The Left Berlin News & Comment

This is the archive template

“Actions like this are a symbol for the liberation struggle. It’s an uprising against the right wing In Germany”

Interview with Iris Hefets about her one woman protest for Gaza on Hermannplatz


22/10/2023

Hi Iris. Thanks for talking to us. Could you start by saying a few words about who you are?

I’m Iris Hefets. I’m in Israeli and I’ve lived in Berlin since 2002. I work here as psychoanalyst, and I’m a member of the Jewish Voice for Peace in Germany. I used to be the chairperson, now I’m a board member.

We’re reading a lot of newspaper reports both in Germany and the international press about how difficult it is for Jews in Berlin, in particular Neukölln. What is your experience?

Well, my experience is that it’s not specifically difficult. Of course there is an interest to show that it’s difficult for Israelis here. But most Israelis in Berlin live either in Neukölln or Prenzlauer Berg. They go and live there, so I guess then it’s okay for them there. There is an article by Yossi Bartal, about Israelis in Neukölln which says more.

And Armin Langer’s book: A Jew in Neukölln.

By contrast, what’s life like for Muslims in Neukölln at the moment?

I’m not a Muslim. So you have to ask them, but I can say something about what I saw and heard in different channels. It’s difficult to be a Muslim in Germany now. There was a stereotype about Muslims after 9/11, and it’s propagated whenever there is some attack, like Israel’s attacks on Gaza, or Lebanon.

The Berlin Senate for Education and Family are telling children in schools that they are not allowed to wear accessories showing Muslim identity when they go to school, This is oppressive.

If you’re Muslim or another PoC, you’re not allowed to be what you are when it comes to Israel-Palestine. You have to be European, or German and being German means that you have to hold a set of tokens which have no meaning, like “Existenzrecht Israel”. You have to say these tokens, which have become hollow words, in order to have the right to say anything at all. If you’re a white German you are usually not supposed to say this. This is a racist practise. And it is also a kind of virtue signalling.

We are hearing reports of dozens of kids being arrested on Sonnenallee and of one child being hit by their teacher. What do you think is happening?

We have to understand this in the frame of the drift to the Right in Germany. German politicians don’t care about Israel, otherwise they would change their policy and not give us more of the same. The situation in Israel is only getting worse. If Germans really cared about the lives of Israelis and Jews they would do something else.

German foreign policy is just saying something flat like “Deutsches Staatsräson”, which is actually a term from Prussian times. This tells us what kind of regression we have here in Germany.

If we add up the votes for right wing parties in Germany – the AfD, the CDU and the Freie Wähler – they are are the majority, and we see how taboos are being broken. A few years ago there would be no cooperation between the CDU and the AfD. There is now.

This goes even beyond the right wing parties. All parties within the Bundestag have been using the slogan “I stand with Israel”.

All the parties are drifting to the right. Look at asylum politics. Instead of showing some resistance and saying no, we are not cooperating with right wing policies, the parties of the Left try to imitate them. This is a failure because if someone wants to vote for something, then they’ll choose the original. Why vote SPD if you can vote AfD?

We’re partly talking today about your personal little act of resistance. A video of your one woman action on Hermannplatz has just gone viral. A friend in Norway just posted it. Can you say what you did and why?

The Jewish Voice for Peace demanded a demonstration on Oranienplatz last Saturday. This was rejected because there is a prohibition on assemblies in Berlin. This is frightening because we’re talking about democratic rights being limited. The right wing drift I was talking about is not only about Palestine and terrorism. After this there will be something else.

Freedom of speech is being limited in Germany. 15-20 years ago when I came, I could say anything.    And no German told me that I’m an antisemite. There are more and more restrictions. We are being watched more and more by different institutions.

I asked friends who are legal professionals, if a demonstration is not allowed, can I stand alone with a sign? They told me “absolutely you can”. It’s controversial, whether two or three people make an assembly, but one person is not an assembly according to German constitution.

But it was also clear to me that we are now in times where the German constitution is no longer the standard. I know this from Israel. Israel has been under a state of emergency since 1948, which is prolonged every year. If you classify something as terrorism, you are allowed to do whatever you like.

It was important for me to do my action in Neukölln, because I work in Neukölln. I have many friends who live there – Israelis, family members, Jews, Palestinians, whoever. Whatever you want you can find in Neukölln.

I was shocked to see how empty Hermannplatz has become since the police have had a presence there. It reminded me of the square near Nablus Gate in East Jerusalem. Paramilitaries are so present there suppressing Palestinians that it become a dead place until Palestinians reconquered it around Ramadan.

