number rose

Response

supra supra note note 56 56 (stating (stating that that foreigners foreigners come come to to Germany Germany prepared prepared to to work work hard hard for nominal for nominal wages wages at at jobs jobs that that Germany's Germany's skilled skilled and and well-paid well-paid work work force force is is unwilling unwilling to to accept). 68. See supra note 61 and accompanying text. 69. See Czuczka, supra note 23. 1999] INTERNATIONAL REFUGEE LAW 127 freedom and democracy, Germany continues to struggle with several perplexing issues associated with its reunification.0 70 The fiscal consequences reunification. of melding a market with a command economy will present substantial obstacles to Germany's economic prospects for many years.7' years.71 Perhaps the most pressing domestic issue exacerbated by German reunification is unemployment,72 which continues to plague the country, despite recently falling under four million.73 million." Yet in spite of this glimmer of success in the labor market, many scholars remain concerned that Germany's economic troubles will persist well into the next century, negating most speculation that reunified Germany will transform into an economic "superpower."74 4 "superpower."'7 Mass migrations of refugees and asylum seekers into Germany have further compromised the country's unstable economic foundation." foundation.75 As these foreigners stay in Germany, Germans suffering under the current economic uncertainty are fearful and resentful that outsiders are usurping much needed housing and welfare benefits provided by the state.76 Unfortunately, Germany's bleak economic prognosis for the next several years, or possibly decades,77 decades," has aroused an alarming degree of anti-foreigner sentiment in the country. B. "Demons "Demons" " from the Past:78 Past:7 The Permanent Specter of Nazism and Xenophobia Xenophobia in in Contemporary Contemporary Germany Germany Racism, neo-Nazism, and xenophobic attitudes are not unique to Germany79 Germany" and are arguably stronger and more widespread in other 70. 10. See Panayi, Panayi, supra supra note note 60, 60, at at 1 I. . 7 71. 1. See id. at at 63. 63. 72. 72. See id. at at 134. 134. 73. 73. Recent Recent data data indicate indicate that that unemployment unemployment in in Germany Germany has has fallen fallen below below the the politically­ politically- significant significant four four million million mark. mark. NPR NPR NEWS NEWS BROADCAST, BROADCAST, Oct. Oct. 6, 6, 1998. 1998. Joblessness Joblessness in in western western Germany Germany is is around around 10.3% 10.3% and and near near 16.7% 16.7% in in the the eastern eastern part part .of of the the country. country. See See id. id. The The excessively excessively high high unemployment unemployment in in eastern eastern Germany Germany is is credited credited as as a a significant significant factor factor in in removing removing Chancellor Chancellor Helmut Helmut Kohl Kohl and and his his political political party, party, the the Christian Christian Democratic Democratic Union, Union, from from their their long-standing long-standing majority majority in in German German government. government. See id. id. 74. 74. Panayi, Panayi, supra note note 60, 60, at at 1. I. 75. 15. See See id. id. at at 134-35. 134-35. 76. 16. See Czuczka, Czuczka, supra note note 23. 23. 77. 77. See Panayi, Panayi, supra note note 60, 60, at at 1-2. 1-2. 78. 78. "[O]ne "[O)ne must must question question whether whether the the 'memory' 'memory' of of Nazism Nazism can can ever ever be be eradicated eradicated from from German German national national consciousness." consciousness." Id. Id. at at 133-34. 1 33-34. The The unification unification crisis crisis that that arose arose in in 1989 1 989 is is credited credited with with awaking awaking the the "demons "demons of of the the Nazi Nazi past past to to make make another another appearance appearance ..... . . . ." Id. Id. 79. 79. "Racial "Racial exclusionism exclusionism has has guided guided the the history history of of Germany Germany in in the the same same way way as as it it has has done done in in all all other other nation nation states. states. It It has has always always been been a a core core ideology." ideology." Id. Id. See See also also Ralph Ralph Atkins, Atkins, Bonn Bonn Offers Offers Good Good Home Home to to Watchdog, Watchdog, FIN. FIN. TIMES, TIMES, Apr. Apr. 14, 14, 1997, 1997, at at 13 13 (stating (stating that that "it "it would would be be wrong wrong to to conclude conclude Germany Germany is is witnessing witnessing a a worrying worrying outbreak outbreak of of xenophobia" xenophobia" and and that that "Germany "Germany has has no no particular particular hostility hostility towards towards outsiders."). outsiders."). 128 IND. IND. INT'L INT'L & & COMP. COMP. L. L. REV. Rev. [Vol. 10:1 countries.80 countries."0 In fact, Germans have demonstrated a firm commitment to human rights pertaining to refugee-related issues.81 issues."' Germany, however, with its recent inundation of outsiders, has once again demonstrated that it is far from immune to anti-foreigner sentiment." sentiment.82 It is Germany's guilt-ridden Nazi legacy that is directing a large portion of its reaction to accommodating refugees. Germany is not only concerned with the burdens and costs of subsidizing refugees, but also with the possibility of violence against foreigners and the inevitable stigmatization of Nazism that would accompany such violence.83 violence.83 Foreign Minister Klaus Kinkel has described this phenomenon "as a threat to the nation's 'inner balance'---code balance'--code words for the fear that more refugees mean more anti- anti­ foreigner attacks by rightist radicals."8 radicals."84 Tragically, this substantial threat has materialized into lethal altercations 80. See generally Atkins, supra note 79 (asserting that Jean-Marie Le Pen's National Front Front in in France France is is far far stronger stronger than than any any ultra-right ultra-right movements movements in in Germany); Germany); Law: EC ECMinisters Ministers Reject Appeal to Share Refugee Burden, WAll.ST. WALL ST. J. J. EUR., EUR., Dec. Dec. 1, I , 1 1992, 992, available in 1992 1992 WL WL WSJE 2023990 (citing Britain's extremely restrictive immigration and asylum laws as evidence of rising "anti-foreigner sentiment and racial tension" in Western Europe); Alan Travis & Ian Traynor, Asylum: Britain 's Little Refugee Problem, THE GUARDIAN, Oct. 22, 1997, available in 1997 WL 14736605 (discussing the hatred expressed in Britain toward Czech and Slovak gypsies, "with even young schoolchildren talking about them as 'bogus, welfare scroungers, beggars, dirty and disgusting."'). 8 81. 1. In 1992, 1 992, Dr. Richard von Weizsaicker, Weizsacker, the Federal President of Germany, was awarded the the Nansen Nansen Medal Medal for for his his "outstanding "outstanding services services to to the the cause cause of of refugees." refugees." STATE STATE OF OF THE THE WORLD'S WORID'S REFUGEES RER.IGEES 1993, 1 993, supra note 2, at 1 171. 7 1 . This honor honor was was bestowed bestowed upon upon Dr. Dr. von von Weizsacker Weizs icker in in recognition recognition of of his his "campaign "campaign against against violent violent attacks attacks on on asylum-seekers asylum-seekers and and xenophobia." Id.; see also supra note 22 and accompanying text (noting Germany's post-World War 11 II observance of human rights). For a brief discussion of ofFridtjofNansen, FridtjofNansen, the first High Commissioner for Refugees whose legacy legacy this this award award commemorates, commemorates, see see supra note note 35 35 and and accompanying accompanying text. text. 82. See PETER KOPF, STICHWORT: AUSIANDERFEINDUCHKEIT AUSLANDERFEINDUCHKEIT [Keyword: [Keyword: Xenophobia) Xenophobia] 61 61 (1996). ( 1996). In In a a 1 1993 993 study study conducted conducted by by the the University University of of Potsdam Potsdam of of youth youth in in Brandenburg, Brandenburg, the young Germans interviewed either completely or partially agreed with the following as reasons for for their their xenophobia xenophobia toward toward asylum asylum seekers: seekers: because because they they want want to to live live comfortably comfortably at at Germany's Germany's expense expense (85.8%); (85.8%); they they resort resort quickly quickly to to violence violence and and crime crime (77.5%); (77.5%); most most asylum asylum seekers are are lazy lazy (77.6%); (77.6%); they they are are dirty dirty and and generally generally unkempt unkempt (75.8%); (75.8%); they they have have irritated irritated Germans on several occasions (47.3%); they take away jobs from Germans (73.5%); they they aggravate the housing shortage (85.1%); (85. I %); they are inferior in comparison to Germans (83%). Id. (translation (translation by by author). author). The original text reads: "Als "Als Grfinde Griinde f'tr fur ihre ihre Feindlichkeit Feindlichkeit gegen gegen Asylbewerber Asylbewerber stimmten die Jugendlichen Jugendlichen"v61lig"oder"teilweise" "vollig" oder "teilweise" folgenden Aussagen zu: weil Asylbewerber aufKosten auf Kosten Deutschlands gut leben wollen (85,8 Prozent); schnell zu Gewalt und Kriminalitat neigen neigen (76,5 (76,5 Prozent); Prozent); meistens meistens faul faul sind sind (77,6 (77,6 Prozent); Prozent); dreckig dreckig und und korperlich k6rperlich ungepflegt ungepflegt sind sind (75,8 (75,8 Prozent); Prozent); mich mich schon schon mehrmals mehrmals belastigt belastigt haben haben (47,3 (47,3 Prozent); Prozent); uns uns die die Arbeitsplatze Arbeitsplatze wegnehmen wegnehmen (73,5 (73,5 Prozent); Prozent); die die Wohnsituation Wohnsituation weiter weiter verschlirfen verschfirfen (85, (85,1 1 Prozent); Prozent); im im Vergleich Vergleich zu zu uns uns Deutschen Deutschen minderwertig minderwertig sind sind (83 (83 Prozent)." Prozent)." Id. 83. 83. See Czuczka, Czuczka, supra note note 23. 23. 84. Id. 1999) 1999] lNTERNATIONAL INTERNATIONAL REFUGEE LAW 129 at times between German extremist groups and foreigners living in Germany." Germany.85 As such, although Germany is not a particularly egregious xenophobe, xenophobe,86 and 86 may in fact be more hospitable to refugees and foreigners in general than many other countries, it remains impossible for Germany to sever its ties to the horrors committed by the Third Reich. This indelible guilt continues to pressure politicians to adopt more restrictive asylum policies, exemplified by their willingness to repatriate, and even forcefully deport, Bosnian refugees as quickly as possible."7 possible.87 C. Political Considerations: Asylum Policy as a Divisive Issue In addition to inducing the German government to respond to ugly and dangerous acts of xenophobia, refugee and foreigner issues are also eliciting purely political responses to gains made by far-right German political parties.88 parties."8 Many of these groups operate on the fringes oflegality of legality in that they propound ideas exceedingly close to the moratorium that has been placed on 85. See Timothy Aeppel, Violence Against Foreigners: Germany Germany's 's Efforts Efforts to Tighten Asylum Law May May be be Hurt Hurt by Violent Violent Attack Attack on on Refugees, Refugees, WALL ST. J. EUR., Aug. 26, 1992, available in 1992 WL WSJE 2027810 [hereinafter Aeppel, Violence Against Foreigners]. Foreigners). Indeed, the very presence of foreigners in Germany is inciting some Germans to violence. See id. The Rostock incident cited in this article was considered to be "by far the most serious attack on foreigners in Germany since unification" and was analogized to another particularly violent episode in the eastern German tciwn town of Hoyerswerda. Id. See also Panayi, supra note 60, at 1 135-39 35-39 (detailing the racist violence that occurred in Hoyerswerda and Rostock). 