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GERMANY
Northrhine-Westphalia – started a pilot project and established a centre in May 1998, which
was closed in October 1999. The pilot project was discontinued because it was too expensive
to run. Furthermore, counselling provided by NGOs such as the Red Cross and local authorities
proved to be ineffective, and many aliens simply left the Ausreisezentrum after a day or
so. Also, its location in the same building as the asylum home (Asylantenheim) caused some
problems among the inhabitants.
Rhineland-Palatinate – an Ausreisezentrum has been established in Trier with 80 places. It
gives a signal that Rheinland – Pfalz is willing and capable to try new strategies to combat the
problem of deporting foreigners with indeterminate nationality. Abschiebehaft is considered
to be the last instrument and the Ausreisezentrum is less encumbering. Since the Centre was
established in April 1999 a total of 152 people have stayed there. The nationality of 61 could
be solved, 16 of them left Germany voluntarily, and eight persons were deported.
Saxony-Anhalt – since January 2002 a provisional centre has been established.
The purpose of the centres is to gather rejectees’ dependent on public assistance and to encourage
them to leave voluntarily where possible, and to accelerate the provision of travel documents.
Rejectees are kept in these facilities until they decide to return voluntarily or the country
of origin readmits them. If the latter is the case, the deportation is implemented immediately.
According to NGOs assisting rejectees, these facilities have proven to be neither cost effective
nor effective in regard to repatriation numbers. Still the Länder argue that they have a deterrent
effect on rejectees, which as such should encourage their willingness to leave the country
voluntarily.
Framework Agreements with Countries of Origin or Transit
Germany agrees bilaterally on readmission with countries of origin, but also relies generally on
the common approach of the EU to negotiate readmission agreements with third states when
negotiating trade and association agreements.
In addition to the Schengen Agreement, Germany has readmission agreements with all neighbouring
countries of origin. Germany is surrounded by countries of origin that fulfil the requirements
of the safe third-country concept.
German readmission agreements cover only the legal grounds and modalities of implementation
for cases of forced return of nationals, third-country persons and stateless persons, as well as the
transit of persons subject to the safe third-country concept, and stateless persons. Voluntary
return is not covered by readmission agreements.
The Federal Ministry of Interior argues voluntary return does not require a specific legal regulation
or the involvement of the state. In fact, Germany does not cover repatriation under its existing
law. The Federal State and the Länder finance programmes supporting voluntary return,
which are mostly implemented by IOM or by NGOs, as well as by the Länder themselves.
Readmission agreements are negotiated and concluded by the Federal Ministry of Interior,
although representatives of the Länder are also involved in the negotiations. The Länder have
particular difficulties in enforcing return of nationals to some countries of origin with which