Friday, September 22, 2017

German Government Says Merkel Had No Legal Basis For Allowing In Refugees



The German parliament's expert legal advisory service has said that the legal basis for Chancellor Angela Merkel's decision to allow a group of refugees to travel into Germany in September 2015 is yet to be clarified.
The 11-page Bundestag report, published on Friday just two days before Germany's national election, centers on the question of whether the parliament should have been allowed to vote on Merkel's decision, or whether it was within her authority to open the border unilaterally.
The constitutional issue at stake is whether the decision was something that "fundamentally" affected German people's basic rights. If it was, according to the German constitution, the parliament would have had a duty to vote on it.
The Bundestag did not answer this question explicitly, but it did refer to a ruling made by the Constitutional Court on the issue of allowing families of refugees to reunite, which said, "it is dependent on the decision of the legislature whether and to what extent there is a limit on the proportion of non-Germans of the entire population allowed to enter." If that it is the case, then the Bundestag should have been allowed a vote on the matter.
In fact, Merkel's decision to open the borders – in the midst of a developing humanitarian crisis as refugees from Syria and elsewhere began to make their way from Budapest towards Germany and Austria on foot – was taken only after consultation with senior government ministers, specifically Interior Minister Thomas de Maiziere and Vice Chancellor Sigmar Gabriel.
Friday's Bundestag report also said that the German government had yet to offer its own legal justification. It added that the Interior Ministry did have legal powers to make the decision unilaterally, but failed to use them.
This legal fog will be seized on by the Alternative for Germany (AfD), the far-right party likely to enter the Bundestag after Sunday's election, whose leading candidate Alexander Gauland has already declared an intention to start a parliamentary inquiry into the "political background" behind Merkel's refugee policy in 2015.
Constitutional lawyer Uwe Lipinski said the issues raised in the Bundestag were a "significant concern."
"The problem is that Merkel, from all that we know, ordered the opening of the borders herself, without asking the parliament beforehand, and without at least making an application to suspend the legal regulations that would pertain to allowing such people to enter," he said.
Those legal regulations, Lipinski pointed out, are made clear in Germany's asylum laws, which say that asylum seekers are to be refused entry if they are traveling from a third country that is deemed safe. The fact that many of the refugees, including families with children, were forced to sleep rough on the streets and parks around Budapest's Keleti railway station at the time was not legally relevant.
 http://efinews.net/component/content/article/8-europe/352-german-government-says-merkel-had-no-legal-basis-for-allowing-in-refugees?Itemid=101

Christian Schools Are Feeding Pupils Halal Meat

Non-Muslim children at Christian schools may have been fed halal meat from animals that were not stunned before slaughter without their parents’ knowledge, according to a county lawmaker.

Conservative leader of Lancashire County Council Geoff Driver has said he has been contacted by parents from the several Church of England and Catholic schools in the county over concerns their children may be eating meat prepared according to Islamic law without them knowing.
“They are asking, ‘My child goes to school where there are a lot of Muslims. Is my child eating meat from animals that weren’t stunned?’ I am afraid the answer may be yes,” Mr. Driver told The Times.
The Tory lawmaker said schools should be obliged to obtain the consent of parents before serving non-stunned halal to non-Muslim pupils. “My suspicion is that some schools are simply just buying all halal meat because it’s the easiest thing to do,” he said.
The church schools are amongst 27 schools, with a total of 12,000 pupils, in Blackburn, Nelson, Burnley, Rawtenstall, Hyndburn, Clitheroe, and Preston, who are serviced by a supplier under a contract with the council which supplies unstunned halal meat.
Photo published for Austrian City Bans Pork in Kindergartens to Accommodate Muslim Children - Breitbart
Members of Lancashire County Council are set to vote on whether to ban halal meat from animals that have had their throats slit without being stunned, with the council still supplying halal meals for Muslim pupils produced from animals that have been humanely slaughtered.
However, this fails to meet the Lancashire Council of Mosques’ (LCM) interpretation of Islamic law, with Muslim families and pupils threatening to boycott the school meals.
The LCM named several Catholic and Anglican schools that served non-stunned halal meat. Chairman Abdul Qureshi claimed Councillor Driver was on a “crusade” and asserted that the Christian faith schools had “many, many Muslims now. Some of them are 50 per cent Muslim, some may be even more.”