This is what Berlin is also going through. It’s a revival of the time before the Nazi era. We’re going back to Bismarck, including the architecture. For example Karstadt is going to be demolished and    they want a building that existed there before the war. Germans think the Nazi era was worked through and now they want to go back to business as usual. And we know what can happen when Germans go back to business as usual.

So, you’re stood on Hermannplatz opposite Karstadt holding a sign. What did the sign say by the way?

On one side I wrote in German” Als Israeli und Jüdin: Stoppt den Genozid in Gaza”. On the other side, there was the same in English “As an Israeli and a Jew: Stop the genocide in Gaza”. But what was written on the sign didn’t disturb them.

How did the police react at first?

They came immediately to me, and asked me to take the sign down. So I asked them why. They told me that it’s forbidden, so I started to argue and say that according to the German constitution, I’m one person, I’m allowed to be here. They said it doesn’t matter what’s on the sign, I’m just not allowed.

Then they said it’s an assembly because other people were there, and I said “well they only came because you came”. I said I can ask people not to stand next to me. Just tell me what is the distance? They said I’m arguing too much and I had to come with them.

They took me to the police car and they put me in a closed cell, with a camera directed on me from the ceiling. I had my mobile phone and rang my lawyer, and he said he’s on his way. They didn’t do anything with me. They just waited for people to go.

Then they returned and asked me to clarify my identity so I gave them my Israeli passport. They came back and told me “ok, but it’s forbidden to do pro-Palestinian demonstrations”. So I told him that I’m an Israeli and what I’m doing is a pro-Israeli protest. It’s important for me, because my family lives in the South of Israel, and if Israel is going to continue committing genocide in Gaza we are close to the end.

They couldn’t say anything against this, But we could hear a Palestinian who had also been arrested and they told me that these people are barbaric, I told them, as a psychotherapist, exerting and being exposed to these amounts of violence is not a good job for their psyche. According to my experience and the literature, it can cause anxiety disorders, panic attacks and erection problems.

So the male policeman laughed, and said “I like you. You remind  me of  the mother of one of my friends“. When they heard I am Israeli, I got sympathy. Because I’m a Jew, I’m not a young woman, it’s a problem for them if they hurt a Jew. It’s still important. They have some unease. The policemen told me, it is for my security, that they want me not to stand there. I told them, if it is not secure, they have to take care that it will be and not to prevent me from fulfilling my basic constitutional rights.

So they came back and said they’d cleared the issue, that I’m right and they are sorry. I still wasn’t allowed to stand in the middle of the square. They would escort me to a corner, which was actually much better as the people who came out of the U-Bahn station also saw me.

I stood there for 1½ hours. I got many supportive reactions. Many people hugged me and said it is good that I’m saying that because nobody’s allowed to talk today about it freely in Germany. It was a wide range – people from Japan, people from Egypt, a white German who told me that his wife is Egyptian and she’s really scared to go on the streets now in Berlin.

I did it again the day after. Two policemen stayed near me. There were people who wanted to stand next to me in kuffiyehs and Palestinian flags, but I told them we’re not allowed to because then it’s an assembly, so I had to stand alone.

Did you experience any hostility?

Only from the police.

Today it was announced that demonstrations will be banned for the next few weeks, but demonstrations were being banned anyway at short notice. What do we need to do?

We need more actions like this, particularly by White Germans, people who have passports. We should not be silenced. There is a genocide going on now in the Gaza strip. Actions like this are a symbol for the liberation struggle. It’s an uprising against the right wing In Germany.

In social media, things that we are translating from Hebrew and English into German are going viral. We are reaching so many people. There is a very big gap in Germany between what the politicians are deciding, the press is propagating and what the people think. There would not have been the need to suppress people If there wasn’t a force coming from below.

Identification with Israel is identification with a colonial racist ethnocratic neoliberal state with an apartheid policy, Israel was exposed on Saturday the 7.10.23 as a failed state. It was not only a military collapse, it was a failure of the state to supply food to hospitals, transport and armoury to soldiers. All that was done through the initiative of Jewish Israelis, that was organized in social media.

There is hype about all this good eating, but in the hospitals in Ashkelon in South Israel there is no longer any food. The state is not functioning at all and my colleague psychotherapists are going to the people, who were evacuated from the in the south of Israel, trying support them emotionally, with no real organization.

Israel has an army which is not providing its soldiers with elementary needs. The neoliberal logic says: do not invest for the future now, do not store things, as that can cause financial loss. The failure of a society that disavows reality on many levels was seen in a horrible way on that awful Saturday.

People reading this interview are seeing the bombing of Gaza. Hospitals in Gaza are being bombed or having to close because they have no electricity. But there’s also increasing repression in Berlin. How can we resist this?

