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Who Can and Can’t vote in Germany?

A third of Berliners do not have full voting rights. An explanation of who can vote and why this must change


21/09/2021

There will be three elections and one referendum happening in Berlin on September 26th 2021.

First, there is the general, federal election which elects the Bundestag, the parliament for all of Germany. Second, there is the state-level election which elects the Berlin House of Representatives, the parliament of the city of Berlin. Third, there is the municipal election, which elects the council for every district of Berlin. And on top of that there is the referendum on Deutsche Wohnen & Co Enteignen.

Generally, to be allowed to vote in Germany, you need to be a German citizen who is at least 18 years old. You must also have been officially registered in the place where you’re voting, such as Berlin, for at least three months, and you must not be excluded from voting for other reasons (for example, if a court took away your right to vote because you were deemed legally incapable of making your own decisions – but that’s a whole different issue). So, basically, German citizenship and 18 years old. This applies to the federal election, the state election and also the referendum. For the municipal election, you need to be at least 16 years of age, and in addition to Germans, citizens of other EU countries such as Poland and Spain can also vote. But that’s it.

The news outlet rbb recently ran an article that every third person in Berlin is not allowed to vote. Every third! The largest group of these are non-German citizens (about 790k people). The second-largest group is children below the age of 18. Just to repeat, one third of the inhabitants of Berlin are not allowed to have a say in who will govern them for the next five years.

Now, what does the actual law look like? There are, after all, countries who handle this differently, for example New Zealand does allow foreigners who live in the country permanently to vote. So, lets consider the legal situation in Germany. Short disclaimer, I’m not a lawyer, but what I’ve found is Article 20 paragraph 2 of the Basic Law of Germany (the constitution), which says: “All state authority is derived from the people.” “The people” in the Basic Law means the German people, which means people who have German citizenship, and there are rulings of Germany’s Federal Constitutional Court which underline this. Elections are an act of state authority, so this means that only German citizens are allowed to participate in elections, and this goes for the federal level and the state level. This also applies to state-level referenda if they are to be legally binding.

An exception is made for EU citizens at municipal level. This was written in the EU Treaty of Maastricht in 1992 and the EU countries had to implement it. Indeed, Germany changed its Basic Law to reflect this (they added to article 28 paragraph 1: “In county and municipal elections, persons who possess the citizenship of any member state of the European Community are also eligible to vote and to be elected in accordance with European Community law.”)

However, if you wanted EU citizens to be allowed to vote in other elections, or non-German and non-EU citizens to be allowed to vote in any election or referendum, you would need to change Germany’s Basic Law. For this, you need a two-thirds majority. And that is, unfortunately, extremely unlikely given the current political climate – you can’t do it without the CDU. The state of North Rhine-Westphalia tried something like this in 2017 and failed. Of course Die Linke will continue to fight for voting rights for non-Germans, and there are also other avenues besides changing the Basic Law that we can use to try to broaden participation, which other speakers will tell you more about.

What I Learned Knocking on Doors for the Berlin Housing Referendum

How Haustürgespräche set roots in the community and offer door to door solidarity


20/09/2021

Haustürgespräch translates as ‘doorstep conversation’. For most people this phrase probably evokes awkward experiences with earnest strangers hawking dishcloths or religious conversion. Most often these are unwanted encounters, kept as brief as politely possible. We not only wish not to be disturbed but also feel slightly uneasy at being collared right where we live. Our thresholds form the boundary between what we wish to deem our private sphere and the world outside. Even in a world of boundless social media where people happily post up pictures of their food, family, significant life-events and have daily meetings on Zoom; our actual physical living space still feels much more sancrosanct, a highly personal domain.

But what if the real threat to this sense of home and safety is not from a random salesperson or spiritual evangelist? What if it’s from the very organisation to which you pay money to live there? Or from a system which allows your home to be an object of financial speculation, that could easily price your tenancy out of your reach by the handing over of distant contracts you will never see? What if your neighbourhood is changing out of all recognition as wealthy owners turf out longstanding independent shops and fellow neighbours and you fear you’re next?