The Times reached out to the Christian schools listed by the LCM, but none were able to respond definitely if halal food was being fed to non-Muslim or Christian pupils, with one headteacher responding that he did not know because the decision was made by the dinner ladies.
http://www.breitbart.com/london/2017/09/22/christian-schools-serve-pupils-halal-meat/

‘If in Doubt, Treat Them as a Minor’: European Body Orders End of Migrant Age Tests

The Council of Europe has spoken out against performing medical tests on migrants to determine their age, claiming youths could be “frightened and unsettled” by the process.

In a report published Wednesday on age tests, the children’s rights committee of the council said unless there is evidence that the person is an adult, asylum seekers claiming to be under 18 should “be given the benefit of the doubt and presumed to be a child”.
Alleging that age assessments “may be frightening and unsettling for children”, the report recommends the process should take place “only if a best interests assessment concludes [it] is required in order to promote the best interests of the child”.
Photo published for 'Child Refugees' Rampage, 'Demolish' Housing Over Lack of Game Consoles - Breitbart
And only as a “last resort” should EU nations use “invasive” medical age assessment methods  — such as dental examinations and X-rays  — according to the report, which concludes that “the ultimate goal of any procedure should be to ensure the protection of the person’s rights”.
Additionally “gender, culture, personal stories and family background of the children must be taken into account”, recommends the report, which will inform the Council of Europe’s work in developing pan-European guidelines on age assessment “which respect children’s rights in the context of migration”.
Based on a survey of 37 EU member states in spring 2017, it examined at how countries assess the ages of migrants lacking identification papers who say they are under 18.
Photo published for Gangs of 'Unaccompanied Minors' Beating, Robbing Women in Montpellier - Breitbart
“Age assessment procedures must not be forced,” the report insists, lamenting that only in 27 of the countries surveyed is it required that “the child and his/her guardian” give consent.
“Upon refusal, the child should not have to fear direct or indirect negative consequences resulting from the refusal,” states the document, instructing that “the presumption of minor age should be upheld” in such cases.
Earlier this month, the Afghan asylum seeker on trial for the rape and murder of a medical student in Germany admitted he lied about his age, explaining that he pretended to be a child because “the situation is better” for migrants claiming to be under 18.
In Sweden, medical tests to assess migrants’ ages  — which were brought in following two murders by “unaccompanied minors” who turned out to be adults  — revealed that the vast majority of migrants in disputed cases are over 18.

Testing 1,481 self-declared children in an assessment that involved an MRI of the knee joint and an x-ray of wisdom teeth, the country’s National Board of Forensic Medicine reported that 86 per cent were adults, and had lied about their age.
http://www.breitbart.com/london/2017/09/22/europe-orders-end-migrant-age-tests/

Ambassador John Bolton: ‘I Don’t Know What’s Wrong with Theresa May… A Disappointment’

Former U.S. Ambassador to the United Nations John Bolton called Prime Minister Theresa May’s criticisms of President Donald Trump at the UN General Assembly “disappointing” and said he “doesn’t know what’s wrong” with her government.