86. See supra notes 80-81 80-8 1 and accompanying text. 87. 81. See Sharma, Shanna, supra note 20. 88. Timothy Aeppel, Kohl Bloc Supports Changes to Tighten Refugee Policy, WALL WAll ST. J. EUR., Oct. 16, 1992, available in 1992 WL WSJE 2026932 [hereinafter Aeppel, Kohl Bloc]. See also Panayi, supra note 60, at 95 (commenting on the significant gains made by the far-right Republican Party as a result of the large influx of refugees). The controversial amendmentto amendment to Article 16 ofthe of the Basic Law did curb the flow of foreigners into Germany, which resulted in fewer acts of violence perpetrated against them. See id. at 3. This political maneuvering by the majority Christian Democratic Union (CDU) and other conservative political parties appeared to persuade many nationalistic voters to reintegrate into many the party shortly before the 1994 general election. Recent polls have suggested that 13% of Germans would vote for rightist parties that tout anti-foreigner policies. See Sharma, supra note 20. The percentage is higher in eastern Germany, with 1 17% 7% of those polled stating they would vote for the far-right, compared to 13% in western Germany. Gennany. See id. It is therefore not surprising that both of Germany's major political parties, the Christian Democratic Democratic Union Union (CDU) (CDU) and and Social Social Democratic Democratic Party Party (SDP) are taking a tough stance on the asylum issue. Since the amendment of Article 16 of the German Gennan Constitution, neo-Nazi attacks have precipitously declined, as has support for the far-right groups "which ''which have lost their biggest biggest vote-grabbing issue." German High Court Upholds Strict Asylum law, Law, DEUTSCHE PRESSE-AGENTUR, PRESSE•AGENTUR, May 14, 1996, available in 1996 WL DCHPA 05 12 00 130 IND. INT'L & COMP. L. REv. Rev. [Vol. 10: 1 overtly Nazi practices in Germany. Germany.89 While these organizations are technically political in nature, their underlying ideologies approximate the beliefs of those engaged in violent attacks on foreigners in Germany.9" Gennany.90 Fortunately for the Bosnian refugees, they do not appear to be the targets of violent foreigner attacks.91 attacks.9 They have, however, become political scapegoats in the 1998 election year in Germany, similar to other foreigners in previous election years. years.92 Moreover, increased support for rightist groups, 92 attested to both by voting trends93 trends93 and implicit participation in attacks on foreigners,94 foreigners,94 demonstrates the; the, imminent potential for rapid dissemination of xenophobia in modem-day Germany. While this foreseeable xenophobic trend has yet to assume statistically­ statistically- noteworthy proportions, now would be an opportune time to address the causes of such anti-foreigner tendencies. Because Germany is settling into a period of post-election calm in which the political atmosphere has been somewhat diffused and optimism is emerging,95 ernerging,95 the opportunity is ripe for attempting to cure the xenophobia that threatens to poison the country. If Germany fails to address the underlying causes of anti-foreigner sentiment, especially as it is manifested toward the Bosnians enjoying temporary protection status, it could tacitly be acceding to the demands of those in Bosnia Herzegovina who oppose integration of those displaced by the war.96 war.96 As such, the refugees are being victimized twice, both at home and abroad, with no real options available to them. 89. See Panayi, supra note 60, at 141. These organizations, namely the "old-established NPD NPD [National [National Democratic Democratic Party]," Party]," the the DVU DVU [Deutsche Volksunion, or or German German People's People's Union], and the Republican Party [Repub/ikaner], [Republikaner], have not adopted an overtly neo-Nazi ideology in order to avoid banishment, but they remain far more nationalistic than any of the other mainstream German political parties. See id. Some of the more controversial positions adopted by these groups include supporting the collective over the individual and calling for more more radical radical measures measures in in dealing dealing with with foreigners, foreigners, including including "deportation "deportation and and further further tightening tightening of of the the right right of of asylum, asylum, guaranteed guaranteed under under the the federal federal constitution." constitution." Id. In addition to blaming immigrants for Germany's unemployment, social problems, and national identity crisis, these groups also hold that Germany should talce take pride in its past and shed shed the the guilt guilt associated associated with with Nazism. Nazism. See id. 90. 90. See id. 91. See Aeppel, Aeppel, Violence Against Foreigners, supra note note 85. 85. 92. 92. See See Sharma, Sharma, supra supra note note 20. 20. 93. See id. 94. 94. The The anti-foreigner anti-foreigner attacks attacks and and violence violence in in Rostock Rostock and and Hoyerswerda Hoyerswerda were were characterized characterized by by masses masses of of onlookers onlookers who who watched watched silently silently or or even even cheered cheered the the attackers. attackers. See Aeppel, Violence Against Foreigners, Foreigners. supra note 85. This passivity may disturbingly reflect underlying underlying support support of of xenophobic xenophobic activity. activity. See id. 95. 95. See NPR, NPR. supra note note 73 73 and and accompanying accompanying text. text. 96. See See Sharma, supra supra note 20 (noting that uncoordinated repatriation schemes solidify plans plans for for ethnic ethnic cleansing cleansing by by impeding impeding "the "the creation creation of of a a truly truly single single Bosnia Bosnia with with two two truly truly multi-ethnic multi-ethnic entities."). entities,"). 1999] INTERNATIONAL REFUGEE LAW 131 D. Changing German Attitudes: A Long-Term Approach to a More Integrated and Tolerant German State 1. Minor Economic Considerations: A Small but Logical Starting Point Altering existing German attitudes toward foreigners who live in Germany and who benefit from its wealth in the midst of high unemployment and significant reunification costs cannot reasonably be expected to occur quickly and on a large scale. Nonetheless, Germany's current political climate is ready97 ready97 to start the process whereby foreigners may begin to receive increased acceptance in Germany, to the benefit of both the foreigners and the German people. Similar to the inertia of German attitudes toward foreigners, the economic situation in Germany most likely will not improve dramatically anytime soon.98 soon.98 But this dismal economic forecast should not succeed as an excuse to exclude foreigners generally and Bosnians specifically from helping cure Germany's fiscal troubles. By including foreigners in the country's labor efforts at a minimal detriment to German workers,99 workers,99 Germany not only maximizes its overall labor efficiency, but also takes the first steps toward assimilating these people into German society. Although implementing these measures may be limited in scope, Germany can nevertheless do so with relative ease. Moreover, the symbolic significance of such measures lies in the fact that they can serve as a starting point for changing underlying resentment among Germans toward foreigners. First of all, German labor efficiency could be bolstered by permitting asylum seekers, such as Bosnians under temporary protection status, to work in positions that Germans are unwilling to assume. assume."° Second, the German 100 federal government should assist the Lander (states) in reapportioning Bosnian refugees based on specific labor needs of the particular states." states. 101 Finally, in conjunction with the second suggestion, states eager to deport or forcibly repatriate Bosnian refugees, such as the conservative state of Bavaria, 102 2 should be given the option of transferring them instead to another Land (state) within Germany that is willing and able to accept the the additional additional 97. 91. See NPR, supra note 73. 98. See supra text accompanying note 74. 99. See supra note note 67 and and accompanying accompanying text. text. 100. See supra note 67 and accompanying text. IOI 101. . When the federal government originally shifted responsibility for for the the Bosnian Bosnian refugees refugees among the several states, it did so without accounting for differences in labor demands in these states. See Sharma, supra note 20. As such, the federal government sought to distribute the burden burden of of these these refugees refugees equally equally to to the the states, states, but but not not necessarily necessarily in in the the most most effective effective manner. manner. See See id. 102. Bavaria Bavaria First State to Begin Deporting Bosnian Refugees, SAN DIEGO DAILY TRANscRIPT, TRANSCRIPT, Oct. Oct. I 10, 0, 1996. 1996. 132 IND. lND. INT'L lNT'L & COMP. L. L. REV. Rev. [Vol. [Vol. 10:1 10:I refugee burden. Such a transfer could serye serve the multifaceted purpose of removing the Bosnians from potentially hostile environs, of demonstrating to the expelling state that it retains some autonomy in regulating refugees and asylum seekers within its borders, 103 3 and of redistributing laborers to another area where they are more welcome and productive."° productive.104 2. Integration as a Means of ofAddressing Addressing the Causes of the Problem While the aforementioned suggestions on ameliorating xenophobic attitudes toward the Bosnian refugees may provide some short-term relief to the refugees themselves and the burdened German states,'05 states, 105 more permanent, and perhaps more controversial"° controversial'06 and meaningful steps must be taken to diminish the anti-foreigner and anti-refugee sentiment of which Germany is particularly fearful. 