| # taz.de -- Descendants of victims of Nazi persecution: No change for the expat… | |
| > Those who escaped Nazi rule lost the German citizenship. Germany is | |
| > refusing to grant citizenship to some of their offspring. | |
| Bild: Marlene Rolfe has applied for a German passport | |
| [1][Hier] finden Sie die deutsche Version des Textes [2][„Ausgebürgert | |
| bleibt ausgebürgert“]. | |
| London/Berlin taz | In a café in the London Borough of Islington, Marlene | |
| Rolfe reads from an old document. With her modern pageboy haircut, her red | |
| lipstick and green woollen sweater, the 72-year-old artist has a | |
| contemporary and self-confident look. She’sholding a fragile sheet of | |
| paper, her mother's description, in German, of her imprisonment in Nazi | |
| Germany. | |
| „Because she distributed leaflets in 1936, she was forced into various | |
| German institutions and was finally sent to Ravensbrück concentration | |
| camp“, says Marlene Rolfe about her mother, who came from Berlin. Ilse | |
| Rolfe, née Gostynski, was Jewish, and a communist. In May 1939 she was | |
| released on condition that she leave Germany immediately. | |
| Thus, shortly before the outbreak of war, Ilse Rolfe found herself in Great | |
| Britain. In November 1941, she was deprived of her German citizenship by an | |
| order of the Reich, which applied to all German Jews living abroad. Ilse’s | |
| mother, who had not been able to escape, was murdered in 1942 in Belzec, | |
| the German extermination camp in Poland. | |
| Between 1933 and 1945, tens of thousands of Jews had fled to the UK because | |
| of persecution by the Nazi regime. Only a few returned after the war. Ilse | |
| Rolfe was one of those who remained in the UK. She married an Englishman in | |
| March 1945; their daughter Marlene was born in January 1946. | |
| ## Marlene Rolfe would like to become German | |
| Ilse Rolfe returned to Germany only on holiday, despite feelings of | |
| nostalgia. „Throughout her life, she remained a true Berliner, who missed | |
| the Berlin atmosphere“, reports Marlene Rolfe. Despite all the scars that | |
| had marked her during the Nazi period, her mother's connection with her old | |
| homeland was so strong that, in 1975, she applied from London for | |
| repatriation, and obtained dual citizenship. Now her daughter, Marlene | |
| Rolfe, also wants a German passport. But that could be difficult. | |
| Brexit has sharply increased the number of Britons applying for a German | |
| passport. They want to maintain their personal freedom of movement even | |
| after the UK has left the EU. A large proportion of the applicants are | |
| people who once fled the Nazi regime, or their descendants. | |
| To do so, she could apply through Article 116, paragraph 2 of the Basic | |
| Law, according to which „former German nationals who were deprived of their | |
| nationality for political, racial or religious reasons between January 30th | |
| 1933 and May 8th 1945, and their descendants“ can be naturalized. | |
| From January to October 2018 alone, 1,228 applications were filed with | |
| German diplomatic missions in the United Kingdom citing this clause. There | |
| were 1.667 applications in 2017 in contrast to 684 in 2016, the year of the | |
| Brexit referendum. By comparison in 2015, according to the Federal | |
| Government, only 43 Britons sought“naturalization in the context of | |
| reparation“. | |
| Marlene Rolfe submitted her application on 24 August 2017. She has not, to | |
| date, received a reply. Surely this is just a formal matter? But in her | |
| case it’s different because she belongs to a specific group for which this | |
| is a problem. | |
| ## Reichsgesetz v Basic Law | |
| It is about a complicated legal situation: anyone who lost their | |
| citizenship through Nazi injustice can in theory have it restored on | |
| application, even if they no longer live in Germany. But the prerequisite | |
| for this is that the applicant would have been entitled to a German | |
| passport if not for its unlawful confiscation during the Nazi period. | |
| This means: if a person had lost their German citizenship for other | |
| reasons, or had never even had it, there is no entitlement to repatriation. | |
| And this applies to a child who was born in wedlock before April 1, 1953, | |
| if his/her German mother had married a foreigner before that date. Article | |
| 117, paragraph 1 of the Basic Law regulates how long the laws of the | |