Speaking on Sirius XM Patriot, Mr. Bolton discussed the British prime minister using her platform at the UN assembly to lecture and hector President Trump on pulling out of the Paris Climate Accord and the United States’s refugee policy, only days after a refugee allegedly bombed a London tube train.
Breitbart News Daily host and Breitbart London Editor in Chief Raheem Kassam asked Ambassador Bolton what “level of stupidity” May was exhibiting by insulting the main partner the UK will need in a post-Brexit world on the UN General Assembly stage.
“I don’t know what’s wrong with Theresa May’s government,” Bolton said. “It’s been increasingly disappointing to me.“Were it not for the critical Brexit negotiations I think there would have been a revolt in the conservative party and in government. There would have been a revolt long ago.”
The prime minister has seen a negative reaction to advance previews of her forthcoming Florence speech, expected Friday afternoon, as it has been revealed she plans to keep the UK in the European Union until 2021.
A point of contention in the speech is expected to be the ‘divorce bill’ — a sum of money demanded by the EU from the UK as a price for leaving the bloc, the payment of which may be illegal in British law.
The former ambassador added that on the matter of the Paris agreement, it is ” just one more step by the global governance crowd who want to remove decision-making from sovereign nations.”
“The kind of decision-making Trump talked about on Tuesday, and put it in a supranational organisation, like their favourite, the European Union,” Mr. Bolton added.
http://www.breitbart.com/london/2017/09/22/amb-john-bolton-dont-know-whats-wrong-theresa-may-disappointment/