This is the terrain from which the initiave Deutsche Wohnen & Co Enteignen has arisen. Having passed the first two hurdles of gathering enough signatures agreeing to the basic question: Should the Berlin Senate take (back) into public ownership the properties of private companies like Deutschen Wohnen and Vonovia each of whom own 3,000 or more dwellings in the city? (the second petition garnered the most signatures ever in a Berlin referendum campaign) The initiative and all its signatories has earned the right to a democratic vote of all Berlin citizens on the same day, Sunday 26th September 2021, as the national elections.

The efforts of the campaign to ensure that enough citizens (I’ll come back to that word later) vote yes, or rather Ja, to these basic question, have ramped-up even more impressively than those seen during the second signature collection. Dozens of volunteers have hoisted placards onto lamposts, put posters up in shops, bars and bistros, newspapers have been given out to commuters at under- and overground stations at the crack of dawn, beermats and flyers (in six or seven languages) distributed in venues in the twilight hours and from weekend stands in parks, hundreds of leaflets put in post-boxes. And, yes, doorstep conversations have been taking place not only in the inner city but throughout its far-flung suburbs.

Having only contributed minimally during the signature gathering stage (mainly down to Corona caution), passing petition sheets round my closest neighbours and donating a sanistising kit to a local organising hub, I joined the Neukölln Telegram group late in August to find out how I might do more in this crucial run-up to the vote. Someone posted up a call to join a team ringing doorbells in Rudow, the southern-most part of Neukölln, so I made myself known to the contact person and headed to the meeting point outside the U-Bahnhof on a Friday early evening.

Toting one of the distinctive yellow and purple bags, (bought at MyFest in 2019) I was easy to spot and the organiser beckoned me over to where she was standing with a group of other game but rather nervous looking comrades. Once everyone had arrived, we were asked if any of us had done this before, most hadn’t. Someone who had gave a helpful workshop: Giving our first names and that of DWE by way of introduction was key, then asking if the person had heard of the initiative and if so, what did they already know? Letting them speak, rather than doing some hard-sell bullet points of why to vote Ja, getting a human connection, not just spouting information. We are, after all, all renters, all in similar predicaments. Relay a personal story yourself if it’s relevant.

This was a relief, the other thing I’d been nervous about, along with my imperfect German, was my incapacity to reel off a thousand facts and figures. Don’t get into an argument, we were advised, if the person is hostile, thank them for their time and move on. Above all, don’t take it personally if someone is unfriendly and if they’re downright nasty, contact the organiser and get some emotional support.

There was a particularity to this door-knocking round, in fact the whole weekend had been named after it: Wochenende der Genossenschaften. This had something of a double meaning I was later to reflect. A Genossenschaft in German housing terms is essentially a cooperative but in Germany these are rather large concerns. In recent weeks, a certain Genossenschaft had sent out a letter to its thousands of members falsely claiming that the DWE campaign, if successful, would expropriate cooperatives, because they too sometimes had over 3,000 dwellings. No-one is sure why this disinformation campaign was launched but on this Friday evening, we were equipped with our own letters in sealed envelopes setting out the actuality, that cooperatives would in fact be exempt from any expropriation because their financial model does not prioritise profit for external shareholders and that instead, they guarantee fair rents and decent conditions for their member-residents, and were as such role-models. So, at the very least, if someone blanked us on the doorstep, they could be given or posted the letter containing this reassuring reality.

The time had come to get into pairs. The doorstep conversations aren’t advisable as a solo activity, for a start it’s exhausting so it helps to have someone to both take turns with and to reflect on technique and efficacy. A tallish young guy offered to pair up with me, saying we had a good demographic range. It’s not often that being older is an advantage but as many of the Genossenschaft members would be over 50, I knew we’d make a good team. He, let’s call him Tom, had done it before and he did the first five or six conversations, encouraging me after to start the next few.