I, of course, am for BDS. Palestinians have been leading a non-violent struggle which Germany has actively opposed. The balance of forces means that the German state won’t sanction Israel but people have to boycott Israel privately. If you go on a cruise to Tel Aviv, there is an iceberg which you will hit.

It’s no longer relevant if goods are from the settlements or not. Every Israeli product has to be boycotted. It’s not that this is not done, but many boycotts are made privately. People are afraid of BDS. Israeli must see that there is a price to what they are doing, so that it will be harder for them to neglect reality. Only then will it be possible to have a change which is not that bloody.

We must cooperate more with the Global South. Events like the World Cup in Qatar were a clear sign that people in these countries are not connected with their leaders. The Moroccan team supported Palestine, as well as fans from Japan and South America.

I hope things will be different this time, as there are many more non-White people in Germany. I understand that they are afraid and that Germany is threatening them. It is the time for White Germans to say something.

We can forget about the political parties. I don’t know what Is left from the Left. Maybe the people on the lower levels are better than the leaders, but it’s not Left. The fact that anti-BDS resolutions, i.e. anti-non-violent struggle, get support from the Left to the AfD shows everything.

It’s the time for White Germans to stand up, to talk, and to move – together with PoCs like us – the mainstream to another place.

“We are not enemies”

The interview which Die Zeit refused to publish


21/10/2023

deutsche Version unten

Yesterday, a nice journalist from DIE ZEIT rang me. She’s writing an article about different perspectives from Jewish people living in Germany.

She had learned about the Jüdische Stimme (Jewish Voice for Peace) and thought it would be an “important voice in this context.” About half an hour later, we had the following telephone conversation:

– Yesterday (19th October)

Hello, my name is —- What is yours?

Hello, I’m Udi.

That’s a nice name. Where are you from?

From Haifa. A city between Tel Aviv and Beirut.

It must be currently very difficult for you. How are you feeling?

Yes, it is. For a long time I’ve been asking myself the same question. I don’t know.

I understand. May I record the conversation?

Yes.

What do you mean when you say that you are anti-Zionist?

It’s to do with my understanding of Zionism. I understand Zionism as a state ideology which considers Jewish supremacy in Israel/Palestine to be a prerequisite. I am against such an ideology because it is racist and therefore illegitimate.

You have already said that you are afraid to wear the Kuffiyeh in public. But you do it anyway. What does this mean for you?

I am afraid. Above all I’m afraid of the Berlin police’s readiness to use violence. I wear the Kuffiyeh as a symbol of a resistance movement. Resistance against a politics which systematically marginalises, demonises and dehumanises Palestinian people.

But I’m more than just the Kuffiyeh. I am also Jewish. I am an Israeli. I am also influenced by Zionism. For many years, Zionism was the only perspective that I knew. I am queer in this respect. I’m not exactly that which people see at the first view.

At the moment, there is only space for binary descriptions. Either Palestinian or Jewish. And that is a symptom of the problem. Germany’s political élite again and again play us off against each other. As if we were fundamentally enemies. But we are not enemies. Are we even allowed to say this?

You have summarized that nicely. Thank you. I think that was all we ned. We would like to publish it soon. Would you prefer to be anonymous?

No, it’s fine.

— Today (20th October)

Hi Udi, it’s —- again. Udi, I am really sorry, The editors have rejected the interview with you.

Does this affect all the interviews which you carried out for the article, or just the interview with me?

Just with you. The editors said, they can’t publish this, because you support BDS.

What has that got to do with the interview?

I am really sorry. I found your views really important. I am very sorry.

I’m also sorry.

Look after yourself.

This article was originally posted in German (but not in die Zeit). Translation: Phil Butland. Reproduced with permission.

deutsche Version

Gestern hat mich eine nette Journalistin von DIE ZEIT angerufen.

Sie schreibt einen Artikel über verschiedene Perspektiven von in Deutschland lebenden, jüdischen Menschen.

Sie hat von der Arbeit der Jüdischen Stimme erfahren und sie dachte es wäre eine “wichtige Stimme in diesem Zusammenhang”. Ca. halbe Stunde lang haben wir telefoniert.

— Gestern (19. October) —

𝐇𝐚𝐥𝐥𝐨, 𝐦𝐞𝐢𝐧 𝐍𝐚𝐦𝐞 𝐢𝐬𝐭 —-. 𝐖𝐢𝐞 𝐡𝐞𝐢ß𝐭 𝐝𝐮?

– Hallo —-. Ich bin Udi.