Europe: Muslim Reformers Need Police Protection

by Giulio Meotti
  • Seyran Ates, a moderate imam, has received "300 emails per day encouraging me to carry on," but "3,000 a day full of hate," some with death threats.
  • In Germany, it is not the Muslim supremacists, such as those who preach killing homosexuals, who have to live under police protection; it is the Muslims who criticize the supremacists. The only "crime" these concerned Muslims committed was to exercise their democratic right to speak -- not in Iran or Syria or Iraq -- but in Europe.
  • These reformers try to keep alive the values of the Enlightenment -- freedom of speech, separation of religion and state, equal justice under law -- to break through the coerced silence of Islam, in which "blasphemy" is punishable by death. The price, however, has been exile, torture, ostracism, public marginalization, and too often life itself. Where are the "moderate Muslims"? In the Muslim world, they are in prison, in exile, in flight. In Europe, these genuine "moderate Muslims" have to live under police protection. Multiculturalism for them is a prison.
Abdelbaki Essati, the imam the authorities believe was at the center of terrorist attacks in and around Barcelona, was apparently a master of deception -- "too polite, too correct". He was apparently able to deceive European intelligence services by preaching a "moderate" version of Islam, while at the same time, orchestrating deadly jihadist attacks.
Another imam in Europe, Seyran Ates, preaches a genuinely "moderate Islam" but needs around-the-clock police protection.
Ates, training to become an imam, seems to have thought there was no better place than Berlin to inaugurate her mosque, Ibn Rushd-Goethe. It is the first Islamic religious site open to unmarried women, homosexuals, atheists, Sufis, unveiled women -- all those people that many fundamentalist Islamists have said they wish to silence or kill.
But after the flashbulbs of photographers came the death threats. Now, six German police officers are needed to protect Ates. She is not new to death threats. She closed her law firm in Kreuzberg (a Turkish district of Berlin) after almost being murdered in a terror attack. The bullet lodged between her fourth and fifth vertebrae. It took her five years to recover from the injury.
A week after the inauguration of "Berlin's liberal mosque", its prayer room was virtually empty. The number of faithful was the same as the number of security personnel. Muslims seem afraid to be seen there. Ates has received fatwas and threats from from Egypt to Turkey. She says she has received "300 emails per day encouraging me to carry on", but "3,000 emails a day full of hate", some with death threats.
Berlin's Seyran Ates, an imam who preaches a genuinely "moderate Islam", needs around-the-clock police guards to protect her from fundamentalist Islamists. (Photo by Sean Gallup/Getty Images)
Her fate, unfortunately, is not unique. Germany hosts many genuinely "moderate" Muslims who must live under police protection. They are journalists and activists who have challenged terror and radical Islam. Without protection, they would become "moderate martyrs". Ayaan Hirsi Ali fled to the US after the Netherlands refused to continue protecting her.
In Germany, it is not the Muslim supremacists, such as those who preach killing homosexuals, who have to live under police protection; it is the Muslims who criticize the supremacists. The only "crime" these concerned Muslims committed was to exercise their democratic right to speak -- not in Iran or Syria or Iraq -- but in Europe.
These reformers try to keep alive the values of the Enlightenment -- freedom of speech, separation of religion and state, equal justice under law -- to break through the coerced silence of Islam, in which "blasphemy" is punishable by death.
It is they who penetrate that silence. They defend the right to democracy, to an independent judiciary, to education. The price, however, has been exile, torture, ostracism, public marginalization, and too often life itself. Where are the "moderate Muslims"? In the Muslim world, they are in prison, in exile, in flight -- when not murdered -- as was Salman Taseer, his lawyer, bloggers from Bangladesh and countless others. In Europe, these genuine "moderate Muslims" have to live under police protection. Multiculturalism for them is a prison.
Hamed Abdel-Samad, an Egyptian writer and author of the book Islamic Fascism, is protected by the German police. The German sociologist Bassam Tibi has been under police guard for two years for having sponsored a "Euro Islam": how Muslims might be assimilated in Europe, a concept opposite to the Islamization of Europe that the fundamentalists are trying to accomplish. In an interview with the German magazine Cicero, Tibi admitted his defeat and "capitulation".
Ekin Deligöz, a representative of Germany's Social Democratic Party, is under police protection as well, for having asked women to reject the veil as being "a symbol of inferiority and subjection". Fatma Bläser, a victim of forced marriage and the author of the novel Hennamond, is today protected by police. She travels from school to school among young Muslims to raise awareness. Mina Ahadi, who founded the Council of Former Muslims, is also under day-and-night government protection.
When Turkey's most courageous journalist, Can Dündar, former editor of the Turkish newspaper Cumhuriyet -- the only Turkish media that expressed solidarity with the French satirical magazine Charlie Hebdo -- left Ankara for Germany, he most likely would never have imagined that he would need police protection in Berlin, as well. In Turkey, the police searched his house for emails and articles; in Berlin, the police have to guard his house against the Muslim fundamentalists who want him dead. In Turkey, they wanted to kill him for criticizing political Islam; Europe is no different.
These are the real "moderate" voices in the Islamic world -- unlike many supposed "moderate Muslims" such as Tariq Ramadan, who was recently caught defending female genital mutilation (FGM). These heroic Muslim reformers are far from the Islamic officials of the mainstream Muslim organizations, often funded by oil-rich Islamic dictatorships. Qatar, according to a major enquiry by the French daily Libération, is the main source of funds for the Union of the Islamic Organizations of France (UOIF), the most prominent Islamic umbrella group there. The UOIF also evidently receives funding from Saudi Arabia and "benevolent associations" in Saudi Arabia and the Gulf.
These brave dissidents, who need our help, have been struggling to uphold values that are the pillars of Europe's Enlightenment -- those the entire West has come to accept. But not Islam.
These men and women have even been compared to heroes of the Enlightenment, such as Voltaire. The French playwright, however, did not have a million enemies who, recognizing him from television, could then plot to behead him.

 https://www.gatestoneinstitute.org/11032/europe-muslim-reformers

Is Germany Heading to a "September Surprise"?