107 One effective measure Germany could adopt to provide a more durable solution to xenophobic concerns would be to relax the citizenship requirements for foreigners who have lived in Germany for a substantial amount of time and have demonstrated a desire to assimilate into and contribute to German society and culture. In their current form, Germany's citizenship laws, in contrast to its refugee laws, 108 are the most restrictive in the European Union, based on the 103. I 03. Naturally, Naturally, the the expelling expelling state state would would be be expected expected to to bear bear the the costs costs of of transporting transporting these these refugees refugees to to the the accepting accepting state, state, and and would would most most likely likely be be expected expected to to share share some some of of the the costs costs of of relocating relocating and and providing providing for for their their continued continued support support as as well. well. In In spite spite of of this this lingering lingering financial financial burden, burden, the the expelling expelling state state may may still still be be willing willing to to pay pay this this price price in in order order to to quell quell xenophobic xenophobic tensions tensions among among its its local local citizenry. citizenry. While While this this financial financial obligation obligation undoubtedly undoubtedly decreases decreases the the expelling expelling state's state's autonomy, autonomy, it it does does so so only only minimally minimally when when the the possibility possibility of of repatriating repatriating the the refugees refugees to to their their homeland homeland would would constitute constitute refoulement and and thus thus be be in in derogation derogation of ofwell­ well- established established principles principles ofrefugee of refugee law. law. See 195 1951 1 Refugee Refugee Convention, Convention, supra note note 42, 42, art. art. 33; 33; see also supra note note 46 46 and and accompanying accompanying text text for for a a discussion discussion of of non-refoulement non-refou/ement as as the the focus focus of of international international refugee refugee law. law. Moreover, Moreover, by by creating creating this this transfer transfer option, option, states states averse averse to to the the idea idea of of accommodating accommodating refugees refugees and and asylum asylum seekers seekers for for a a protracted protracted period period of of time time may may be be more more willing willing to to assist assist in in extenuating extenuating refugee refugee crises crises in in the the future, future, knowing knowing that that they they can can later later shift shift this this refugee refugee burden burden to to another another state state at at a a minimal minimal cost. cost. I 104. 04. See supra note note 67 67 and and accompanying accompanying text. text. 105. I 05. See supra Part III.A. I 106. 06. German Citizenship, THE THE IRISHTIMEs,April IRISHTIMEs,April 23, 23, 1997, 1997, available in 1 1997 997 WL WL 7388046 7388046 ("Citizenship ("Citizenship and and nationality nationality laws laws are are among among the the most most difficult difficult and and intractable intractable constitutional constitutional issues issues in in contemporary contemporary political political communities."). communities."). I 107. 07. See supra notes notes 55-56 55-56 and and accompanying accompanying text. text. 108. 108. "A "A Germany Germany which which has has been been so so generous generous in in playing playing host host to to migrant migrant workers workers and and refugees[-]a refugees[-]a natural natural role role for for Europe's Europe's strongest strongest economy economy and and emerging emerging predominant predominant power[-] power[-] must must find find a a way way to to develop develop the the means means to to accommodate accommodate those those who who have have contributed contributed so so much much to to its its own own development." development." German Citizenship, supra note note 106. 106. But see supra Part Part lI.A. III.A. for for a a discussion discussion of of Germany's Germany's uncertain uncertain economic economic foundation. foundation. While While Germany Germany may may presently presently have have one one of of Europe's Europe's strongest strongest economy, economy, it it is is by by no no means means positioned positioned to to support support unqualified unqualified masses masses of of foreigners. foreigners. 1999] 1999) INTERNATIONAL REFUGEE LAW 133 archaic concept of jus jus sanguinis.1°9 sanguinis.109 Adherence to this principle may be adduced in large part to a prevalent attitude in Germany that the country is not one of 110 ofimmigrants, immigrants," notwithstanding the numerous ways in which foreigners have accessed and continue to enter the country.1"' country. 1 1 1 Even though non-Germans have devised various means to get into Germany, less than ten percent of Germany's population is comprised of such non-Germans." 112 2 non-Gennans. Ironically, Germany's citizenship structure renders it virtually virtua11y impossible for those who are not ethnic Germans to attain citizenship status."3 status.1 This irony of the 13 country's citizenship procedures is manifested in the fact that Aussiedler' Aussiedler1 14-"individuals '"individuals and families of German origin"-are virtually virtua11y entitled to instant citizenship, while other foreigners can live and work in Germany "for decades without gaining that status.""..5 status."1 15 While the desire of many Aussiedler Aussiedler to return to their origins is understandable, most" most; if not all, have contributed far less to Germany's prosperity over the past decades than the numerous foreigners living in Germany." Germany.1 At first glance, it appears that liberalizing German citizenship laws will have little direct impact on the Bosnians currently residing in Germany. 109. I 09. Germany's Germany's imperial imperial citizenship citizenship laws laws date date from from 1913 1913 and and are are based based on on the the European European tradition tradition ofjussanguinis, ofjus sanguinis, or or nationality nationality by by blood blood or or ancestral ancestral descent. descent. See See German German Citizenship, Citizenship. supra note note 106. 1 06. This This policy policy has has ensured ensured that that only only a a small small number number of of foreigners foreigners who who come come to to Germany Germany can can attain attain citizenship. citizenship. See id. I I 10. 1 0. See Thomas Thomas P. P. Spieker, Spieker, Despite Seven Million Aliens, Aliens. Germany Says it Has No Immigrants, DEUTSCHE PRESSE-AGENTUR, Sept. 29, 1996, available in 1996 WL DCHPA 21 06 00 1 06 00. Official Official German German policy policy provides provides generous generous provisions provisions to to foreigners foreigners temporarily temporarily in in Germany, Germany, but but it it does does not not offer offer the the option option of of settlement. settlement. See id. The prevailing prevailing attitude attitude among among conservative conservative German German politicians politicians is is that that "Germany "Germany is is not not a a country country of ofimmigration," immigration," corroborated corroborated by by the the fact fact that that "[n]one "[n]one of of the the foreigners foreigners currently currently living living in in Germany Gennany is is legally legally defined defined as as an an immigrant," immigrant," a a word word that that remains remains extremely extremely controversial controversial for for the the German German leadership. leadership. Id. It It should should be be noted noted that that even even the the more more liberal liberal German German political political parties parties want want a a quota quota system system imposed imposed so so that that the the influx influx does does not not run run unchecked. unchecked. See id. I 1 ll. 1 1. See id. (noting (noting that that "[I]arge-scale "[l)arge-scale planned planned migration" migration" has has been been occurring occurring in in Germany Germany in in a a variety variety of of forms forms for for over over 40 40 years). years). 112. 1 12. See See id. 113. 1 1 3. See See Aeppel, Aeppel, Kohl Kohl Bloc, Bloc, supra supra note note 88. 88. 114. 1 14. Aussiedler Aussiedler are are Germans Germans who who have have lived lived outside outside of of Germany Germany for for many many generations generations in in places places such such as as the the former former Soviet Soviet Union, Union, Poland, Poland, and and Romania. Romania. See STATE OF THE WORLD'S REFUGEES 1995, 1 995, supra note note 22, 22, at at 202. 202. Aussiedler Aussiedler are are practically practically guaranteed guaranteed German German citizenship citizenship upon upon their their return return to to Germany, Germany, despite despite the the fact fact that that many many of of these these people people have have retained retained little little of of their their German Gennan heritage, heritage, including including the the ability ability to to speak speak German. German. See id. 115. 1 1 S. Aeppel, Aeppel, Kohl Kohl Bloc, Bloc, supra supra note note 88. 88. 116. 1 16. Volkmar Volkmar Schultz, Schultz, a a member member of of the the Social Social Democratic Democratic Party Party (SOP) (SDP) in in Germany's Germany's lower lower parliamentary parliamentary house house (Bundestag) (Bundestag) likened likened the the current current immigrant immigrant dilemma dilemma in in Genmany Gennany to to the the rallying rallying cry cry of of the the American American Revolution: Revolution: "No "No taxation taxation without without representation." representation." Foreign Foreign workers workers who who have have consistently consistently paid paid their their taxes taxes over over the the years, years, but but who who are are not not entitled entitled to to the the same same rights rights and and privileges privileges as as German German citizens, citizens, such such as as voting, voting, have have voiced voiced similar similar grievances grievances as as the the American American colonists. colonists. Volkmar Volkmar Shultz, Shultz, Address Address to to the the Indianapolis-Cologne Indianapolis-Cologne Sister Sister Cities Cities Committee Committee (Oct. (Oct. 6, 6, 1998) 1998) [hereinafter [hereinafter Schultz]. Schultz]. 134 IND. INT'L & COMP. L. L. REV. [Vol. I0:I 10:1 Concededly, the Bosnian refugees do not stand, or even wish," wish, 1 17 7 to benefit firsthand from a more accommodating citizenship framework in Germany. However, as it is becoming increasingly apparent that the Bosnians will be staying in Germany longer than was initially anticipated, anticipated," they do stand to 1 1 8 benefit from a German public more tolerant of foreigners, as do other nationalities presently living in Germany. This tolerance can be developed through changing the country's prohibitive citizenship laws which, in addition to helping the country cope with its pending refugee and foreigner dilemmas, will also make Germany more adept and sensitive to dealing with future refugee crises. This long-term approach toward refugee protection is especially critical as the international community's commitment to asylum principles has been exhibiting signs of erosion.1 erosion."1 Some would still argue that the prospect of loosening German citizenship requirements poses the substantial risk of encouraging waves of indigent "economic immigrants"120 immigrants" to flock to Germany and of inciting racial 2° tensions as outsiders move into Germany and compete for limited jobs and other social welfare benefits.' benefits. 121 But Germany's 1993 amendment to Article 16 of its Basic Law has been extremely effective in reducing the overall numberofasylum number of asylum applications in Germany,' Germany, 122 thus debunking speculation that the the country country will will be be inundated inundated by by more more refugees and asylum seekers than in previous years. Furthermore, even the more liberal German politicians are in agreement with their conservative counterparts that flexible safeguards should be incorporated into changes of Germany's citizenship laws to prevent the excesses cited by those opposed to more liberal grants of citizenship to foreigners in Germany. Germany.123 23 Contrary to political rhetoric, although Germany may maynot not be a traditional 1 117. 17. Most Most of of these these uprooted uprooted people people want want to to return return to to Bosnia Bosnia and and this this is is generally generally deemed deemed the the best best course course of of action action for for these these people people in in this, this, the the "decade "decade of repatriation." See supra note 17 and accompanying text; see also Bosnia Bosnia's 's Homeless, i,ifra infra note 145 (citing ( citing fear of persecution persecution as as the the only only impediment impediment to to the the Bosnians' Bosnians' general general desire to return home). 1 118. 1 8. See infra i,ifra Part IV. 1 119. 19. See supra notes 24-25 and accompanying text. 120. See Blay, supra note 24, at 377 (noting the resentment toward "economic refugees" and their precarious status in refugee law). 121. 121 . See Spieker, Spieker, supra note note 1 110; 10; see also Aeppel, Aeppel, Kohl Bloc, supra note 88 (noting that average average Germans, particularly in the "economically depressed" former East Germany, perceive foreigners foreigners "as "as competition competition for for scarce scarce social social benefits benefits and and apartments."). apartments."). 122. 122. See supra note note 61 61 and and accompanying accompanying text; text; see also Number of ofAsylum-Seekers Asylum-Seekers 60% Down in Germany, AGENCE AGENCE FRANCE-PRESSE, FRANCE-PRESSE, Jan. Jan. 6, 6, 1995, 1995, available in 1 1995 995 WL 7738826 (citing (citing the the effectiveness effectiveness of of Germany's Germany's recent recent constitutional constitutional amendment amendment in in restricting restricting the the right right to asylum). 123. 123. See Spieker, Spieker, supra note note 110. 1 10. One One of of the the precautionary