𝐒𝐜𝐡ö𝐧𝐞𝐫 𝐍𝐚𝐦𝐞. 𝐖𝐨𝐡𝐞𝐫 𝐤𝐨𝐦𝐦𝐬𝐭 𝐝𝐮?

– Aus Haifa. Eine Stadt zwischen Tel-Aviv und Beirut.

𝐄𝐬 𝐦𝐮𝐬𝐬 𝐝𝐢𝐫 𝐦𝐨𝐦𝐞𝐧𝐭𝐚𝐧 𝐬𝐢𝐜𝐡𝐞𝐫𝐥𝐢𝐜𝐡 𝐬𝐡𝐞𝐫 𝐬𝐜𝐡𝐰𝐞𝐫 𝐬𝐞𝐢𝐧. 𝐖𝐢𝐞 𝐟ü𝐡𝐥𝐬𝐭 𝐝𝐮 𝐝𝐢𝐜𝐡?

– Ja, es ist. Seit langer Zeit stelle ich mir die selbe Frage. Das weiß ich nicht.

𝐃𝐚𝐬 𝐯𝐞𝐫𝐬𝐭𝐞𝐡𝐞 𝐢𝐜𝐡. 𝐃𝐚𝐫𝐟 𝐢𝐜𝐡 𝐝𝐚𝐬 𝐆𝐞𝐬𝐩𝐫ä𝐜𝐡 𝐚𝐮𝐟𝐧𝐞𝐡𝐦𝐞𝐧?

– Ja.

𝐖𝐚𝐬 𝐦𝐞𝐢𝐧𝐬𝐭 𝐝𝐮, 𝐰𝐞𝐧𝐧 𝐝𝐮 𝐬𝐚𝐠𝐬𝐭, 𝐝𝐮 𝐛𝐢𝐬𝐭 𝐚𝐧𝐭𝐢-𝐙𝐢𝐨𝐧𝐢𝐬𝐭𝐢𝐬𝐜𝐡?

– Es hat mit meinem Verständnis von Zionismus zu tun. Ich verstehe Zionismus als eine Staatsideologie, die die Überlegenheit von jüdischen Menschen in Israel*Palästina als Voraussetzung betrachtet. Ich bin anti- so einer Ideologie, denn diese ist rassistisch und entsprechend illegitim.

𝐃𝐮 𝐡𝐚𝐬𝐭 𝐯𝐨𝐫𝐡𝐢𝐧 𝐞𝐫𝐰ä𝐡𝐧𝐭, 𝐝𝐮 𝐡𝐚𝐬𝐭 𝐀𝐧𝐠𝐬𝐭, 𝐝𝐢𝐞 𝐊𝐮𝐟𝐟𝐢𝐲𝐞𝐡 𝐳𝐮 𝐭𝐫𝐚𝐠𝐞𝐧, 𝐰𝐞𝐧𝐧 𝐝𝐮 𝐚𝐮𝐟 𝐝𝐞𝐫 𝐒𝐭𝐫𝐚ß𝐞 𝐠𝐞𝐡𝐬𝐭. 𝐔𝐧𝐝 𝐝𝐮 𝐭𝐮𝐬𝐭 𝐝𝐚𝐬 𝐭𝐫𝐨𝐭𝐝𝐞𝐦. 𝐖𝐚𝐫𝐮𝐦? 𝐖𝐚𝐬 𝐛𝐞𝐝𝐞𝐮𝐭𝐞𝐭 𝐝𝐢𝐞𝐬 𝐟ü𝐫 𝐝𝐢𝐜𝐡?

– Ich habe Angst. Vor allem habe ich Angst vor der Gewaltbereitschaft der Berliner Polizei. Ich trage die Kuffiyeh als Symbol einer Widerstandbewegung. Widerstand gegen eine Politik, welche palästinensische Menschen systemisch marginalisiert, dämonisiert, und dehumanisiert.

Ich bin aber mehr als nur die Kuffiyeh. Ich bin auch jüdisch. Ich bin Israeli. Ich bin auch vom Zionismus geprägt. Lange Jahren war Zionismus die einzige Perspektive, die ich kannte. Ich bin queer in dieser Hinsicht. Ich bin eben nicht genau das, was man vielleicht beim ersten Blick erkennt.

Es gibt aber momentan Raum nur für Binarität. Entweder palästinensisch, oder jüdisch. Und das ist ein Symptom des Problems. Die politische Elite Deutschlands spielt uns immer wieder gegeneinander. Als ob wir grungsätzlich Feinde wären. Wir sind das aber nicht. Darf man das überhaupt noch sagen?

