, DVU and NPD merged
Mar 282008
 

Udo Voigt, the leader of the NPD, has been charged with inciting racial hatred. During the 2006 World Cup, the party published a pamphlet that questioned the right of non-white players in the squad to represent Germany in the tournament. The NPD is the oldest amongst the three relevant extreme right parties in Germany. Founded in the early 1960s, the party was successful in a number of Land elections but could not overcome the 5 per cent threshold in the General election of 1969. For more than three decades, the party that once had tens of thousands of members and even set up its own student organisation barely survived as a political sect but played no role in electoral politics. If you can read German, here is a chapter on extremist parties and their voters with lots of fascinating details on Germany I wrote for a handbook on electoral behaviour.

Voigt was elected as party leader in 1996 and quickly modernised the party. His aggressive and dynamic stance persuaded the Federal government to apply for a ban of the party in the Federal Constitutional Court in 2003. The case was thrown out on procedural grounds, and for the first time in 40 years, the party managed to win seats in two state elections in 2004 and 2006.

However, the charges against Voigt are just the latest political blow for the party and its current leadership. After 2006, there have been no more electoral successes. Moreover, the party is involved in dubious financial transactions. The party treasurer was taken into custody in February, and the party must repay huge amounts of money it had claimed under Germany’s state-sponsored party-funding scheme. Voigt stands for re-election as party leader in May, and there might well be a leadership contest.

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