Precautionary statements

measures would impose immigration immigration quotas, quotas, favored favored even even by by "those "those approving approving of ofimmigration immigration. . ... . . . " Id. Id. Others Others include include preserving a "legal means" to curtail immigration in times ofhigh preserving a "legal means" of high unemployment and housing shortages. shortages. Id. In In addition, addition, those those parties parties most most sympathetic sympathetic to to citizenship law reform would take into into account account the the foreigner's foreigner's ability ability to to speak speak German. German. See See id. id. 1999] INTERNATIONAL REFUGEE LAW 135 destination of immigration for refugees seeking permanent pennanent resettlement,'2 124 4 resettlement, its ties to immigration are not as tenuous as some top German officials would suggest.125 suggest.'2 When the first three hundred modem immigrants arrived in post- post­ war Germany from northern Italy in the mid-1950s, mid-l 950s, they worked low-paying fannjobs. farm jobs. As the country's Wirtshaftswunder 126 6 Wirtshaftswunder (Economic Miracle) gained momentum, Germany recruited more foreign labor from abroad, but harbored no intentions of integrating these guest workers under the assumption that they would voluntarily return to their home countries. countries.127 Contrary to this expectation, however, these men's families began to join them in their newly­ newly- adopted country, prompting Germany to ban foreign recruitment in 1973.,28 1973. 128 Irrespective of these attempts to exclude foreigners, Germany, consistent with its heavy use of foreign labor throughout the century,'29 century, 129 had already, albeit perhaps unwittingly, made these foreigners an integral part of Germany itself, not unlike the United States had done with African slaves. slaves.130 3' While the situation of the Bosnian refugees and foreigners in Germany is distinct from the African-American experience in the United States, integration nevertheless remains a viable option for changing German attitudes toward outsiders and for reestablishing Germany as Europe's El Dorado.' Dorado131 for migrants who genuinely need protection. 132 2 protection.'3 Now that Germany has elected a new government that is markedly more receptive to the idea of broadening the country's citizenship laws, the "political leadership" is aptly situated to 124. 124. The The United United States, States, Canada, Canada, Australia, Australia, and and New New Zealand Zealand are are considered considered traditional traditional countries countries of of resettlement resettlement for for refugees. refugees. See See UNHCR UNHCR Says Says Exiled Exiled Myanmar Myanmar Students Students Will Will Cooperate with Resettlement, AGENCE FRANCE-PRESSE, Oct. 28, 1999, available in 1999 WL 25 25133225 1 33225 ( (contrasting contrasting the the willingness willingness ofthe ofthe United United States, States, Canada, Canada, Australia, Australia, and and New New Zealand Zealand to to resettle resettle refugees with the traditional unwillingness of some European countries to such refugee resettlement). Of the 43,000 resettlement places requested by the UNHCR each year, 60% are provided by the United States. See Karin Landgren, Reconciliation: Forgiveness in in the the Time Time of of Repatriation, Repatriation, in in WORLD REFUGEE RERJGEE SURVEY 1998, supra supra note 59, 59, at 20, 20. 125. See Spieker, supra note 1 110 1 0 and accompanying text. 126. See id. 127. See id. 128. See id. 129. See supra note 66 and accompanying text. 130. 1 30. Cf. Cf Plessy v. Ferguson, 163 U.S. 537, 560 (1896) (1 896) (Harlan, J., dissenting) ("The destinies ofthe of the [black and white] races, in [the United States], are indissolubly linked together, and and the the interests interests of of both both require require that that the common government of all shall not permit the seeds of race hate to be planted under the sanction oflaw. of law."). 131. "El Dorado" is defined as "a fabulously rich region; a golden opportunity." THE NEW AMERICAN WEBSTER HANDY COLLEGE COi.LEGE DICTIONARY 225 (3d ed. 1995). This term is common parlance parlance in in refugee refugee law, law, symbolizing a secure and enduring sanctuary for refugees. See, e.g., Daniel Benjamin, Huddled Masses: New Prosperity and Freedom Are Drawing Refugees to the Countries Countries of of the the Former Former East Bloc, WALL ST. J. EUR., Oct. 3, 1994, at R14 (observing the significant significant role role that that Germany's Germany's constitutional constitutional amendment amendment to to Article Article 16(a) 16(a) of of its its Basic Basic Law Law has has had had in in shutting shutting the the "golden "golden door door to to El El Dorado" Dorado" of of Western Western Europe). Europe). 132. 132. See See BERT, supra supra note note 6, 6, at at 98-99. 98-99. 136 IND. INT'L & & COMP. L. REV. Rev. [Vol. 10: 10:1 1 effectuate these controversial, but ultimately necessary and beneficial changes.'33 changes. Such reform is capable ofrealigning 133 of realigning the international community down the humanitarian path originally conceived for the protection of displaced peoples. IV. THE THE CURRENT CURRENT SITUATION SITUATION IN IN BOSNIA BOSNIA HERZEGOVINA HERZEGOVINA AND AND ITS ITS ABILITY ABILITY TO ABSORB BOSNIAN RETURNEES RETuRNEES FROM GERMANY A. The 1992-1995 Yugoslav War: Complex Origins and Troublesome Aftermath The war in the former Yugoslavia that caused the lingering refugee crisis in Germany began on March 1, 1992, when Bosnian Croats and Bosnian Muslims voted overwhelmingly for independence and sovereignty, contrary to the Bosnian Serbs who refused to participate in the vote. vote.'34 Shortly 134 thereafter in April, the Bosnian Serbs seized large areas ofland of land in and around Bosnia Herzegovina in response to the international community's formal recognition of Bosnia Herzegovina as an independent state.135 state.' It took the Bosnian Serbs only days to exert control over more than sixty percent of this territory. 36 territory.136 Although the hostilities that began in 1992 formally ended with the signing of the Dayton Peace Accords (DPA) in 1995,137 1995,' the issue of displaced displaced peoples, peoples, both both inside inside and and outside outside of of Bosnia Bosnia Herzegovina, Herzegovina, has has been been a major concern surrounding the conflict." conflict. 138 To comprehend more completely the difficulties that refugees are encountering upon their return to Bosnia Herzegovina, it is useful to acknowledge acknowledge some some of of the the typical typical problems generally facing refugees who repatriate to their war-tom homelands.3 In the case of the Bosnian refugees, 139 9 war-torn homelands. however, there exists an additional degree of difficulty injected into the repatriation scenario, born out of centuries of political conquest and strife. "4 140 Thus, while the precise causes of the ethnic hatred and ethnic cleansing in Bosnia Herzegovina remain somewhat unclear, unclear,'4' the most recent "Yugoslav 141 conflict conflict [nonetheless] [nonetheless] introduced a degree of complexity that is unusual even 133. 133. Id. 1 134. 34. See Davy, Davy, supra note note 6, 6, at at 53. 53. 135. 1 35. See id. at at 55. 136. See id. 137. 137. General General Framework Framework for for the the Dayton Dayton Peace Peace Agreement, Agreement, Annex Annex 7, 7, signed signed in in Dayton, Dayton, Ohio, Ohio, United United States States of of America America on on November November 21, 1995, 1 995, 35 35 I.L.M. I.L.M. 89. 89. 138. See Davy, supra note 6, at 61. 1 139. 39. See, e.g., WHEN REFUGEES Go GO HOME, supra note 5, at 3446; 34-46; see also infra Part IV.C­ IV.C- D. D. for for a a more detailed discussion of obstacles confronting refugees repatriating to areas devastated devastated by by combat, combat, genocide, genocide, and and ethnic ethnic cleansing. cleansing. 140. 140. See BERT.supra BERT, supra note note 6, at at 23-43. 23-43. 141. See See id. at 98-I 98-106. 06. 1999] INTERNATIONAL REFUGEE LAw LAW 137 in religiously and culturally pluralistic societies riven with conflict and 142 strife." strife. " 142 It is this complexity, carried over into the post-war period, that is so greatly impeding the return of the Bosnian refugees to their homes. B. An Extended Commitment by the International Community When Germany agreed to provide temporary protection status (TPS) for the Bosnian refugees in 1992, there was an explicit understanding between the Bosnian and German governments that Germany's acceptance of and responsibility for these people would be temporary.'43 temporary.143 This stipulation was consistent with both modern asylum trends144 trends'" as well as the overwhelming desire by the Bosnian refugees to return home as soon as conditions permitted. pennitted.145 Many assumed that repatriation could occur soon after the hostilities had ceased and the DPA had been signed.146 signed.'" In fact, the "express purpose" of the DPA was "to restore Bosnia as a multiethnic state and guarantee the right of return for all Bosnians...."" Bosnians . . . ." 147 For Germany's benefit, the timely repatriation of the Bosnian refugees would begin to ease Germany's substantial subsidization of these people and assuage anti-foreigner sentiment and violence. As further justification for quickly repatriating the Bosnians, 48 148 Germany cited the altruistic motive of preparing for a flood of refugees from the impending crisis in Kosovo, although there was little evidence at the time that such a wave of people was imminent.4 imminent. 149 9 142. 142. Id. at at 93. 93. 143. 143. See Thouez, Thouez, supra note note 9, 9, at at 98. 98. 144. 144. See Landgren, Landgren, supra note note 1 124, 24, at at 20-21. 