𝐃𝐮 𝐡𝐚𝐬𝐭 𝐝𝐚𝐬 𝐬𝐞𝐡𝐫 𝐠𝐮𝐭 𝐳𝐮𝐬𝐚𝐦𝐦𝐞𝐧𝐠𝐚𝐬𝐬𝐭. 𝐃𝐚𝐧𝐤𝐞. 𝐈𝐜𝐡 𝐠𝐥𝐚𝐮𝐛𝐞 𝐝𝐚𝐬 𝐰𝐚𝐫 𝐞𝐬. 𝐖𝐢𝐫 𝐰𝐨𝐥𝐥𝐞𝐧 𝐝𝐚𝐬 𝐳𝐞𝐢𝐳𝐧𝐚𝐡 𝐯𝐞𝐫ö𝐟𝐟𝐞𝐧𝐭𝐥𝐢𝐜𝐡𝐞𝐧. 𝐌ö𝐜𝐡𝐭𝐞𝐬𝐭 𝐝𝐮 𝐥𝐢𝐞𝐛𝐞𝐫 𝐚𝐧𝐨𝐧𝐲𝐦𝐢𝐬𝐢𝐞𝐫𝐭 𝐰𝐞𝐫𝐝𝐞𝐧?

– Nein. Alles gut.

— Heute (20. October) —

𝐇𝐢 𝐔𝐝𝐢, 𝐝𝐚𝐬 𝐢𝐬𝐭 𝐰𝐢𝐞𝐝𝐞𝐫 —-. 𝐔𝐝𝐢, 𝐞𝐬 𝐭𝐮𝐭 𝐦𝐢𝐫 𝐦𝐞𝐠𝐚 𝐋𝐞𝐢𝐝. 𝐃𝐢𝐞 𝐑𝐞𝐝𝐚𝐤𝐭𝐢𝐨𝐧 𝐡𝐚𝐭 𝐝𝐚𝐬 𝐈𝐧𝐭𝐞𝐫𝐯𝐢𝐞𝐰 𝐦𝐢𝐭 𝐝𝐢𝐫 𝐚𝐛𝐠𝐞𝐥𝐞𝐡𝐧𝐭.

– Gilt das für alle Interviews, die du für den Artikel geführt hast, oder nur für das Interview mit mir?

𝐍𝐮𝐫 𝐦𝐢𝐭 𝐝𝐢𝐫. 𝐃𝐢𝐞 𝐑𝐞𝐝𝐚𝐤𝐭𝐢𝐨𝐧 𝐦𝐞𝐢𝐧𝐭, 𝐬𝐢𝐞 𝐤ö𝐧𝐧𝐞𝐧 𝐝𝐚𝐬 𝐧𝐢𝐜𝐡𝐭 𝐯𝐞𝐫ö𝐟𝐟𝐞𝐧𝐭𝐥𝐢𝐜𝐡𝐞𝐧, 𝐝𝐚 𝐝𝐮 𝐝𝐢𝐞 𝐁𝐃𝐒 𝐮𝐧𝐭𝐞𝐫𝐬𝐭ü𝐭𝐳𝐭.

– Was hat es mit dem Interview zu tun?

𝐄𝐬 𝐭𝐮𝐭 𝐦𝐢𝐫 𝐞𝐜𝐡𝐭 𝐋𝐞𝐢𝐝. 𝐈𝐜𝐡 𝐟𝐚𝐧𝐝 𝐝𝐞𝐢𝐧𝐞 𝐀𝐧𝐬𝐢𝐜𝐡𝐭𝐞𝐧 𝐞𝐱𝐭𝐫𝐞𝐦 𝐰𝐢𝐜𝐡𝐭𝐢𝐠. 𝐄𝐬 𝐭𝐮𝐭 𝐦𝐢𝐫 𝐬𝐨 𝐬𝐞𝐡𝐫 𝐋𝐞𝐢𝐝.

– Es tut mir auch Leid.

𝐏𝐚𝐬𝐬 𝐚𝐮𝐟 𝐝𝐢𝐜𝐡 𝐚𝐮𝐟.

– Danke. Du auch.

Open Letter:  People, not “Barbarians”!

Solidarity with the National Speaker of Fridays for Future, Elisa Baş against defamations from the Axel Springer Press!

Under the headline “Climate Activists shocks with accusation against Jews,” the BILD-Zeitung and other Springer media are trying to present Elisa Baş, the press officer of Fridays For Future, as “ignoring history” and “distasteful.” The corresponding article by Julian Lovenich appeared first in the Berliner Tageszeitung (B.Z.), then one hour later in BILD-Zeitung. One day after the BILD article, the editors of Focus Online and the Austrian paper Exxpress, repeated the accusations made in BILD.