The interiors of the buildings were, in this instance, clean and well-looked after. Some people weren’t at home or didn’t answer the door. Those who did were mostly courteous and curious. Our diffident introductions worked well to assure people we weren’t only trustworthy, we were absolutely on the same side. Everyone wants a secure place to live, an affordable rent, wants community. Some had read the letter from their Genossenchaft but most wanted to give us the benefit of the doubt.

Once I did my first few, I gained in confidence. No-one looked down their noses at my mixed up cases or adjectival endings, they were just curious as to what I wanted to say. And allowing them to talk first made it easier, finding out where they were at with things. The buildings in Rudow were lower rise than usual, only three floors, but nevertheless after an hour and a half of flights of stairs and the uncertain stress of waiting for someone to open the door, I was pretty wiped out. I travelled back with four of the crew and though the offer was there to go to a collective DWE get-together, I was conversationed out.

My next stint was in Britz on the Sunday afternoon, more Genossenschaften. I recognised B, another comrade from the Friday team. He looked upbeat but told me that the day before had been tougher, more hostility and rudeness. He had, he said, boned up on some useful info to counter some assumptions he’d encountered the previous day. We all did another workshop and were invited to contribute our own reflections on what seemed to work or not. I teamed up with B, the comrade I’d spoken to earlier.

The buildings were doubly high so we made use of the lift. We made contact with around 50% of the residents. This time, there was an interesting dynamic in that we started off with the softer introduction but if there any mistaken assertions or questions, B was ready with a clear set of facts and figures that were accessible and convincing. I was moved and impressed that he had responded to the hostility of the previous day with an impetus to be on top of a concise set of information. The residents took this on board and thanked us for our efforts.

Occasionally, on both days, there were people who weren’t even aware of the fact there was a referendum vote. They’d either assumed that the signature collection was the end goal or the whole campaign had simply passed them by. It’s easy to assume from one’s bubble of inner city political engagement, that the whole of Berlin are up to speed on what’s going on. This stressed even more the importance of personal contact, of conversations, of going outside one’s comfort zone.

The most recent time I took part was in an area of Neukölln near the station of Köllnische Weide. We met in a park, where there was to be an info stand full of DWE campaign literature in almost every language possible. One particular flyer was aimed at those without voting rights. We were told that the Siedlung (housing estate) that we were about to visit would have a higher percentage of people without the right to vote, non-citizens in other words, who nonetheless pay rent and other contributions and are as affected as anyone by the laws and conditions of the country. The flyer was to invite them to join a group to discuss with others like themselves the need to have rights within the civil society.

Our group was twice as big as the previous weekend but as someone who had had more experience, I was asked to relay my thoughts. In a serendipitous role-reversal, a young guy teamed up with me looking unsure and nervous. The buidings were more like tower blocks. We were told they had, up until the early 2000s, been public housing but had, in a shameful move by the leftwing Senate at the time, been sold to the private sector. They were now in the hands of Deutsche Wohnen.

The contrast with the Genossenschaft communal interiors was stark. Only one lift was working in the 12 storey tower we went in. The working lift had a gaping hole at the back, exposing it to the casing of the shaft. A resident came out and assured it was working. The conditions were an eye-opener if one had assumed that this company is all about high class renovation. We took the lift to the top and worked our way gradually down. It was gradual because we spoke to 80% of the residents. Half hadn’t heard of the campaign, about a third welcomed flyers in their first language, often Arabic or Turkish reading them avidly, about a third did not have voting rights. One woman, Croatian, was living with six others in a two bedroomed flat and had been applying in vain for re-housing over the last several years. We gave those concerned the non-citizen flyer, apologising to the woman there was none in Serbo-Croat.

