Saturday, July 11, 2020

Germany’s evolving fight against the far-right extremism

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Inshiya Nalawala

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Germany’s evolving fight against the far-right extremism

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Global Views 360

Publication Date

July 11, 2020

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Holger Munch, President BKA, Germany

Holger Munch, President BKA, Germany | Source:  Olaf Kosinsky (kosinsky.eu) via Wikimedia | Under Licence: CC BY-SA 3.0-de

Several shocking incidents of attacks on racial or religious minorities in Germany are making headlines for the last few  years.

In June 2019, a pro-refugee regional official Walter Lübcke was gunned down at his home in Central Germany by a 45-year old man, Stephan-Ernt’s. According to the prosecutor, Dr. Walter Lübcke's argument in favor of accommodating refugees in the town of Lohfelden had instigated xenophobic and extremist thoughts in the mind of his killer.

Two people were killed by a heavily armed man during a failed attempt of massacre at a Synagogue in the city of Halle in October 2019. In yet another shootout, nine immigrants and ethnic-minority Germans were killed during an unrestrained shooting in Hanau on 19th February 2020.

The government investigations and media reports blamed individuals linked or influenced by the far-right extremists groups for these attacks.

In November 2011, government Investigations revealed that National Socialist Underground(NSU), a Neo-Nazi terrorist group has fuelled the Nazi idealogy for decades and is responsible for various killings including murders of immigrants and foreigners.

Another far-right group known as the Frietal Group, launched attacks on refugee shelter houses and political opponents in the town of Saxony in 2015, claiming that they are protecting Germany from foreigners.

The German law enforcement authority also arrested members of the Revolution Chemnitz in 2018, who were allegedly planning attacks on immigrants, journalists and political opponents. Eight members of the group were sentenced to several years in prison by a court in Germany on 24th March 2020.

Looking at the rampant spread of hate, Holger Munch, the president of Federal Investigative Police Agency of Germany (BKA), accepted that suspects of the right-wing extremist under the observation of BKA have increased from 4 in 2012 to 46 in 2020, adding that “the far-right poses a pernicious and growing threat with 3 acts of far-right violence every day”.

In order to curb the spread of hatred, xenophobia, and anti-semitism by the right-wing activists, the German Government drafted a nine-point strategy to combat the recent.

The key aspects of the nine-point strategy a) Internet Service Providers to report any hate speech forwarded/shared on Social Media or the Internet along with the IP address of the wrongdoer to the government authorities, b) Tighten Gun laws with a mandatory check on requests to keep arms by the domestic intelligence police (BfV) was another stance of the government, c) Revising the existing prevention programs aimed to tackle right-wing extremism, and d)  Special protection for the politicians at local, state, and federal level who were considered to be under the threat from right-wing extremists.

The BKA President, Holger Münch said that by deploying a police patrol team online just like police officers patrol streets, the government can ensure promising results. With the increase in funding and personnel in Germany’s security apparatus sanctioned in the state budget discussion 2020, Münch reflected optimism that agencies could now work better and more efficiently in battling crime and violence.

Keeping aside the various controversies, it is also imperative to acknowledge the efforts of Dortmund, a western city in Germany, in curbing the rising trend of far-right extremism. Dortmund being an important city in the country invited migrants from Turkey and Southeast. More than 3000 immigrants from over 70 countries including Iraq, Syria and Afghanistan live here making it a hotspot, attracting xenophonic and far-right crimes.

In 2015, a special task force was set up in Dortmund to take action against far-right extremists and the city to a large extent has been successful in curbing their activities. According to the city's police chief, Gregor Lange, Offenses such as sedition, verbal assault, racist propaganda, and damage to property were down by 25%. Violent crimes such as arson and bodily assault went down by 35% year-on-year. The drop is even more impressive compared to five years ago, when figures were 50% and 80% higher, respectively.

The success of Dortmund city in fighting far-right extremism gives a hope that the nationwide implementation of nine-point strategy will help in curbing the rising trend of violent extremism in Germany

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March 4, 2021 4:43 PM

Does giving the Lieutenant Governor more authoritative power have an impact on India's Federal structure?

On 3rd of February 2021, the NCT bill cleared by cabinet along with 20 other bills proposed to be introduced in the parliamentary session. The amendment was passed on 9th of February in the Rajya Sabha.

“The Bill proposed to amend the Government of National Capital Territory of Delhi Act, 1991, in the context of judgment dated 14.02.2019 of Hon’ble Supreme Court (Division bench) in Civil Appeal No 2357 of 2017 and other connected matters.”

The article explains the timeline and the practical implications of the NCT Amendment Act 2021 on the federal structure.

The Centre's amendments to the NCT of Delhi Act, gives more powers to the Lieutenant Governor and Delhi’s Kejriwal government were totally against the amendment as due to their bitter experience with the previous and current LG.

The Arvind Kejriwal government described the NCT Bill, as a murder of constitutional democracy and accused BJP of secretively drafting the amendments so as to govern Delhi in an unconstitutional manner using the LG's office.

The new amendment is expected to now clearly define the powers and functions of the Lieutenant Governor and the Delhi Government based on the 2019 judgement. The amendments add a category of bills, which fall outside the ambit of Delhi legislative assembly and which the Lieutenant Governor must reserve for consideration of the President. This category is supposedly added for the sake of “better governance” and to reduce potential conflicts. The amendments also specify that the elected government needs to send legislative proposals to Lieutenant-Governor (LG) at least 14 days in advance to seek his opinion and avoid any delays.