Elisa Baş had criticised Josef Schuster, the president of the central council of Jews, from her Instagram account. In a guest commentary for BILD-Zeitung, he wrote: “the barbarians are among us”, and “something must happen.” A photo accompanying the commentary showed a woman waving a Palestinian flag.

Elisa Baş linked the article and added the following comment: “In Germany, there is a mood of pogroms against Palestinians which Schuster is fuelling.”

BILD editor Julian Loevenich construed the following accusation from this criticism: “particularly ignorant of history and distasteful is Baş’s claim of a pogrom, because Jews were murdered in pogroms in the Nazi time. The climate activist is thus comparing the president of the central council of Jews to National Socialists.”

Following the coverage, various people have called for her resignation.

We declare:

  1. Freedom of opinion is a human right, stirring up hatred and racism are not. We reject the calls for Elisa Baş to resign. The climate movement must not be divided. The attack on Elisa Baş is an attack on everyone who is campaigning for a world with climate justice. As climate activists with Jewish, Muslim and other backgrounds, we stand together behind the Fridays for Future national press officer Elisa Baş. The dangerous propaganda by BILD-Zeitung against a young climate activists must be stopped immediately!
  2. The press council must rein in BILD and BZ and stop the agitation against Palestinians.
  3. The criticism of Schuster that, with his statements, he fuels a “mood of pogroms” against Palestinians has nothing to do with antisemitism or forgetting history. The term “pogrom” is older than National Socialism and is also widely used in other contexts.
  4. The term “barbarians” served in the past to dehumanise people under slavery, and to justify colonial history. The connection of BILD-Zeitung and others to this racist tradition is irresponsible and incites an inflammatory mood.

Add your support with your name and organisation / executive council / group under the initial signatories or send your support by e-mail to washidaka@gmail.com

Gender Self-Determination, With Fine Print

Community reactions to the proposed self-determination law


20/10/2023

On August 28, 2023, the Ministry of Family, Seniors, Women and Youth published their drafted Gesetz Über die Selbstbestimmung in Bezug auf den Geschlechtseintrag, colloquially known as the Selbstbestimmungsgesetz (‘Self-Determination Act’; SBGG), a law intended to offer new pathways for transgender, intersex and non-binary (TIN*) individuals to change their legal name and gender identification.

The SBGG intends to replace the Transexuellengsetz (TSG) and the name changes regulated under paragraph 45b of the Personenstandsgesetz (PStG). Name and gender changes under the PstG require only a doctor’s written testimony, however it is only meant to be used by those with an intersex condition. Under the TSG, transgender individuals can apply for a name and gender marker change provided they fulfil the criteria outlined in the law. These criteria include no longer identifying with their sex assigned at birth but rather ‘the other sex’ and having felt ‘compelled to live as such’ for a minimum of three years, demonstrating a high likelihood that their gender identity will not change in the future [1]. Concrete parameters dictating what constitutes ‘living as the other sex’ are absent. 

The application is heard in court. A judge is only permitted to grant the desired changes when presented with two appraisals from experts deemed to have ‘sufficient understanding of  the problem of transsexuality’ (usually psychiatrists or psychotherapists) [2]. Until 2011, medical intervention in the form of sterilisation was mandatory for an application to be approved. Gender related surgical procedures and outward appearance are written into the TSG as grounds that a person be viewed ‘as the other sex’ [3]. Above all, among its many hurdles, the TSG places an individual’s right to legal gender identification which matches their lived experience primarily in the hands of others—the courts, ‘experts’ who are rare and difficult to come by, and the expectations of society. Many applicants leave the process feeling degraded and as though they had to play a role inconsistent with their values in order to have their needs fulfilled.

‘They acted like gender cops,’ says Elias, a Berliner and activist, of the two psychiatrists who provided the appraisals when he changed his name through the TSG in 2016. He recalls feeling pressured to act in a ‘strategic’ fashion inconsistent with his self-image, ‘I felt like I needed to say ‘‘I want to [have sex with] women’’ and act really sad that I couldn’t… I was in my early 20s, trying to survive this legal atrocity, and all the things I had to project, I also projected onto myself.’ The forced projection of a misogynist and restrictive gender identity took a long-term psychological toll on Elias, ‘Years of bad connection to my body started in this process… I had to talk about it in therapy years later, for years.’

