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Germany: Turkish worker deported for drawing welfare benefits
By Bülent Kent
3 August 2005
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After six months of Germanys new immigration laws, the
consequences for immigrants and refugees are plain to see. Official
promises that the laws would promote the integration of immigrants
in Germany have proved illusory; the measures are all about making
deportations easier.
The law gives greater powers to the authorities and enables
them to act far more repressively against immigrants and refugees.
A particularly distressing case occurred recently in the city
of Solingen, North Rhine Westphalia; however, it represents only
the tip of the iceberg.
According to a report in the June 25 Solinger Tageblatt,
Turkish immigrant Yusuf Bingöl was deported from Colognes
Wahn airport to Turkey, after living and working in Germany for
35 years. Yusuf Bingöl was not thrown out of the country
because he had committed a criminal offence or because his asylum
application had been rejected. He was expelled simply because
he was unemployed and had claimed welfare benefits.
Yusuf Bingöl came to Germany in 1969 as a 15-year-old,
to join his father who was already working here. Like many of
his generation, he had not completed an apprenticeship, since
with only a short school education and little knowledge of German
he had little chance of finding one.
During his three-and-a-half decades living in Germany, Bingöl
worked as an unskilled labourer for numerous companies. Disaster
struck, however, when at the beginning of January 2005 he applied
for unemployment benefits. According to the Solinger Tagesblatt,
on January 17 he received notification from the authorities that
his residency permit would not be extended, since he was no longer
able to provide the financial means for his stay. The official
communication said he was obliged to leave the country
and threatened deportation should he disregard the notice. I
have never experienced such a thing, said Bingöls
attorney.
Since Yusuf Bingöl did not follow the instruction to leave
the country, he was deported by the authorities to Turkey. Under
the existing laws and new Hartz IV labour reforms,
the deportation is completely legal, regardless of the fact that
Bingöl had lived in Germany for 35 years and bore no responsibility
for becoming unemployedthe only reason he claimed social
security benefits.
The previous legislation governing immigrants rights
also gave the authorities the discretion to deport someone if
an immigrant applied for social security benefits for himself,
his relatives residing within Germany, or for persons in his household
whom he was responsible to maintain.
However, this power was only rarely used. It mainly served
to intimidate and put foreigners under pressure to accept poorly
paid jobs.
This passage can also be found almost word for word in the
new legislation, where it reads that a foreigner may be deported
if his stay impairs public safety and order or other substantial
interests of the Federal Republic of Germany. These interests
are substantially impaired when a foreigner
claims social security benefits for himself, his relatives or
other household members.
According to this logic, the receipt of welfare benefits due
to unemployment is not regarded as a social right, but as in the
Middle Ages is looked upon as an act of grace which actually runs
counter to the interests of the state. Those claiming such benefits
are consciously defamed as disturbing public safety and order.
Solingens Commissioner for Immigrants, Anne Wehkamp,
regards the entire affair with great unease, even if the authorities
behaviour was completely legal. If people live among us
for such a long time, they must enjoy the same rights and obligations
as German citizens, she argues.
Yusufs younger brother, Kenan Bingöl, was shocked
by the inhumane contempt of the present immigration policy and
expressed his indignation, We dont understand why
he was deported. He has never been convicted [of any crime], he
worked and paid taxes, for years he never sought any assistance.
His brothers and sisters, nieces and nephews live here, and his
25-year-old daughter. He is a stranger in Turkey.
A spokesperson for the Solingen authorities, Achim Salzmann,
justified the brutal action: Yusuf Bingöl did not react
in time and provide the necessary evidence. Also, he only involved
his attorney after February 7. In addition, the administrative
tribunal in Düsseldorf has confirmed the position taken by
the authorities in Solingen. Cynically, Salzmann added, If
he can prove he has work or someone will guarantee to cover his
living costs for five years, we will examine things again, so
that Yusuf Bingöl could re-enter the country.
In other words, the authorities are prepared to readmit Bingölbut
only as long as he can be used as cheap labour and refrains from
claiming any of his social rights.
Discrimination against immigrant workers
In the 1960s, when German industry suffered from a labour shortage
and companies were forced to concede better wages, the authorities
began a policy of recruiting so-called Gastarbeiter
(Guest workers) from Italy, Greece, Spain, Portugal, Yugoslavia
and Turkey.