| Federal Republic, which were contrary to the constitutionally guaranteed | |
| equal rights of men and women, were allowed to remain in force: no later | |
| than 31st March 1953. | |
| ## Only men could pass on citizenship | |
| Here again paragraph 17, section 6 of the Reich and Nationality Act | |
| (RuStAG) applies, according to which a woman lost her German citizenship | |
| when she married a foreigner. | |
| According to the „principle of family unity“, ie the uniform nationality of | |
| all family members, the nationality of the wife always followed that of the | |
| husband. According to paragraph 4, section 1, only a German father was able | |
| to pass on citizenship to his children. A mother could only pass hers on if | |
| the child was born out of wedlock. | |
| 39-year-old author Eleanor Thom is experiencing in concrete terms exactly | |
| what that means. Following the Brexit referendum, the Edinburgh-based | |
| writer had applied for German citizenship along with her 75-year-old mother | |
| Betsy Thom. Recently, they received the Federal Administrative Office in | |
| Cologne’s response: their applications were rejected. Neither of them can | |
| understand that. | |
| Eleanor Thom’s Jewish grandmother, Dora Tannenbaum, was born in 1916 in | |
| Berlin. In January 1939 she was able to escape from the Nazis with a | |
| domestic visa to Britain. However, she had to leave behind her illegitimate | |
| daughter, Ruth Rosa, who was born in September 1937 and deported to | |
| Auschwitz and murdered on 4th March 1943. | |
| For Dora Tannenbaum, northeast Scotland became her second home. In 1942 she | |
| married Duncan Wilson; a year later, her second daughter Betsy was born. | |
| Right up to her death in 1980, she never wanted to return to Germany. „Yet | |
| my grandmother always thought of herself as German,“ says Eleanor Thom. | |
| ## No chance for the Thom family | |
| This does not benefit their descendants because Dora Tannenbaum's daughter | |
| Betsy would not have been able to become German at the time of her birth | |
| under the nationality law valid at the time – even without the deprivation | |
| of rights by the Nazis. After all, her father, Duncan Wilson, was British – | |
| and thus neither his wife nor their daughter could legally be German | |
| according to the patriarchal regulations of the Reich and Citizenship Act. | |
| Thus, neither Betsy Thom nor her daughter Eleanor are entitled to | |
| naturalization under Article 116 (2) of the Basic Law. | |
| For Eleanor Thom, this is completely incomprehensible: „This old injustice, | |
| which does not recognize women, must be abolished as a matter of urgency.“ | |
| It took an astonishingly long time before the legislature was able to bring | |
| German nationality law into conformity with the equality requirement of the | |
| Basic Law. It required a decision of the Federal Constitutional Court, | |
| which formally changed the law on 1 January 1975. Since then German | |
| citizenship can be acquired by birth from either parent. | |
| At that time, the Government also found a legal solution for a large | |
| proportion of the „old cases“: „Anyone born in wedlock between 31st March | |
| 1953 and the time this law came into force to a mother who was German at | |
| the time of the child’s birth can acquire German citizenship by declaring | |
| his or her wish to do so, if it wasn’t acquired by birth.“ | |
| But what about the children who were born before that date? They’re out of | |
| luck! | |
| Ultimately, they have a claim to naturalization only if they would have | |
| been German according to the respective provisions of the Reich and | |
| citizenship law (RuStAG) or of the Nationality Act (StAG) at the time of | |
| their birth, had their father, mother, grandfather or grandmother not been | |
| expatriated. This is how it is officially expressed in best bureaucratic | |
| German in the „indications to the naturalization claim“ of the Federal | |
| Office of Administration. | |
| ## A marriage of 1941 prevented naturalization today | |
| Sylvia Finzi was born in London in 1948. Her mother, Elfriede „Friedel“ | |
| Kastner, came from Wuppertal-Elberfeld. She spent her childhood and youth | |
| in Berlin. Then the Nazis took power. „My mother escaped National Socialist | |
| Germany in 1938“, says Sylvia Finzi. Here too it was a domestic visa that | |
| saved the then 22 year old's life. Her fiancé wasn’t as lucky. He was | |