Human rights lawyer experienced in LGBT issues and antidiscrimination at the Gesellschaft für Freiheitsrechte (GFF) Soraia da Costa Batista says, ‘Many points in the TSG have already been established as unconstitutional. At present, it sets unreasonable conditions for changes and is a long, laborious legal process associated with high costs.’ The TSG is primarily found to be in violation of Article 2 of the German constitution, guaranteeing the ‘right to free development of personality’. As such, Batista greets some of the proposed SBGG with apprehensive positivity, stating that on the backdrop of the TSG’s multiple constitutional conflicts, ‘Replacing the TSG and process ruled under paragraph 45b PStG  with the SBGG is a great initial achievement and strengthens gender self-determination for trans, non-binary, intersex and agender individuals, in that it offers a unified, unbureaucratic process free from external appraisal. Despite being a milestone, there is room for improvement. Some rules in the SBGG further disadvantage those seeking name and gender changes in comparison to the current legal circumstance.’ 

Given the TSG’s numerous flaws, many members of the TIN* community in Germany awaited the new law with optimism. The most significant positive change is the extraction of the procedure from court scrutiny and expert appraisal; an application based on ‘self-declaration’ before the registrar’s office (Standesamt) will be sufficient should the law come into effect.

Yet reactions from the community have been largely ones of disappointment. The Deutsche Gesellschaft für Transidentität und Intersexualität (German Society for Trans-identity and Intersexuality; dgti) is an organisation which has a strong reputation in furthering professionals’ education on gender diversity and in other work for the betterment of trans lives. In their press release on the SBGG, they greet some changes as improvements, but criticise other areas as ‘worsenings’ in comparison to the TSG, such as the SBGG’s approach to personal data protection. In its so-called ‘prohibition of disclosure’ clause, the SBGG makes a broad exception for the automatic transfer of personal data to a number of federal agencies, including the police, national foreigners registry and the agency for immigration and refugees—an action which the dgti condemns as ‘reminiscent of dark times when lists of queer individuals were kept’.  While other violations of the prohibition of disclosure can be punishable by fine, a difficult burden of proof that intentions were malicious is placed upon the victims of a non-consensual outing.

An article for queer.de by Jeja Klein hypothesises that notifying police databases of changes according to the SBGG could have dramatic consequences for transgender and non-binary individuals. Making this information viewable to public authorities has the potential to incur discrimination and psychological devastation for the affected.

In their statement, nonbinary.berlin highlights a number of ways in which the new law excludes those whose gender is neither entirely male nor female. They note that such individuals are left out of legal and quota provisions and erased from general legislation using the term ‘men and women’ rather than ‘people of all genders’. They voice further concern over restrictions on the rights of 14-17 year-olds in self-determining their own name and documented gender, as well as the erasure of non-binary parents, who are automatically listed as ‘mother’ or ‘father’, only having the option to change to a neutral descriptor of ‘parent’ retroactively.

The Lesben und Schwulenverband Deutschland (LSVD) shares nonbinary.berlin’s stance toward the SBGG’s handling of families and youth.  Their press release further calls attention to queer youth and family rights violations. Individuals 14 and older in Germany are entrusted with a limited degree of legal competence allowing them to participate in aspects of life unavailable to younger children, such as being held responsible for their own criminal actions. The SBGG would require youth 14 to 17 to obtain permission from their legal guardians before pursuing name and gender marker changes. The LSVD demands that ‘youth 14 and older should—unrestricted and with self-determination—be allowed to decide their names and gender markers’. 

A further area of criticism includes a three-month waiting period between an application to change name and gender data and that change being granted. An additional wait period of one year is imposed before further changes can be made in order to prevent ‘misuse’. With many people anticipating the SBGG coming into effect in order to change their personal data, a three-month wait could exacerbate an impending backlog of applications. 

Unanimously, organisations in and for the TIN* community and their allies assert that the needs of those the law affects have not been adequately centred in its infrastructure and that their input has not been taken into sufficient consideration.

Contrary to concerns surrounding the security of ‘women’s spaces’ coming primarily from the political right in anticipation of the SBGG, in 2022 Frauenhauskoordinierung e.V. (FHK, an organisation dedicated to supporting women’s shelters across Germany) released a statement in support of gender self-determination. FHK recognises that in the cultural debate surrounding women’s spaces there is ‘a political attempt to play the needs of women and queer people against one another’, citing the Istanbul Convention’s recognition of trans, non-binary, and intersex individuals as a vulnerable group. In their reaction to the SBGG draft, FHK largely abstains from commenting on whether the specifics of the law were reasonable. They did, however, reaffirm their commitment to providing refuge from gender-based violence for all women, be they cisgender, trans, or intersex. As the FHK notes, who has access to ‘women’s spaces’ lies primarily under the jurisdiction of householder’s rights—such decisions are left to organisations rather than determined by legal gender documentation.

