Compromise on asylum guarantees protection for victims of political persecution
Amendment of the Basic Law (Grundgesetz) intended to prevent abuse of the right to asylum
The goal of the 1993 amendment of the Basic Law aimed to continue to provide protection for foreigners who really are victims of political persecution, whilst preventing abuse of asylum. It was needed because of the sharp increase in the number of asylum applicants, reaching almost 440,000 in the previous year. On 6 December 1992, the CDU, the CSU, the SPD and the FDP reached a compromise to amend the law on asylum. In addition to amending the Basic law, it was also a matter of further accelerating the asylum procedure, including the court proceedings.
Amendments to the Basic Law
Also after the amendment, Article 16a para. 1 of the Basic Law continues to guarantee the right of asylum to those who have been politically persecuted. The scope of protection for asylum applicants was however restricted, and the regulations concerning sub-areas of the asylum procedure were reformed:
- Foreigners entering via safe third states in which they are not persecuted but can find protection do not have a right to asylum. According to the "first country concept", a refugee must seek protection in the state in which he/she first entered "safe territory" after fleeing from his/her home country.
- Parliament may draw up a list of safe countries of origin. It must appear to be guaranteed that people are neither politically persecuted nor treated in an inhuman or degrading manner there. The criterion applied to this is the legal situation, the application of the law and the general political circumstances in that country. The presumption that the asylum applicant was not threatened with political persecution in such a safe country of origin may be refuted. Deportation may only be suspended if there is serious doubt as to the lawfulness of the measure.
- An opening under international law was made possible on ratification of the Schengen Implementation Agreement and of the Dublin Convention on Asylum. Germany assumed all the rights and obligations emerging from these instruments.
Amendment to the Asylum Procedure Act (Asylverfahrensgesetz)
On the basis of the major organisational changes to the asylum procedure which had already entered into force as per 1 April 1993, further new provisions were introduced as per 1 July 1993 to streamline and accelerate the procedures. The following provisions formed the cornerstones of this reform
- sec. 26a of the Asylum Procedure Act on safe third states
- sec. 29a of the Asylum Procedure Act on safe states of origin
- sec. 18a of the Asylum Procedure Act on the airport procedure.