by Vijeta Uniyal
  • Instead of hurting the AfD's electoral prospects, the smear campaign has ended up driving more voters toward the party.
  • Questioning the AfD's legitimacy on judicial and constitutional grounds has a two-pronged effect. It not only sows doubt in the minds of the undecided voters, but also scares away state employees, law enforcement officers, business owners and even law-abiding citizens from associating themselves with the AfD out of fear of government scrutiny and reprisals.
  • "I am ashamed that I am not brave enough to support the AfD publicly. But it would be professional suicide and I will never see my grandchildren again," confessed another anonymous German voter.
Stay at home instead of vote for the right-wing party, Alternative für Deutschland (AfD), is the last-minute advice Chancellor Merkel's chief of staff, Peter Altmaier, is giving to voters ahead of Sunday's election in Germany.
"Better not vote than to vote for the AfD," Merkel's powerful right-hand man told the German newspaper Bild on Tuesday. "The AfD are dividing our country. They are exploiting people's fears. Therefore, I believe that a vote for the AfD cannot be justified.
"These are just a few rabble-rousers who profit from all the reporting on them," he continued, urging the media to stop covering the AfD.
An AfD campaign poster. Attempts by the German government and the media to smear the far-right party appear to be backfiring. Photo: Wikimedia Commons.
After 12 years of running the country, Chancellor Merkel and her lieutenant still do not understand real democracy. In a real democracy, the voters hold the elected representatives accountable, not the other way around.
Regardless of what one may think of Altmaier's skewed views, his frustration over the AfD's rising poll numbers is understandable.
Attempts by the German media to smear the AfD and its top leadership in the final stage of election campaign has backfired badly.
Just weeks ahead of the polls, the leading German newspapers produced a flurry of negative stories and hit-pieces portraying the AfD leaders as a bunch of migrant-hating "Islamophobes." Instead of hurting the AfD's electoral prospects, however, the smear campaign has ended up driving more voters toward the party. Even the left-wing British newspaper The Guardian had to admit that "a series of scandals appear to have galvanized rather than weakened the chances of the far-right in next Sunday's election." The AfD could end up becoming the sole and legitimate opposition in the next German parliament, the newspaper added:
Should Merkel and her main challenger, Martin Schulz, agree to continue governing in a "grand coalition" between the two strongest parties, the AfD could lead the opposition in the Bundestag, a role that traditionally carries additional privileges, such as the presidency of the parliament's budget committee.
The AfD, polling around 12 percent in latest polls, is set to become the third largest party in the next German parliament.
Given this momentum, there is a concerted effort underway by members of Merkel's cabinet and the "establishment" parties to portray the AfD's opposition to the Refugee Policy as something unconstitutional or even illegal.
German Chancellor Angela Merkel's concern over the AfD's rising poll numbers are understandable, but in a democracy, it is the voters who hold their representatives accountable, not the other way around. Photo: Wikimedia Commons.
At the forefront of this campaign has been Merkel's Justice Minister, Heiko Maas. He has repeatedly urged the German domestic spy agency, Bundesamt für Verfassungsschutz, monitor AfD's functionaries and backers. In the final week ahead of the election, Maas called "several parts of" AfD's election manifesto "illegal."
"The nationalist rhetoric being used by AfD politicians shows that one must assume that an attitude incompatible with Germany's constitution is not only present in the party base but also among its leaders," Martin Schulz, Merkel's present coalition partner and main electoral rival, told the German weekly Der Spiegel earlier this month.
Questioning the AfD's legitimacy on judicial and constitutional grounds has a two-pronged effect. It not only sows doubt in the minds of the undecided voters, but also scares away state employees, law enforcement officers, business owners and even law-abiding citizens from associating themselves with the AfD out of fear of government scrutiny and reprisals.
This political witch-hunt is accompanied by a campaign from the mainstream media to stigmatize support for the AfD.
"To support the AfD publicly in Germany leads to social and economic ostracism. It is almost like admitting to being a witch in the Middle Ages," a German voter was quoted saying by the German broadcaster Deutsche Welle. "I am ashamed that I am not brave enough publicly to support the AfD. But it would be professional suicide and I will never see my grandchildren again," confessed another anonymous German voter.
That fear could explain why more than a third of German voters are still telling pollsters that they are "undecided" -- a surprisingly large number given the high stakes involved in this election. After the Brexit-upset and President Trump's surprise victory, one cannot entirely rule out a hidden AfD vote. If the AfD manages to rope in enough of these undecided voters, pollsters could be in for a September Surprise in this year's critically important election.
 https://www.gatestoneinstitute.org/11040/is-germany-heading-to-a-september-surprise