Absent from the debate in Germany is the option of foregoing bureaucracy and legal gender determination altogether. In the Darlington Statement Australian and Aotearoa/New Zealand intersex advocacy groups and activists argue that applying a sex marker to a birth certificate disregards the full spectrum of human gender diversity, and hinders gender self-determination and invites propagation of gender/sex based structural violence. They acknowledge that while such markers are still required, access to diverse legal categorisation must be simplified and available per individual request, as is the wish of TIN* groups in Germany.

To bring the SBGG in line with constitutional law and the interests of the gender diverse individuals, Batista proposes axing the three-month wait period; fortifying the prohibition of disclosure through overarching entitlement to new personal documents by disallowing automatic, blanket transfer of new data to security offices and implementing fines for negligent handling of personal data; and reformation of descent law to correctly recognise queer and gender-diverse parent-child relationships. She also sees in the SBGG an opportunity to open name and gender marker changes to all foreigners residing in Germany.

There is still hope. Per Batista, ‘Changes could still take place in the Bundestag,’ she thus calls for ‘a respectful, factual debate among elected representatives centred around the goal of the SBGG—reinforcement of the rights of trans, intersex, non-binary, and agender individuals!’

A petition backed by more than 350 TIN*, queer and feminist organisations and supporters can be found here.

Footnotes

1 TSG Abs. 1. §1

2 TSG Abs. 1. §2.

3 TSG Abs. 2. §8

Statement on the racist police violence and Repression against Palestinians and Palestine Solidarity in Berlin

Issued by: Palästina Spricht, Jüdische Stimme für gerechten Frieden in Nahost, Jewish Bund, and Palestine Campaign.


18/10/2023

In recent days, there has been massive police violence on the streets of Berlin which has been ridden with anti-Palestinian, anti-Arab, and anti-Muslim racism. At the Ernst-Abbe school, this resulted in a teacher assaulting a student.

The brutality which is being used against Arab and Muslim people is completely excessive. Racial profiling and the brutal arrests are also being used against children and young people. We know already about at least 8 minors who have been affected. The youngest child who has been imprisoned is 9 years old.

The Berlin Senator for Education banned the wearing of traditional Palestinian clothing in all Berlin schools. In her official statement, cultural symbols of Palestinian identity, like the keffiyeh were branded as the glorification of violence and terrorism. This contravenes the rights for children contained in the UN Convention on the Rights of the Child, which allows them to express their own identity in schools.

Since last Saturday (14th October), Israel has already killed over 2,000 people in the besieged Gaza Strip. A video analysis by Human Rights Watch confirms the use of white phosphorous bomb internationally proscribed weapons, with which civilians in densely populated residential areas, have been banned.

The Israeli defence minister called 2 million Palestinians in the Gaza strip “human animals” and threatened to cut off their electricity, water and food supply. Hospitals are closing because they lack the water and electricity they need to care for their parents.

Israel has banned humanitarian help and is bombing the border crossing between Gaza and Egypt – the only passage with which help could be delivered. Israel has announced that it wants to starve a whole region and to deny food and water to its inhabitants, half of whom are children.

Meanwhile, Germany is promising the Israeli government its unconditional support for war crimes and genocide. In addition, on German streets, it is intimidating Palestinian people who are currently losing their relatives.

Palestinians’ rights to opinion and to assembly are being blatantly cut in Berlin with racist justifications. The largest Palestinian community in Europe lives in the capital. Many of them have relatives in Gaza. They have the right to mourn their family and friends and to take their pain onto the streets.

Every day, the Berlin police patrol districts containing a significant number of Arabs, and act violently against their inhabitants as well as against all who show solidarity with Palestine. Every day, dozens of people are arrested on the streets, or dragged from cafés and imbisses. Carrying a Palestine flag or wearing the traditional scarf, the keffiyeh, results in brutal detention.

The alliance of Palästina Spricht, Jüdische Stimme für gerechten Frieden in Nahost, Jewish Bund, Pakestine Campagne, and the Kampagne für Opfer rassistischer Polizeigewalt calls on the public:

“We are experiencing at the moment how our mere existence is being criminalised. Don’t we live in a democracy? How can basic rights be removed so easily when they affect migrant people? Every person in this country who believes in democracy should be alarmed.

We call on the Berlin senate to urgently stop the sweeping criminalisation of Palestinian cultural symbols. We will take legal steps to demand these basic rights. We will be taking legal action against the ban of registered demonstrations.”

Photos of the people arrested in Berlin last week, © Hanif ()

If you have further questions, you can contact the Palestine campaign at pkberlin@protonmail.com.

This statement originally appeared in German. Translation: Phil Butland. Reproduced with permission.