The tussle between the Delhi government and the Centre reached the Supreme Court 2017. The honourable Supreme court defined the role of the LG in Delhi and ruled that the LG cannot interfere in every decision of the Delhi Government. The tussle between the Union and Delhi government has that Article 239 AA of the Constitution at its core. The Article 239 AA gives Delhi the special recognition of a Union Territory with a Legislative Assembly that has a lieutenant governor as its administrative head.

In July 2018, a five-judge Constitution bench of the Supreme Court led by Chief Justice Dipak Misra stated that the lieutenant governor’s powers in the National Capital were only limited to land, police and public order.

“The lieutenant governor must work harmoniously with the elected government. The LG is the administrative head but can’t act as an obstructionist”, the bench stated. The supreme court also stressed upon the fact that the power and status of the LG was different from the state governors. They mentioned that the Lieutenant Governor must not be an obstructionist and must work harmoniously with the Delhi government. “There is no room for absolutism and no room for anarchy,” the bench stated. The verdict is not complete yet as the issue of services divided the bench that delivered the order and the matter is now addressed by a three-judge bench on the Supreme Court which has not concluded the hearing yet.

So far, the AAP has argued that former LG Najeeb Jung and the current LG Anil Baijal are undermining the federal structure of the Republic of India by objecting the decisions made by the Delhi government and overruling their authority in bureaucratic matters.

Former LG of Delhi with Prime Minister Modi | Source: Wikimedia

In July 2013, Najeeb Jung took charge as the LG of Delhi and Arvind Kejriwal swore in as the Chief Minister (CM) of Delhi in December 2013. After 49 days of governance, Arvind Kejriwal stepped down as his minority government was unable to pass the anti-corruption legislation due to lack of support provided by other political parties. In February 2015, the Aam Aadmi Party came back to power by a staggering majority of 67 out of 70 seats. However, the party faced a higher veto obstruction while making several decisions. In May 2015, LG Jung annulled all the bureaucratic postings by Delhi government and stated that power to appoint and transfer rests with him.

In June 2015, five officers of Bihar Police joined Delhi Government’s Anti-Corruption Branch (ACB). Jung rejected their employment at the ACB claiming that he was the person in charge even before the new amendment. In the same month, the Delhi government replaced the Home Secretary Dharam Pal and Jung obstructed the decision by vetoing the order. When the AAP government decided to hike circle rates in Delhi for agricultural land, the former LG Jung objected to the decision although the State government has the complete authority to take such decisions. In another instance in 2016, Jung set up a panel to probe over 400 files related to decisions taken by Delhi government. The CM of Delhi deemed it to be illegal.

Kejriwal and the AAP government blamed the former LG and Prime Minister Narendra Modi for the CBI raids of his office, FIRs filed by ACB against Arvind Kejriwal and former Delhi CM Late Sheila Dikshit in water tanker scam, restriction of control on appointing state bureaucrats and general obstruction of decisions.

Anil Baijal, the now LG of Delhi with Defence Minister Rajnath Singh | Source: Wikimedia

On 31st December 2016, Anil Baijal swore in as the Lieutenant Governor of Delhi. While the tussle between AAP and the LG continued, the alleged assault of Chief Secretary Anshu Prakash by AAP leaders at CM Arvind Kejriwal’s residence in February 2018 gave a new momentum to the tug of war.

Following the incident, the IAS association reportedly skipped routine meetings with ministers as a mark of protest but claimed that they have not suspended work. Before that, on December 2017, the turf war between Kejriwal and Baijal reached Parliament, with a Rajya Sabha member claiming that the CM was being treated like a “peon”.

In 2018, the AAP government demanded LG’s approval for the proposal for doorstep delivery of rations and also demanded grant of complete statehood for Delhi and installation of CCTVs. Baijal did not approve both the demands directly and further complicated the process. Kejriwal stated that the LG rejected the demands over “petty-politics”.

In June 2018, Delhi CM Arvind Kejriwal sat in a nine-day long hunger strike at the Lieutenant Governor’s office against the “strike” by IAS officers and Kejriwal wrote to Prime Minister Narendra Modi, requesting him, “with folded hands”, to intervene and end the agitation of the IAS officers.

The Aam Aadmi Party argues that the BJP is hell bent on ruining efficient governance of Delhi through the LG. Critics believe that the tussle has failed the federal system of our Democracy.

Chief Justice Dipak Misra, Justice Sikri and Justice Khanwilkar, in their written opinion devoted a significant portion to explain the understanding of federalism, and its fusion with democracy to achieve an “egalitarian social order”. According to our Constitutional scheme neither the States isolated islands, with their distinct vision, nor the Union government can make decisions that are meant to affect the interests of the States. The Chief Justice highlighted that there should be a sincere effort to avoid conflict and not encroach on each other spheres in a collaborative framework of federalism. To exercise authority, “there should be perception of mature statesmanship so that the constitutionally bestowed responsibilities are shared by them.” To attain the ideal balance in a federal structure, the Chief Justice suggested the Union and the States to have “mutual respect and deference to actualise the workability of a constitutional provision.”

Collaborative federalism involves healthy negotiation and coordination between the Union and State governments to ensure that the governance works within the circumference of the Constitution and in harmony.

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