The hallways were dingy and a number of doors were damaged but the people were uniformly friendly and grateful for the information and those who could vote, positive they would in the affirmative. A door behind which we heard several yappy dogs, was opened by a smiling woman who said she was voting Ja before we said a word. My companion’s confidence grew at each descending floor. The experience was sobering, moving and politically galvanising.

Yes, there were techniques, yes, as my last companion put it, there was a kind of flirting at play and yes there was the hope that all we spoke to will vote Ja on 26th. But most of all a dialogue was being started about fairness, ownership and the right to a home without fear. People who would normally never meet were realising how shared their wishes really were.

Carol McGuigan has lived in Berlin for 10 years, gaining dual citizenship in 2018.

 

Demo for Choice: 18th September 2021, Berlin

On 18th September, we demonstrated against the fundamentalist “Marsch des Lebens”. Here are some photos.


18/09/2021

Photos: Phil Butland, Rosemarie Nünning, Dervla O’Malley and others

News from Berlin and Germany: 18th September, 2021

Weekly news roundup from Berlin and Germany

compiled by Ana Ferreira

NEWS FROM BERLIN

Ver.di to extend strikes at Charité and Vivantes this week

The collective bargaining conflict at Charité and Vivantes is going into the next round. Even a new offer from the management did not bring the hoped-for movement. Now the strikes are to be extended. Ver.di’s deputy regional director Susanne Feldkötter again appealed to the Berlin Senate to persuade the state-owned hospital operators to compromise on collective bargaining. The Greens and the Left have called on Finance Senator Matthias Kollatz (SPD) to get more involved in the wage dispute at the state-owned hospitals. He rejected the demands, affirming the Vivantes management has made an offer to ver.di, which was rejected by the union. Source: rbb

Ver.di calls for strikes in retail trade on Monday

After the railway, Charité and Vivantes, there is now renewed industrial action in the retail sector in Berlin and Brandenburg. The services union ver.di has again called on workers in the retail sector and individual food warehouses in the region to take part in a day-long warning strike. Ver.di is demanding a wage increase of 4.5 per cent plus 45 euros per month as well as a minimum hourly wage of 12.50 euros – with a duration of the collective agreement of nine months. In addition, the agreement would have to be declared generally binding so that it would apply to all retail workers. Source: rbb

“Against rent madness”, thousands demonstrate in Berlin

Thousands of people demonstrated against high rents in Berlin on last Saturday. They marched from Alexanderplatz to Großer Stern. Various initiatives took part, led by the “Berliner Bündnis gegen Verdrängung und Mietenwahnsinn” (Berlin Alliance against Displacement and Rent Madness), with a common goal: a new housing policy and a rent freeze. The organisers estimated the number of participants at around 20,000. The demonstration aims at a change of course such as a rent freeze, no conversions into property and no terminations of own use, beyond no evictions, expropriations of large real estate corporations, as well as the nationwide rent cap. Source: md

Ali fears for his family in Afghanistan

The Taliban’s renewed seizure of power has Afghans living in Germany, among them many minors, extremely worried about their relatives. That is Ali´s situation. He came to Germany as an unaccompanied minor at the beginning of 2016. But without recognized refugee status, Ali has no right to bring his family here – even though he is under 18. The relatives, in turn, must obtain an entry visa for Germany, but only if they appear in person at a German embassy – in Islamabad or New Delhi as it is no longer possible in Kabul. Ali fears for his family. Time is running out. Source: rbb

Trans person dies of burns at Alexanderplatz

A trans person who set herself on fire at Alexanderplatz on Tuesday died in hospital. The background is unclear and the police are investigating. Based on findings so far, a political motivation can be ruled out. The 40-year-old trans person tried to burn herself without a word and without announcement in front of a department store. An employee extinguished the fire and alerted the Berlin fire brigade. An emergency doctor flew in by helicopter. According to the police, the person did not suffer any life-threatening injuries, but her condition deteriorated quickly. Source: Berliner Zeitung