20-21 . "As "As the the total total number number of of refugees refugees continues continues to to grow, grow, temporary temporary protection protection followed followed by by voluntary voluntary repatriation repatriation is is now now seen seen as as the the most most practical and, in the majority of cases, the most satisfactory means of ofprotecting protecting many of today's refugees, refugees, the the great majority of whom are fleeing from armed conflict." Id. (footnote omitted). See also supra note note 17 17 and and accompanying accompanying text text for for a a discussion discussion of of repatriation repatriation as as the the desired desired outcome outcome of of refugee refugee situations. situations. 145. 145. See Bosnia's Bosnia 's Homeless, WALL WALL ST. Sr. J. J. EUR., EUR., Oct. Oct. 14, 14, 1 1996, 996, available in 1996 1996 WL WL WSJE WSJE 1 10752418 075241 8 (acknowledging (acknowledging that that the the majority majority of of Bosnians Bosnians in in Germany Germany would would prefer prefer to to return return to to their their homeland homeland than than remain remain in in asylum, asylum, but but remain remain apprehensive apprehensive that that they they will will be be subjected subjected to persecution upon return). 146. 146. See supra text text accompanying accompanying note note 137. 1 37. 147. 147. Bosnia Bosnia's 's Homeless, Homeless. supra note note 145. 145. 148. 148. See supra Part Part 111.A-B. IIl.A-B. 149. 149. "For "For the the time time being being the the actual actual flow flow [of refugees refugees from from Kosovo] Kosovo] into into western western Europe Europe is is really really not not that that great, great, although... although . . . certainly certainly there there is is a a constant constant trickle...." trickle . . . ." Michael Michael Thurston, Thurston, Europe Braces for Kosovo Refugee Wave, AGENCE AGENCE FRANCE-PRESSE, FRANCE-PRESSE, Aug. Aug. 6, 6, 1 1998, 998, available in in 1 1998 998 WL WL 1 16573486 6573486 (quoting (quoting Maki Maki Shinohara Shinohara of of the the UNHCR). UNHCR). Authorities Authorities are are not not predicting predicting a a repeat repeat of of the the mass mass exodus exodus of of people people that that accompanied accompanied the the Yugoslav Yugoslav war war in in 1992, 1 992, but but the the situation situation in in Kosovo Kosovo is is nonetheless nonetheless being being closely closely monitored monitored "after "after a a surge surge in in asylum asylum requests requests by by people people fleeing fleeing the the troubled troubled Serbian Serbian province province [of Kosovo)." Kosovol." Id. 138 IND. INT'L & COMP. L. L. REV. Rev. [Vol. [Vol. 10:1 10:1 Likewise, the Bosnian government, at least initially, desired a timely repatriation of the Bosnian refugees, but for different reasons, namely to aid in rebuilding the country's devastated infrastructure and "brain drain"150 drain"'"5 and to reestablish some overall sense ofnonnalcy. of normalcy.15' 151 Even the United States, at least near the time of the ratification of the DPA, was supportive of Germany's efforts to relieve itself of the tremendous sacrifices it had made in coping with the Bosnian refugees.152 refugees. ' Had the United States not initially supported Germany's efforts to repatriate the Bosnian refugees, American diplomacy would have been admitting that the Agreement had failed "in its most basic promise that Bosnia's refugees would be able to return safely to their homelands."153 homelands.' "' American confidence in a speedy and efficient return of refugees from abroad was evidenced further by the Clinton administration's limited commitment of NATO troops in the region.54 region. 154 But the shortcomings of the DPA and snares to repatriation soon demonstrated that returning the Bosnian refugees to their former homes and lives would take considerably longer than was originally contemplated.5 contemplated. 155 Despite this concession and entreaties from the Bosnian government for a return scheme more attuned to the area's limited capability to handle the returning refugees,' refugees, 156 56 Germany continued to repatriate these people.157 people.'57 The Bosnian refugees themselves were also reluctant to repatriate, notwithstanding their general wish to return home as soon as possible.' possible.158 Haunted by unspeakable atrocities from the war,'59 war, as well as reports of being 159 See See also Clive Freeman, Many Bosnian Refugees Still Hesitant About Returning Home, DEUTSCHE PRESSE-AGENTUR, May 20, 1998, 1998, available in 1 1998 998 WL 20 07 00 ( (citing citing a German official who was disheartened by the fact that temporary protection may not be available for Kosovo refugees because the instrument ofTPS of TPS is continually being abused). 150. 150. "A country like Bosnia Herzegovina with two-and-a-half million people cannot exist if if 600,000 600,000 refugees refugees remain remain outside outside the the country. country. People who have qualifications and have had a good schooling are needed there there... . . . in order to stabilise the area." Freeman, supra note 149 (quoting Barbara John, Berlin's Commissioner for Foreigners' Affairs and a member of the liberal wing of the Christian Democratic Union (CDU)). 15 151. 1. One of the highest profile groups that Germany returned to Bosnia was 31 "hollow­ "hollow- eyed 'orphan' children." Ralph Atkins, Bonn Offers Good GoodHome Home to Watchdog, FIN. TIMES, Apr. 14, 1997, available in 1997 1 997 WL 3786386. Although news images of these children prompted criticism of German repatriation policies, "[t]heir "[t]heirretum return was in fact eagerly sought by authorities in their homeland where their original rescue was seen in some quarters as amounting to a kidnap. kidnap. Most Most of of them them are are not not strictly strictly orphans; orphans; rather rather their their parents parents were were unable unable to to look look after after them." Id. 152. See Bosnia Bosnia's 's Homeless, supra note 145. 153. Id. 154. See id. 155. See infra Part IV.C-D. 1 156. 56. See Sharma, supra note 20. 157. See id. 158. 158. See Bosnia Bosnia's 's Homeless, supra note note 145. 145. 159. See BERT, supra note 6, at 50-57. 1999] INTERNATIONAL REFUGEE LAW 139 met with violence and intimidation upon return through existing repatriation programs, 6' many Bosnian refugees wanted assurances that they would be 160 retum. 6' One deportee even took the unimpeded when they decided to return.' 161 extreme measure of hijacking his flight home to ensure that he would not be subjected to some of the horrors that he perceived awaited him in Bosnia Herzegovina, preferring instead to be incarcerated in Germany than to live in 62 "freedom" in his homeland. 162 homeland. C. Traditional Obstacles Inherent in in the the Aftermath Aftermath of of Armed Armed Conflict Conflict Like most refugees and displaced peoples, the Bosnians in Germany and within Bosnia Herzegovina's internal borders have been uprooted by armed conflict. 63 Similarly, conflict.163 Similarly, although the repatriation movement in Bosnia Herzegovina is unique, it shares some common characteristics with other repatriations repatriations that that are are responding to the aftermath of war. war.'64 164 Most significantly, repatriation often occurs in the midst of conflict, or "at least in a a context context of of continuing continuing instability instability or insecurity."'65 insecurity."165 Against this imperfect backdrop, formidable problems arise concerning the protection of the Bosnian refugees refugees returning returning to to their homes.' homes.166 But protecting refugees from acts of violence and aggression stands as only only one one of of the the numerous numerous obstacles that refugees, like the Bosnians, encounter when when they return. Perhaps the most pressing issue upon return for refugees in Bosnia Herzegovina is the quality of housing.167 housing.'67 Unfortunately, however, accommodating accommodating the returning refugees and displaced persons appears to be one of the most significant difficulties faced by the Bosnian government due to the massive damage inflicted upon the nation's infrastructure during the 160. 160. "The "The treatment treatment of of about about 4,000 4,000 Muslims Muslims still still living living in in Republika Republika Srpska Srpska in in 1997 1 997 became became the the barometer barometer refugees refugees and and displaced displaced persons persons used used to to measure measure the the feasibility feasibility of of their their return. return. Most Most evidence evidence pointed pointed to to discrimination discrimination and and harassment harassment aimed aimed at at forcing forcing minorities minorities out out of of their their homes, homes, especially especially the the elderly." elderly." WORLD WORLD REFUGEE SURVEY 1998, 1998, supra note note 59, 59, at 166. 166. 161. 161. See Freeman, Freeman, supra note note 149. 149. 162. 162. See Bosnian Deportee Hijacks Hiacks Plane, AGENCEFRANCE-PRESSE,Jan AGENCEFRANCE-PRESSE, Jan 7, 7,1997, 1991, available in 1997 1 997 WL WL 2036049. 2036049. 163. 163. See STATE STATE OF OF THE WORLD'S WORLD's REFUGEES RERJGEES 1993, 1993, supra note note 2, 2, at at 67. 67. 164. 164. See id. at 103. l 03. 165. Id. 166. See id. 161. 167. See See AMNESTY, supra note note 10, 10, at at 24 24 n.30. n.30. "Among "Among factors factors important important for for return, return, quality quality of of housing housing received received the the highest highest rating, rating, with with 97[%] 97[%) of of respondents respondents indicating indicating it it as as an an important important factor...." factor . . . ." Id. 140 IND. INT'L & COMP. COMP. L. REv. Rev. [Vol. 10:1 war, 1 particularly the housing. 168 8 housing.169 Yet despite the notable success that the United Nations High Commissioner for Refugees (UNHCR) has had in rebuilding the "habitable accommodation" in Bosnia Herzegovina, Herzegovina,'"o other aspects inherent to post-war 170 conditions in the country are ex.acerbating exacerbating the housing shortage. For one, the progress of the UNHCR UNHCR's 's "shelter project" simply cannot compensate for the massive reconstruction projects necessary to absorb those large numbers of Bosnian refugees and displaced persons who have not yet returned home.' 171 and displaced persons who have not yet returned home. 7' These reconstruction efforts are complicated further by the fact that Bosnia Herzegovina's population is drastically smaller and weaker than before the war, and ethnic groups within Bosnia Herzegovina are even deliberately 172 72 destroying housjng housing in order to prevent returns by other ethnic groups, usually minorities.173 minorities. In addition, even if Bosnian refugees are able to find adequate housing when they return, there exists the constant threat that they are merely occupying the home ofanother of another ethnic group, subjecting the occupying family to future uncertainties of displacement. 74 74 This unsettled scenario of doubt in displacement.1 accommodation falls far short of international refugee law's aim of providing returnees with a "durable solution" through repatriation.' repatriation.17s Finally, although Bosnia Herzegovina represents a repatriation situation more complex than many post-war return schemes, in addition to the safety 176 76 and and housing housing concerns concerns of of returnees, returnees, there there exist exist other other "traditional," "traditional," yet significant significant barriers barriers to repatriation in Bosnia Herzegovina. These obstacles 1 168. 