Indicator history

Close Window

Is there an independent assessment of the impact of anti-racist legislation and its application in practice?

Key Area:
Anti-racist Crime Legislation & Implementation
20/12/2011 - 14:58
Short Answer


Qualitative Info

No, there are no such systematic mechanisms in place, which is also related to the fact that there is no comprehensive anti-racist legislation. The latest, but out-dated statistics on the number and proportion of convictions in cases of extreme-right wing crimes can not be regarded as a suitable way to assess the application of legislation in response to racist crimes.  Several NGOs, especially those specialised on supporting victims of right-wing violence, have been publicly commenting on the police's and the courts' acknowledgement of allegedly racist motives in the investigation of offences and in the courtroom (e.g. Opferpersektive, ReachOut).

In 2006, the Federal Office of the Public Prosecutor published data on investigations launched and closed in the context of 'right-wing extremist and/or xenophobic' offences in the years 2001, 2002 and 2003. These figures indicate a low conviction rate: Of the 19,120 initiated investigations, 17,832 were closed with only 2,334 resulting in a conviction (13.1%) (German Federal Parliament 2006). Figures on the number of convictions based on article 130 StGB (incitement) are available for the years 2000-2004, presented in the latest German CERD report (CERD 2008, p. 25), though no information on the conviction rates are available. In relation to the aforementioned number of investigation procedures launched by the public prosecutor (German Federal Parliament 2006), the conviction rate for alleged cases of incitement (art. 130 StGB) rate is approximately 10%.


UN Committee on the Elimination of Racial Discrimination (CERD) (2008), Consideration of reports submitted by States parties under article 9 of the Convention: International Convention on the Elimination of All Forms of Racial Discrimination: concluding observations of the Committee on the Elimination of Racial Discrimination: Germany, CERD/C/DEU/CO/18, 22.09.2008.

German Federal Parliament (Deutscher Bundestag), printed matter 16/1353, 27.04.2006.

Groups affected/interested Migrants, Refugees, Roma & Travelers, Muslims, Ethnic minorities, Religious minorities, Linguistic minorities, Asylum seekers
Type (R/D)
Key socio-economic / Institutional Areas Anti-discrimination, Anti-racism
External Url