By 1971, some 420,000 Turkish workers had arrived in Germany
in this way. In November 1973, at the peak of the international
economic crisis, the government under Chancellor Willy Brandt
(Social Democratic Party) ordered a recruitment ban on such immigrant
workers. At the time, immigrants ranked behind Germans when it
came to filling public sector jobs, a situation that still persists.
This discriminatory policy was not just restricted to jobs, but
also extended to denying social security benefits. Immigrants
had to fight for years to gain the right to a pension, unemployment
pay and health insurance.
Moreover, the granting of work permits became ever more restrictive.
For example, under policies adopted by the Helmut Kohl Christian
Democratic government, family members who came to Germany to join
their relatives would not be given a work permit for five years.
This was a clear attempt to undermine the internationally valid
right of family unification and to hinder the influx of the spouses
and children of Gastarbeiter living in Germany. The
same policy still applies to refugees who are, as a rule, not
only refused a work permit but receive welfare payments at 30
percent below the rate paid to Germans.
Along the same lines, the government and media try to scapegoat
immigrants and refugees, blaming them for high unemployment in
Germany.
Workers without a German passport have thus been the first
to feel the results of economic crises generally and, more recently,
the specific effects of globalization. At the end of the 1980s
and into the 1990s, when a great deal of industrial production
was rationalized and transferred from Germany to other countries,
workers were played off against each other in order to push down
wages and extend working times. Immigrant workers were the first
to be sacked. This section of the population today is afflicted
by particularly high levels of unemployment and poverty.
In a discussion with the Turkish daily paper Evrensel, the
director of the Centre for Turkish Studies described the social
situation facing Turkish immigrants in Germany.
While unemployment at the beginning of 2005 averaged 12 percent
in Germany as a whole, among Turks it was 31 percent. Among jobless
people of Turkish origin, a third were long-term unemployed, looking
for work for over one year. In absolute figures, some 216,000
Turkish immigrants are drawing reduced unemployment benefits.
If one assumes an average family consists of four members, this
means around 864,000 are dependent on such benefits.
In addition, there are 215,000 Turkish retirees, who receive
an average monthly pension of 526. As a rule, this income
has to provide living expenses for two, making some 430,000 people
dependent on pension payments that fall below the poverty line.
If one adds these figures together, approximately 1 million people
of Turkish origin are now living in Germany below the poverty
line.
A government report into wealth and poverty found that almost
one in four immigrants should be considered as poor, since their
household income was less than 60 percent of the average income.
The ratio rose from 19.6 to 24 percent between 1998 and 2004.
More than 615,000 immigrants are dependent on welfare payments,
a ratio of 8.4 percent, nearly three times as high as those holding
a German passport.
Children and young people from immigrant families are clearly
disadvantaged when it comes to education. Among school leavers
in 2002, 20 percent of those from immigrant families left high
school without graduating; among German-born youth, only
10 percent fail to graduate. Things do not look much different
when it comes to an apprenticeship, let alone obtaining a place
in university. The chances of gaining an apprenticeship have considerably
worsened for young immigrants in recent years, dropping from a
ratio of 10 percent in 1994 to approximately 6.5 percent in 2002.
Today, only one in three have a chance of gaining an apprenticeship.
This inequality in accessing education and training is directly
linked to the risk of poverty. Some 60 percent of immigrants drawing
welfare benefits have no formal job training. Increasing flexibility
and deregulation of the job market hits immigrants and refugees
particularly hard. Often they have only temporary employment and
fluctuate between work and unemployment, living at or near the
subsistence level. With the introduction of the Hartz IV labour
reforms, they now face the prospect of outright pauperization
or being forced to accept low-wage jobs.
Germanys restrictive immigration laws, which make it
possible to simply deport immigrants who become unemployed and
claim welfare, are the most potent weapon of the ruling elite
for intimidating and suppressing foreign workers. The fact the
authorities in Solingen have now made use of this weapon by deporting
Yusuf Bingöl is neither an isolated case nor is it a coincidence.
The systematic destruction of all rights pertaining to immigrants
and refugees opens the way for attacks on the social and democratic
rights of all working people. The working class can only defend
its rights if it takes responsibility for the fate of the millions
of immigrants and refugees living in Germany and throughout Europe.
See Also:
Germany begins deportations
of Afghan refugees
[25 June 2005]
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