68. See UNHCR. UNHCR, The State of the World's Refugees 1997-98: A Humanitarian Agenda (visited (visited Sept. Sept. 15, 15, I 1998) 998) <http://www.unhcr.ch/sowr97/box4_4.htm> <http://www.unhcr.ch/sowr97/box4_4.htm> [hereinafter [hereinafterHumanitarian Humanitarian Agenda]. "While it is impossible to estimate the total amount of war damage in Bosnia, it is clear clear that that the the cost cost of of reconstruction reconstruction will will run run into into many many billions billions of of dollars." dollars." Id. 1 169. 69. "A "A major obstacle obstacle to to the the return return of of displaced displaced Bosnians Bosnians has has been been the the shortage shortage of of habitable habitable accommodation accommodation throughout throughout much much of of the the country. country. It It is is estimated estimated that that 60[%] 60(%] of of Bosnia's Bosnia's housing housing was was either either damaged damaged or or destroyed destroyed during during the the war." Id. 170. 1 70. See id. 171. 1 7 1 . Id. 172. 172. See id. 1 173. 73. See AMNESTY, supra note 10, at 16-17. In this regard, the fear of personal safety and desire to secure housing are closely related. See id. To this end, it should be noted that such wanton wanton destruction of housing has "sent a clear message to those thinking of returning to their homes that their efforts to reconstruct them can be thwarted in a single act of violence." Id. 1 174. 74. See generally id. at 7-21, 7-21 24 (noting the additional difficulties posed by repatriating refugees from abroad "in respect of of... . . . relocation gridlock ... . . . [which in part can be described as) as] refugees repatriating repatriating from from abroad abroad who who cannot cannot return return to to their their own own homes homes [who] (who] have have been been sheltered in housing belonging to people who are themselves displaced or refugees."). Id. 1 175. 75. See Glossary, supra note 15. A "durable solution" is defined as one that will provide the returnee with permanent, safe, and livable conditions upon return. Id. 1 76. 176. See infra Part IV.D. 1999) 1999] INTERNATIONAL REFUGEE LAW 141 include unemployment, m ..war "war taxes,"'"" taxes;•• 78 depletion ofintellectual of intellectual and physical resources, landmines, 179 labor resources,179 landmines,'80 "" and overburdened urban populations.' populations.'81 All of these factors, especially when considered cumulatively, present an extremely intricate and complicated backdrop against which the international community, and Germany in particular,'82 particular,182 is attempting to repatriate repatriate the Bosnian refugees. This already desperate situation assumes an even bleaker outlook when the unique and ghastly aspect of ethnic cleansing and attempted genocide is added to Bosnia Herzegovina's existing "traditional" obstacles to repatriation. D. Genocide and and Ethnic Ethnic Cleansing Cleansing as as Obstacles Obstacles to to Repatriation Repatriation Following the Holocaust in the 1940s, the international community 1 177. 77. See AMNESTY, supra note note JO, 10, at at 24 24 n.30 n.30 (citing (citing employment employment opportunities opportunities as as receiving receiving a a high high rating rating (8 (81 1 %) %) among among factors factors important important to to Bosnian Bosnian refugees); refugees); see also Humanitarian Agenda, supra note note 168 168 ("[Unemployment ("[U]nemployment is is estimated estimated at at between between 65 and and 75 75 [%]."). 178. 1 78. See WORLD REFUGEE SURVEY 1998, 1998, supra note note 59, at at 168. 1 68. Some Some local authorities in in Bosnia Bosnia Herzegovina Herzegovina have have implemented implemented a "war tax," typically disproportionately on minorities, minorities, "as "as a a retroactive retroactive contribution contribution for for the the war war effort." effort." Id. For example, local Bosnian Croat authorities demanded a tax from returning Muslims as "an alternative for service in the Croat Croat militia[,]" militia[,]" and and the the tax tax in in Repbublika Repbublika Srpska Srpska "was "was calculated calculated at at 1 100 00 Deutsche Deutsche Marks Marks for for each each month month during during the the war war that that the the person person was was outside outside Republika Republika Srpska." Srpska." Id. 179. 179. See Humanitarian Agenda, supra note note 1 168 68 (acknowledging (acknowledging not not only only the the smaller smaller and and physically physically weaker weaker population population in in post-war post-war Yugoslavia, Yugoslavia, but but also also the the "[I]arge "[l)arge numbers numbers of of highly highly qualified qualified people people [who] [who] have have left, left, and and are are perhaps perhaps the the refugees refugees who who are are least least likely likely to return."). 180. 180. The The Dayton Dayton Peace Peace Agreement Agreement mandates mandates that that the the former former warring warring factions, factions, not not international international military military forces, forces, are are responsible responsible for for mine mine clearance. clearance. See WORLD WORIDREFUGEE REFUGEE SURVEY SURVEY 1998, 1 998, supra note note 59, 59, at at 169. Unfortunately, "[d]espite enormous pressure from the international community, Bosnia's former warring factions have been extremely slow to address this issue." Humanitarian Agenda, supra note note 168. 168. Landmines Landmines in in Bosnia, Bosnia, estimated estimated by by some some at at up up to to six six million, million, are are responsible responsible not not only only for for human human casualties casualties and and injuries injuries that that appear appear to to be be directly directly proportional proportional to to the the rate rate at at which which refugees refugees are are attempting attempting to to return, return, but but the the mines mines are are also also substantially substantially hindering hindering reconstruction reconstruction and and development development projects. projects. See WORLD WORID REFUGEE REFUGEE SURVEY SURVEY 1998, 1998, supra note note 59, 59, at at 169. 169. The The inability inability to to clear clear mines mines in in the· the, area area is is attributable attributable to to "lack "lack of of local local expertise expertise in in this this area, area, the the absence absence of of accurate accurate mine mine field field records[,] records[,] and and the the country's country's severe severe winters, winters, when when much much of of the the ground ground is is frozen frozen and and covered covered with with snow." snow." Humanitarian Agenda, supra note note 1 168. 68. Furthermore, Furthermore, international international efforts efforts to to help help alleviate alleviate this this problem problem have have been been stalled stalled by by limited limited funding, funding, thereby thereby restricting restricting mine mine clearance clearance to to currently populated areas and not those of potential potential refugee refugee return. See WORLD REFUGEE SURVEY 1998, supra note 59, at 169. 181. 1 8 1 . Bosnia's Bosnia's substantial substantial landmine landmine problem problem will will likely likely render render the the country's country's agricultural agricultural sector, sector, upon upon which which it it is is heavily heavily reliant, reliant, "an "an economically economically stagnant stagnant wasteland." wasteland." Humanitarian Agenda, supra note note 1 168. 68. This This in in tum turn will will leave leave rural rural regions regions inaccessible, inaccessible, forcing forcing masses masses of of people people to to urban urban areas areas already already plagued plagued with with unemployment unemployment and thus "exacerbating the country's existing social and political tensions." Id. Id. 182. See AMNESTY, supra note 10, at 25 (citing UNHCR 182. See AMNESTY, supra note 10, at 25 (citing UNHCR estimates estimates that that 95,000 95,000 of of the the 110,000 1 1 0,000 refugees refugees returning returning to to Bosnia Bosnia Herzegovina Herzegovina in in 1 1997 997 came came from from Germany). Germany). 142 IND. INT'L & COMP. L. L. REv. Rev. [Vol. [Vol. 10O: 10: 1 1 vowed "never again" to stand by idly when the threat of genocide emerged, but recent conflicts around the globe suggest that ours is an "increasingly genocide-prone" world." world.183 Indeed, the fact that genocide is still occurring over half a century since the end of the Nazi atrocities in World War II indicates "that there is no reason to believe the 'never again' rhetoric. rhetoric."" "'184 4 At least in part, the recurrence of genocide in our modem modern world can be attributed to the international community's reluctance to intervene against other other countries that decide to commit such human rights abuses against their own people and within their own borders.185 borders. ' Such reluctance to interfere with another nation's sovereignty is understandable, but it may not always be justifiable when severe human rights violations, such as genocide and ethnic cleansing, cleansing, are at stake. stake."8 186 6 The perpetration or attempted perpetration of genocide and ethnic cleansing cleansing are are reprehensible reprehensible standing standing alone, alone, but they unfortunately extend their destructive power and effects into repatriation efforts, thus further complicating complicating the the process process of successfully returning those who have observed and been victimized by these practices.187 practices. Ethnic cleansing and genocide frustrate frustrate the the expectations expectations of host countries that are focused on the timely return of refugees who have witnessed these unfathomable horrors.' horrors.188 One writer writer on on the the subject subject has has even even commented that reconciliation in divided societies, societies, such as Bosnia Herzegovina, will require much time, assuming that reconciliation reconciliation is even possible at some future date. date.' 189 This notion stands in opposition opposition to to the Western preference of repatriating refugees on some type of predictable and quantifiable basis. basis.'" 190 In In contrast, contrast, however, such an expectation by the West is neither realistic 9' nor beneficial to any of the parties involved.9" realistic' involved.192 The "psychological 191 norbeneficial 1 183. 83. Roger Roger P. P. Winter, Winter, The The Year Year in in Review, Review, in in WORLD WORLD REFUGEE SURVEY 1998, 1998, supra note 59, 59, at at 14, 19. 19. 184. 1 84. Id. 185. 1 85. See id. 186. 1 86. See See BERT, supra note note 6, 6, at at 14. 14. Intervention Intervention of of another another country's country's sovereignty sovereignty "will 'will continue continue to to be be made made on on a a case-by-case case-by-case basis, basis, the the kind kind of of analysis analysis that that will will allow allow consideration consideration of of the the numerous numerous variables, variables, and and the the varying varying weight weight and and priority priority that that will will have to be assigned to them them depending depending on on the the circumstances circumstances of of each each unique unique case." case." id. Id. The The author author also also suggests suggests that that in in the the particular particular case case of of Bosnia Bosnia Herzegovina, Herzegovina, U.S. U.S. and and European European policy policy at at the the outset outset of of the the 1992 1992 war war in in Yugoslavia Yugoslavia was was flawed flawed in in that that it it should should have have adopted adopted a a more more militant militant and and proactive proactive approach approach to to the the situation situation much much earlier earlier than than it it finally finally did did in 1 1995. 