NEWS FROM GERMANY

AfD rise seems to have diminished in Brandenburg

So far, the AfD’s election results in Brandenburg have pointed steeply upwards. But the recent upsurges could now be over. The end of the AfD’s rise in Brandenburg began in the spring of 2020, when Brandenburg’s state and parliamentary group leader Andreas Kalbitz was kicked out of the party – but allowed to stay as sort of a ghost chairman. This might please the tightly-knit base, but scares off potential new AfD voters. By that time, the party was classified by the Office for the Protection of the Constitution as a suspected right-wing extremist case, too. And nothing has changed in that regard to this day. Source: rbb

Putting the brakes on the car lobby

It was a spectacle, but not so much for the benefit of the car lobbyists: the “IAA Mobility” trade fair in Munich was quite condemned by environmentalists. On Saturday, during a demonstration, the police used pepper spray on activists, journalists and paramedics. Union candidate for chancellor Armin Laschet criticized the protests when he spoke at the CSU party conference in Nuremberg, saying the fair was “the greenest IAA”. With this he unexpectedly hit the nail on the head. Climate activists pointed out, considering that just replacing one form of propulsion with another will not be enough. Source: jW

Party finances in the CDU: “Money is the most important thing!”

With 14.5 million euros in additional earnings, the CDU/CSU members of parliament are clearly ahead of all other parliamentary groups. Given this, a question arises: how does the CDU always manage to maintain its image as the people’s party? Voters should no longer be surprised if another one of their deals with special economic interests is exposed. This accumulation over decades clearly points to a structural problem, according to the book “Die Adenauer-CDU”. The book, among other aspects, points out to fundraising magazines such as the “Wirtschaftsbild”. This can be evidence for how the CDU manages to be closely linked to the economy, but not to transparency. Source: fr

Hocker statt Höcke

Don’t let the AfD normalise hate

No Votes for the AfD – Participation Campaign for the elections “Hocker statt Höcke” with Konstantin Wecker

Already over 500 people have joined the recently started social media campaign of the performance artist Rainer Opolka against the AfD. Go against Höcke [Björn Höcke, AfD politician with close links with Neo-Nazis] auf den Höcker [on a stool].

Show your face and spoil the AfD election party on 26th September. These are the declared goals of the action. Over 500 people have already taken part, including Konstantin Wecker [musician], Sebastian Krumbiegel [singer, Die Prinzen], Katina Schubert [Die LINKE Berlin], Anke Domscheit-Berg [MP, Die LINKE], Hubertus Heil [labour minister, SPD] und others.

Taking part is quick and easy. Take a photo of yourself (an existing photo will do), upload it into www.hocker-statt-hoecke.de, and share the picture on facebook, Instagram and Twitter.

For example with this text:

German: Keine Stimme für die AfD! Zeige Haltung gegen Hass & Hetze! | Foto machen, Kampagnenbild erstellen & teilen! ️ www.hocker-statt-hoecke.de

English: No Votes for the AfD! Take a stand against hate & rabble-rousing | Take a photo and create a campaign picture! ️ www.hocker-statt-hoecke.de

#HockerstattHöcke #Deutschlandabertolerant #noAfD #BTW21 #BTW2021

 

The Background

The AfD is trying to win the centre vote at the coming elections with their current campaign “Deutschland aber normal” (Germany but normal). The normality that the AfD had in mind – against “Gender madness”, multiculturalism and “climate panic” – is something that they want to normalise inside society. But right wing extremism, racism and hatred cannot be normal in our society! We want to say this clearly.

The initiator is the performance artist and author Rainer Opolka. He is a former torch manufacturer and has been engaged against right wing extremism for many years. He has been often honoured for his civic engagement. In 2016, he attracted national attention with his touring exhibition “Die Wölfe sind zurück?” (the wolves are back?) which has since been exhibited in many German state capitals in central open spaces. Just in Berlin, Dresden and Potsdam he reached over 250,000 people.