SDG 16
Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels
§ Disarm and join nuclear weapons ban treaty
U.S. nuclear bombs are stored at the Bundeswehr air base in Büchel. The German government is planning to acquire 45 U.S. F 18 fighter aircraft as nuclear weapon carriers for the Bundeswehr's tactical air squadron 33, which is part of the so-called nuclear sharing. In October 2020, nuclear war was repeatedly practiced in the military maneuver "Steadfast Noon." At the same time, the German government has still not signed the Treaty on the Prohibition of Nuclear Weapons, which was adopted by the UN General Assembly in 2016 and has since entered into force through numerous ratifications. An active peace policy requires disarmament instead of rearmament. Germany must become nuclear weapons-free and join the Treaty on the Prohibition of Nuclear Weapons. Peace must be promoted by intensifying dialogue, cooperation and the fight against structural causes of conflict. The EU must again be strengthened as a project of social peace and respect and protect common democratic, constitutional and humanitarian values.
For further reading and discussion:
https://www.icanw.de/neuigkeiten/der-atomwaffenverbotsvertrag-trittin-kraft/
In 2019, the German government unveiled revised principles for the export of war weapons and other military equipment that were intended to tighten existing practices. However, more arms export licenses were issued in 2019 than ever before. This discrepancy between rhetoric and actual approvals clearly shows that Germany is far from a restrictive arms export policy committed to human rights. It is therefore time for Germany to adopt a restrictive arms export control law that prevents arms exports to war and crisis zones. It also needs an international ban on lethal autonomous weapons systems. Contrary to what was agreed in the coalition agreement, the German government has so far not voted in favor of such a ban at the international negotiations on the UN Convention on Conventional Weapons (CCW negotiations) in Geneva.
For further reading and discussion: https://www.frient.de/artikel/anhaltend-hohe-genehmigungswerte-furexporte-in-kriegs-und-krisengebiete
https://www.frient.de/artikel/ misereor-setzt-sich-fur-die-kampagne-killer-roboter-stoppen-ein
§ Arms Control Act
§ Creation of an independent complaints body on the police and police reform.
An independent complaints body on the police can make visible the experiences of affected people with racial profiling and other violence and at the same time help to recognize racism in the police as a structural problem rather than a series of individual cases. For such a body to be truly effective, it is necessary to equip it with sufficient skills. On the one hand, this means that the employees of this office must be allowed to question witnesses and on the other hand, they must be given access to the files. This is the only way to ensure that racist acts are followed by legal consequences. Furthermore, it must be ensured that the complaints office is independent of other state institutions, but at the same time has sufficient financial resources. In addition, the complaint office should only serve those affected and not simultaneously function as a complaint office for police officers. Another possibility to combat racial profiling is the abolition of the paragraphs in the respective state police laws that authorize the police to determine "crime-ridden" (also "dangerous") places where suspicionless checks can be carried out. At the federal level, Articles 22 and 23 of the Federal Police Act additionally allow suspicion-independent checks to be carried out by the federal police in border areas, airports, trains as well as freeways in order to prevent illegal entries. In practice, these regulations often lead to racially motivated controls.
For further reading and discussion:
https://www.institut-fuer-menschenrechte.de/fileadmin/_migrated/ tx_commerce/Unabhaengige_Polizei_Beschwerdestellen.pdf
The use of right-wing symbols or propaganda material is generally prohibited. Unless someone wants to clearly express their opposition to right-wingers. Right-wingers use symbols and codes to display their views among themselves and in public. They do this with symbols or signs, such as the swastika or the SDG 16 double sig rune. This also includes typical greetings and slogans, pictures or busts of Adolf Hitler. These markings and symbols may not be used. Prohibited license plates may not be passed on to third parties in public. German criminal law has two paragraphs for dealing legally with extreme right-wing statements and symbols: Section 130 of the German Criminal Code (StGB) and Section 86a of the German Criminal Code (StGB). But what appears to be clearly regulated by law is often controversial in legal dealings. In view of the continued proliferation of right-wing symbolism, especially various substitute symbols for banned signs, and the insufficient prosecution under criminal law, there is a need for a reassessment and tightening of the criminal code with regard to right-wing symbolism.
For further reading and discussion:
https://www.recht-gegen-rechts.de/gesetze-gegen-rechts/symbolestrafbar-oder-erlaubt.html
https://dasversteckspiel.de/die-symbolwelt-3.html
§ Tightening of the Criminal Code with regard to the use of right-wing symbolism.
§ Reform of the Freedom of Information Act
The Federal Freedom of Information Act (IFG) offers citizens an unconditional right to information. However, it has numerous exceptions and restrictions and must be further developed into a genuine "federal transparency law". For example, the IFG currently only applies to federal authorities and performs particularly poorly in terms of information rights. Among other things, electronic file management and the proactive publication of information are missing. There is neither practical application assistance nor 138 information in the case of longer processing times. In addition, there is no threat of sanctions if an authority does not meet the response deadline. A comparison with state transparency laws, such as those in Hamburg or Schleswig-Holstein, shows that significant improvements are possible.
For further reading and discussion:
https://transparenzranking.de/
The changes to non-profit law adopted in 2020 as part of the Annual Tax Act make the work of many non-profit associations and foundations easier and relieve them of unnecessary work. However, the changes do not solve all problems by a long shot. On the positive side, there are five and a half new purposes, including climate protection and help against discrimination based on gender orientation/identity. Other new purposes, such as promoting human rights, are missing. There is also a lack of legal clarification on political activity for charitable purposes. In order to create more legal certainty, the following is needed: First, a clarification in the law that one's own charitable purposes may also be pursued predominantly or exclusively with political means, as long as the distance requirement to political parties is observed. These means can include, for example, demonstrations or demands on parties and parliaments. This does not include participating in elections themselves. Secondly, the clarification that non-profit organizations may, by way of exception and on occasion, engage in activities for purposes other than their own non-profit purposes. Third, the inclusion of other nonprofit purposes important for social cohesion, such as human rights, social justice, or peace. These purposes are unquestionably charitable and this should be reflected in the tax code. By calling for the inclusion of climate protection, local beautification or assistance for people who are discriminated against on the basis of their gender identity or gender orientation, the Federal Council already recognizes that not all (partly new) social issues are sufficiently clearly expressed in the tax code.
For further reading and discussion:
https://www.forumue.de/wp-content/uploads/2020/11/GemeinsamesStatement-Gemeinnuetzigkeitsrecht.pdf
https://www.zivilgesellschaftist-gemeinnuetzig.de/gemeinnuetzigkeit-das-aendert-sich-2021/