995. See id. at xxi. 187. 1 87. See See Landgren, Landgren, supra supra note note 124, 124, at at 24. 24. 188. 1 88. See id. 189. 1 89. See See id. id. (quoting (quoting Fergal Fergal Keane, Keane, who, who, having having observed observed factional factional killing killing in in Ireland, Ireland, wrote wrote that that "[i]t "[i]t is is difficult difficult to to accept accept such such a a thesis thesis [that [that reconciliation reconciliation is is not not forthcoming] forthcoming] because because it it suggests suggests that that the the West West must must be be prepared prepared for for a a long long and and frequently frequently unprofitable unprofitable engagement engagement with with these these divided divided societies."). societies."). 190. 1 90. See See id. id. 191. 191. See See id. id. 192. 1 92. See See id. id. 1999] INTERNATIONAL REFUGEE LAW 143 and emotional framework" for reconciliation in areas like Bosnia provides compelling evidence that eradicating the causes that forced the refugees to flee in the first place will take far longer than anticipated. 9 193 Nevertheless, ensuring a durable solution will ultimately be the most effective and humane manner in which refugees can reestablish relationships with their homelands and in which the international community can help itself and the former refugees avert such a crisis in the future. 194 94 Considering the current situation in Bosnia Herzegovina and the monumental obstacles impeding repatriation there, the international community, especially Germany, should reconsider its eagerness to repatriate the Bosnian refugees. Instead, Germany and the international community need to remove the time element from this complicated repatriation dilemma in order to ensure more durable solutions for the Bosnian refugees. V. V. RESPONSES TO THE BOSNIAN REFUGEE CRISIS A. German Adherence to International Refugee Law Precepts: Complying in Letter, but with Shortsighted Spirit In many regards, Germany's human rights record concerning refugees and asylum seekers has been progressive, compassionate, and commendable.'" commendable. 195 Similarly, Germany, by offering temporary protection status (TPS), has more or less provided generously for the Bosnians who sought refuge within its borders,'96 borders, 196 despite allegations to the contrary.197 contrary.'9 Now that the Bosnians' TPS has officially expired in Germany, the focus must shift 98 198 to the appropriate repatriation scheme for these people. Repatriation has recently been adopted over more traditional measures as the preferred solution to refugee dilemmas, signifying a shift from "exilic 99 199 bias" to a "proactive, homeland-oriented, and holistic approach."200 approach."2" 193. Id. 194. 194. See id. 195. See supra Part II.B. 11.B. 196. 196. See supra text text accompanying accompanying notes notes 9-12. 9-12. 197. See Bonn Rejects U.S. Attack on Refugee Repatriation, XINHUA ENGuSHNEWSWIRE, ENGLISHNEWSWIRE, May 22, 1997, available in 1997 WL 3763395. German Interior Minister Manfred Kanther noted that of the 30,000 Bosnian refugees who had left Germany, only 1 191 91 had had been been expelled. expelled. See id. 198. See supra note 18 1 8 and accompanying text. 199. See Landgren, supra note 124, at 20. "Traditional solutions for refugees are threefold: local local integration integration in in the the country country to to which which they they have have fled; fled; resettlement resettlement in in a a third third country; country; or or voluntary voluntary repatriation repatriation to to their their own own country." country." Id. (footnote (footnote omitted). omitted). Although Although voluntary voluntary repatriation repatriation has has not not exclusively exclusively replaced replaced the the other other traditional traditional solutions, solutions, governments governments are are systematically systematically refusing refusing to to offer offer local local integration, integration, and and only only 10 10 governments governments worldwide worldwide offer offer resettlement to refugees. See id. 200. Id. 144 IND. IND. INT'L INT'L & COMP. COMP. L. L. REV. Rev. [Vol. 10:1 I0:I Therefore, it would appear that because Germany is utilizing the recognized international refugee law principle of voluntary repatriation, it is assisting the returning Bosnians in the most efficient and humane manner possible. It should be noted, however, that while repatriation has received considerable praise in resolving refugee crises,201 crises,2"' the concept has only recently gained credibility 02 credibility2°2 and even today its consequences are not fully understood.203 understood. As such, Germany should not establish the dangerous precedent of fostering an unquestioning reliance on repatriation;2" repatriation;204 rather, Germany should endeavor to implement this concept in a meaningful and enduring manner, without imposing inflexible deadlines on the process."0 process.205 B. Creative Problem Solving at the Local Level: A Potential Prototype? While many uncertainties and difficulties surround the question of how Germany will conduct the repatriation of the Bosnian refugees, it remains clear that answers will likely be provided at a local level.206 level."° There also exists evidence that local approaches to repatriation have enjoyed a high level of 201. 20I . See supra note note 17 17 and and accompanying accompanying text. text. 202. 202. Refugee Refugee scholars scholars have have effectively effectively demonstrated demonstrated that that "most "most refugee refugee movements movements have have tended to result in permanent exile." WHEN REFUGEES GO Go HOME, supra note 5, at 2 21. 1 . Simpson, who who conducted conducted studies studies of of Europe's Europe's refugees refugees during during the the inter-war inter-war years, years, asserted asserted that "repatriation was so unlikely an occurrence "repatriation was so unlikely an occurrence as as to to be be almost almost insignificant insignificant as as 'a 'a practical practical instrument instrument of of solution.'" solution.'" Id. As As late late as as 1969, 1969, Norwood Norwood corroborated corroborated these these findings findings in in his his research research on on religious religious refugees refugees throughout throughout history. history. See id. This conclusion has been given further credence by the fact that since the Second World War, few of the major refugee movements movements have have led led to to subsequent subsequent repatriations. repatriations. See See id. id. 203. 203. Repatriation Repatriation is is premised premised on on the the assumption assumption that that because because it it is is the the most most desirable desirable of ofthe the traditional traditional solutions, solutions, it it must must necessarily necessarily be be the the least least problematic. problematic. See id. Not Not surprisingly, surprisingly, repatriation repatriation remains remains the the least least researched researched of of these these solutions solutions by by far, far, but but the the extant extant research research about about repatriation repatriation demonstrates demonstrates that that it it "is "is anything anything but but problem-free" problem-free" and and that that "there "there is a dire need for a a much much better better understanding understanding of of the the conditions conditions under under which which refugees refugees return return... . . . and and how how their their rehabilitation rehabilitation and and reintegration reintegration can can be be more more effectively effectively facilitated." facilitated." Id. ld. 204. See supra note note 24 24 and accompanying text. 205. 205. Although Although rapid rapid repatriation repatriation is is not not inherently inherently bad, bad, its its success success is largely determined by the the "nature, "nature, duration, duration, and and legacy legacy of ofthe the conflict." conflict." Landgren, Landgren, supra note note 124, I 24, at at 21. 2 I. In In light light of of the the "fundamental "fundamental tension tension between between speed speed and and sustainability" sustainability" in in most most repatriation repatriation schemes, schemes, "[t]he "[t]he hallmarks hallmarks of of current current conflicts conflicts militate militate against against rapid rapid repatriation repatriation . ...." . . ." Id. In In addition addition to having reasonable expectations about the time frame in which repatriation can can occur, occur, donor donor governments governments must must also also treat treat repatriation repatriation as as a a long-term long-term investment investment by by covering covering the the up-front up-front costs costs necessary necessary for for a a successful successful return return of of the the refugees. refugees. See Winter, Winter, supra note note 1 183, 83, at 18. 206. 206. Bosnian Bosnian refugees refugees have have cost cost German German municipalities approximately $1 $1.67 .67 billion annually. annually. See Neil Neil King, King, Jr., Jr., Movable East: German Mayor Finds an Unusual Solution to Bosnian Refugees, WALL WAI.L ST: ST. J. J. EUR., EuR., Apr. Apr. 22, 22, 1998, 1998, available in 1998 1998 WL WL WSJE WSJE 35 351533 1533 1. 1999] INTERNATIONAL REFUGEE LAW 145 success in other parts of the world.207 world.2"" One town in Germany has already unleashed a promising and "novel repatriation program" that has attracted attention both from around the country and the world.20 world.208 In Dilren, Germany, Mayor JosefVosen, unlike most other German local politicians,209 politicians,2" has opted for a proactive approach to the local Bosnian refugee dilemrna.210 dilemma."' Like most of the Bosnian refugees in Germany, those in Diiren Duren are attempting to return to areas in which they will be ethnic minorities.2" minorities. 211 But despite the unique difficulties posed by minority returns, Mayor Vosen negotiated a compromise whereby the Bosnian Muslims in his town would begin to move back to areas near their home town of Modrica that is presently occupied by Serbs."' Serbs.212 These Bosnian Muslims will eventually return to their original original homes when the Serbs living there are reasonably able to return to their their homes." homes.213 In this manner, Mayor Vosen has observed basic tenets of international refugee law and the DPA so as to provide these refugees with the hope hope of of a a durable solution. solution.214 Admittedly, the example of one German mayor's plan for the Bosnian refugees refugees in in his his town town may not work for all German municipalities, but his thorough approach and dedication to a durable solution at least provide a basis for for an an ultimately ultimately successful repatriation.2"5 repatriation.215 207. 207. See See Landgren, Landgren, supra supra note note 124, 124, at at 22 22 (crediting (crediting "the "the use use of of small-scale, small-scale, quick-impact projects projects in in Nicaragua Nicaragua . ... . . with with 'reconciling 'reconciling and and reintegrating reintegrating groups groups of of people people with with different different interests interests and and political political allegiances."') allegiances."') (footnote (footnote omitted). omitted). 208. 208. See See King, King, supra supra note note 206. 206. 209. 209. To To persuade persuade Bosnian Bosnian refugees refugees to to return return home, home, German German cities cities have have typically typically relied relied on on monetary monetary perks perks and and threats threats of of expulsion, expulsion, but but with with limited limited success. success. See See id. id. 210. 