In 1978 the German Government nominated the first German Federal Commissioner of Foreigners’ Issues [Beuftragter für Ausländerfragen], Heinz Kühn, the former prime minister of Northrhine-Westphalia. He became famous because of his memorandum of 1979 in which he recognized that Germany has de facto become a 'country of immigration' and asked for the introduction of integration measures.

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In 1978 the German Government nominated the first German Federal Commissioner of Foreigners’ Issues [Beuftragter für Ausländerfragen], Heinz Kühn, the former prime minister of Northrhine-Westphalia. He became famous because of his memorandum of 1979 in which he recognized that Germany has de facto become a 'country of immigration' and asked for the introduction of integration measures. In 1979 Commissioners for Foreigners' Affairs were introduced at other levels of the administration [Integrations- und Ausländerbeauftragte der Bundesländer].

The Federal Commissioners' office is based in the Ministry of Labour and Social Affairs. The Federal Government's Commissioner for Foreigners' Issues addresses issues relating to foreigners in Germany. His role includes: involvement in relevant Federal legislative initiatives; requesting information about instances of possible discrimination by public bodies; promoting the integration of migrants and minorities permanently residing in Germany; hearing the concerns of foreigners living in Germany and providing them with advice and acting to combat xenophobia and develop understanding amongst different groups. S/He also formulates suggestions concerning migration policy and anti-discrimination practices. The Commissioner is heard on all relevant issues regarding minorities and impacting provisions.

Some Regional State offices provide consultation on foreigners' legislation, visas, family reunion, access to housing and the labor market as well as intervening and mediating in discrimination cases. The majority of Länder and many municipalities have also nominated commissioners or foreigners' councils with varying tasks and competence. These different representatives also meet in order to exchange information and experiences.

Local Governments (Länder) can decide about the establishment abolition or modification of Commissioners and their offices. In Hamburg, for instance, after September 11 the new government abolished an ombudsman office for foreigners, which had been of great relevance: the office had possessed the authority to intervene on behalf of foreigners in disputes over welfare and housing. But the ombudsman was seen as too accommodating to Muslims and others, so the office was replaced by an advisory "integration council" of 44 volunteers, who meet every other month and have no formal powers.

In the new Foreigners' Law which is being debated, the Federal Interior Minister has called on the foundation of a new federal ministry for more comprehensive and systematic care of "migration & asylum-seeking"(Bundesamt für Migration & Flüchtlinge), whose major tasks are the co-ordination of the information on labor migration between the authorities for foreigners, employment and the German representatives abroad; the implementation of an optional selection procedure using a "point system" to recruit workers from abroad; the development of a nationwide "integration program" and information on integration services available to foreigner; the implementation of measures aiming at promotion of voluntary return.

German commissioners and councils perform an important function in the area of combating racism and intolerance, but nevertheless Germany lacks at national level a commission or ombudsman able to accept individual complaints and assist victims in pursuing these complaints.

Analysis provided by: Antonella C. Attardo PhD (History of Law), Italy.

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