210. See id. 211. 2 1 1 . See See AMNESTY, supra supra note note 10, 10, at at 21. 21. The The UNHCR UNHCR estimates estimates that that of of the the approximately approximately 600,000 600,000 Bosnian Bosnian refugees, refugees, the the vast vast "majority "majority of of prospective prospective returnees returnees originate originate from from areas areas where where they they would would form form part part of of the the minority minority population population upon upon return." return." Id. Id. In In Diiren's Dulren's case, case, the the refugees refugees are are Muslims Muslims attempting attempting to to return return to to a a Serb-held Serb-held area, area, although although the the same same problems problems exist exist for for Serb Serb and and Croat Croat minority minority returnees. returnees. See See King, King, supra supra note note 206. 206. 212. 212. See See King, King, supra supra note note 206. 206. 213. 213. See See id.; id.; see see also also supra supra note note 174 174 for for a a discussion discussion of of the the problems problems associated associated with with ethnic ethnic groups groups occupying occupying the the home home of of other other ethnic ethnic groups. groups. 214. 214. See See King, King, supra supra note note 206. 206. More More specifically, specifically, Mayor Mayor Vosen Vosen personally personally inspected inspected the the town town ofModrica, of Modrica, as as well well as as the the area area where where he he proposed proposed to to build build housing housing for for Dilren's Diiren's Bosnian Bosnian refugees. refugees. See See id. id. He He also also enabled enabled some some of of the the refugees refugees to to make make the the same same observations observations for for themselves. themselves. See See id. id. As As a a result, result, the the refugees refugees were were able able to to make make the the informed informed decisions decisions necessary necessary for for truly truly voluntary voluntary repatriation, repatriation, which which is is essential essential to to the the concept concept of of non-refoulement. non-refoulement. See See Thouez, Thouez, supra supra note note 9, 9, at at 100; 100; see see also also infra infra Part IV. for for a a discussion discussion of of the the numerous numerous obstacles obstacles facing facing the the Bosnian Bosnian refugees refugees upon upon return return to to their their homes homes in in Bosnia Bosnia Herzegovina. Herzegovina. Additionally, Additionally, Mayor Mayor Vosen Vosen complied complied with with the the Dayton Dayton Peace Peace Agreement Agreement by by building building movable movable houses, houses, thereby thereby reducing reducing the the potential potential that that ethnic ethnic divisions divisions wrought wrought by by the the war war would would be be reestablished. reestablished. See See King, King, supra supra note note 206; 206; Bosnia Bosnia's 's Homeless, Homeless, supra supra note note 145. 145. 215. 215. See See King, King, supra supra note note 206. 206. 146 IND. INT'L & COMP. L. REV. [Vol. 10:l1 10: 1 C. The International Community: Overlooking Reconciliation? International organizations, most notably the UNHCR, have played a vital role in assisting the return of the Bosnian refugees." refugees.216 Programs such as the "Open Cities" initiative"" initiative217 and cross-entity bus lines"' lines218 are facilitating movements linked to retum.219 return.219 While such activities are positive influences that provide essential support, "they are not guaranteed to beget civic culture or to compel reconciliation."220 The importance of mechanisms that support reconciliation in societies that have been devastated by genocide and ethnic cleansing lies in the fact that they can begin the lengthy process of structuring the "psychological and emotional framework" for reconciliation and forgiveness.22 forgiveness.22' Such programs are often anathema to donor governments, not only because of the time and expense involved with them, but also because they do not produce measurable results, making their efficacy more difficult to assess.222 assess.222 In spite of their alleged shortcomings, reconciliation support mechanisms stand as the logical starting point for successful repatriation of the Bosnian refugees and ultimately for new stability and order in the region.23 region.223 Because reconciliation is closely related to individual and cultural factors, factors,224 these mechanisms become particularly relevant considering that 224 they are the most realistic means through which a desire for healing and 216. See Landgren, supra note 124, 1 24, at 22. 217. 217. "Under "Under UNHCR's UNHCR's' • Open Open Cities' Cities' initiative, initiative, cities cities where where reconciliation reconciliation between between ethnic ethnic communities communities is is possible possible openly openly declare declare themselves themselves as as such. such. Towns Towns where where this this commitment commitment is is confirmed through through the the return and and reintegration of minorities receive international assistance, particularly particularly for for reconstruction." reconstruction." Id. 218. 218. See UNHCR: Funding and Donor Relations (visited (visited Sept. Sept. 15, 15, 1998) 1998) <http://www. <http://www. unhcr.ch/fdrs/midyear/yug.htm>. 219. 219. Other Other programs programs have have focused focused on on ensuring ensuring citizenship citizenship to to minorities, minorities, fair fair property property laws, laws, mine mine clearance, clearance, monitoring monitoring the the safety safety of of returnees, returnees, supervising supervising reconstruction, reconstruction, and equal participation participation in in political political life. life. See Landgren, Landgren, supra note note 124, 1 24, at at 22. 22. 220. 220. Id. 221 221. . Id. at at 25. 25. International International criminal criminal tribunals, tribunals, truth truth commissions, commissions, and and peace peace education education have have been been the the primary primary reconciliation reconciliation mechanisms mechanisms employed employed in in areas areas that that have have experienced experienced war war and and abuse. abuse. See id. at at 23. 23. For For perspective, perspective, however, however, it it should should be be noted noted that that reconciliation reconciliation can can sometimes sometimes "occur "occur only only over over the the span span of ofgenerations, generations, ifat if at all." all." Id. at at 25. 25. This This appears appears to to be be the the case case in in the the former former Yugoslavia, Yugoslavia, where where Sarejevo Sarejevo residents residents told told a a visiting visiting President President Clinton Clinton that that the most important thing that the United States could do for Bosnia was to "[s)tay "[s]tay .... . . . . [f]or [for at at least least fifty fifty years." years." Id. at at 22. 22. 222. 222. See id. at at 24. 24. 223. 223. Truth Truth commissions, commissions, one one of of the the reconciliation reconciliation support support mechanisms, mechanisms, foster not only reconciliation reconciliation among among groups, groups, but but also also help help create create a a "moral "moral framework framework for for a a different different kind kind of of society." society." Id. (footnote (footnote omitted). omitted). 224. See id. 1999] INTERNATIONAL REFUGEE LAW 147 forgiveness can be instilled.225 instilled. 22s Finally, at least one of the reconciliation mechanisms, peace education, "can begin in countries of asylum, and even before conflict abates."226 abates.2 Unlike 26 teaching refugees necessary practical skills, however, host countries that 227 address the threshold issue of peace education take the first step toward providing repatriates a durable solution. Moreover, such countries of asylum seek to minimize the likelihood of future refugee tragedies by eradicating the underlying causes of the present refugee dilemma.22 dilemma.228 VI. CONCLUSION CONCLUSION The current status of international refugee law remains uncertain. As countries are beginning to view migrants as an ever-increasing burden, the focus of refugee law appears to be shifting more toward state than humanitarian interests. Although it is axiomatic that states must retain some autonomy over their immigration and asylum policies, the world cannot afford to ignore the age-old and recurring plight of refugees. Germany, now home to hundreds of thousands of Bosnian refugees, has the opportunity to lead the international community back in the direction of focusing on the needs of displaced peoples. By liberalizing its citizenship laws and attempting to integrate foreigners into its society, Germany can begin the process of dispelling anti-foreigner sentiment. While this may not be an immediate process, the current political climate in Germany is conducive for such change. For the time being, however, Germany, with the aid of the international community, should accept that the repatriation of the Bosnian refugees will not be conducted as readily as was initially envisioned. The conditions in Bosnia Herzegovina are simply too unstable for successful repatriation to occur without refoulement. With some patience and funding, however, Germany and the international community can devise creative, perhaps local, approaches to ensure durable solutions for Bosnian refugees upon their return home. Not only is such an approach in the best interests of the Bosnian refugees, but it also accommodates the needs of Germany and the rest of the world by providing for a more stable future in Bosnia and the Balkans. 225. 225. It It is is simply simply "impossible "impossible for for people people and and societies societies that that have have experienced experienced ethnic ethnic cleansing cleansing and and genocide genocide to to respond respond to to expectations expectations of of host host states, states, donor donor countries, countries, and and international international agencies agencies that that they they get get over over it, it, go go home, home, and and move move on." on." Id. at at 24. 24. 226. 226. Id. 227. 227. See Beverlee Beverlee Bruce, Bruce, Preparing for Repatriation: The Case for Skills Training in Refugee Camps (visited (visited Sept. Sept. 17, 17, 1998) 1998) <http://www.refugees.org'world/articles/repatriation <http://www.refugees.orgtworld/articles/repatriation _wor_sum97.htm>. wor-sum97.htrn>. 228. 228. See Landgren, Landgren, supra note note 124, 124, at at 24. 24. 148 IND. lNT'L & COMP. L. REV. [Vol. 10:1 Perhaps more significantly, this approach could signal an unequivocal reaffirmation of commitment to the world's refugees, thereby creating an atmosphere in which the international community can rebuild El Dorado to its former greatness. Jon C. Graf• • J.D. Candidate, 2000, Iridiana University School of Law-Indianapolis; A.B., 1996, Wabash College. The author would like to express his gratitude to his parents for their unending encouragement, support, and love. The author would also like to recognize Peteris M. Sil ins, Professor Emeritus ofGennan and Russian, Wabash College, a Latvian immigrant whose contributions to this country are numerous. Thanks to Jon R. Pactor, Esq., mentor and friend. Finally, the author wishes to thank Karen Gardiner for her patience and optimism throughout