| murdered in Auschwitz. | |
| In Britain, Friedel Kastner met the Milanese solicitor Giulio Finzi. Also | |
| Jewish, he had fled the Nazis from his Italian homeland to Great Britain. | |
| His mother Aurelia and his sister Emma died in Auschwitz. In 1941 Giulio | |
| Finzi and Friedel Kastner were married. In 1947 they received British | |
| citizenship. „As a child, my mother sang German songs to me“, recalls | |
| Sylvia Finzi. “Otherwise she only spoke English“. | |
| Sylvia Finzi first got to know West Germany in 1970. At the same age as her | |
| mother had been when she fled Germany, she travelled to the country of the | |
| perpetrators – against the Final express wish of her parents. And for a | |
| while she stayed there. First she lived in Berlin, then in Munich, where, | |
| as a graduate painter and graphic artist, she taught in adult education. In | |
| 1979 she returned to London. In 2009 she moved to Germany again and stayed | |
| there for six years. She now owns an apartment in Berlin. | |
| ## The German Embassy gives hope – in vain | |
| After the Brexit referendum, Sylvia Finzi decided to apply for a German | |
| passport. „I very much hope that it will be possible to grant me German | |
| citizenship, as I will soon be unable to travel in and out of Germany as a | |
| European with my English passport,“ she wrote to the German Embassy in | |
| London in January 2017, and referred to her German-Jewish origin. | |
| The embassy reacted immediately: it was „unfortunately the case that | |
| legitimate children of German mothers who were born before April 1, 1953 | |
| cannot be considered for naturalization under Art. 116 (2) GG,“ replied the | |
| employee. „However you’d be eligible for discretionary naturalization | |
| according to §14 StaG – I'm attaching the appropriate application form and | |
| leaflet with this e-mail.“ | |
| The new German Nationality Act (StAG) has been in force since 1st January | |
| 2000, as a result of which the Reichsgesetz and Nationality Law, originally | |
| dating from 1914, was fundamentally reformed. Not all injustices were | |
| eliminated. But at least the leaflet sent to Sylvia Finzi gave the | |
| impression that, in her case, there was an acceptable solution. It states | |
| that „a public interest in naturalisation“ is affirmed in people „born | |
| before 1 January 1975 as the child of a German mother and a foreign father“ | |
| and whose mother’s German nationality had been stripped for political, | |
| racial or religious reasons between 1933 and 1945. | |
| The Federal Office of Administration also refers to taz's query that there | |
| is a „compensation option“ for children of German mothers and foreign | |
| fathers born before 1975. Due to „the constitutional disadvantage of this | |
| group of people who live abroad“ there exists „still today, a public | |
| interest in compensation“. For this purpose, the Federal Ministry of the | |
| Interior „in accordance with § 14 of the Nationality Law (StAG) has made it | |
| possible to claim naturalization if certain conditions are fulfilled „. | |
| But that's not the case. The leaflet of the Federal Administrative Office | |
| was not entirely correct. There was a little detail missing. In the | |
| meantime an amended version has been issued. It explains that it is not | |
| enough if the child of someone persecuted by the Nazis was born before 1975 | |
| – he/she must also have been born after 23 May 1949. But for those who were | |
| born before the founding of the Federal Republic, the possibility of | |
| „discretionary naturalization“ offered to Sylvia Finzi is not available. | |
| In mid-November 2018, the German embassy was obliged to correct its | |
| mistake. “Discretionary Naturalization is unfortunately not an option in | |
| your case“, the embassy employee wrote to Sylvia Finzi. „I'm sorry that | |
| when responding to your original e-mail of January 11th 2017, I overlooked | |
| that your date of birth was before the defining date, I'm very sorry – this | |
| mistake should not have happened.“ Sylvia Finzi has no understanding for | |
| this: „How is it possible that granting me German citizenship is not a | |
| matter of course?“ | |
| ## Those affected are joining forces | |
| Because of the apparent injustices in the granting of German citizenship, | |
| an action group of around 100 affected people formed in December 2018, from | |
| across the UK and other countries such as the United States. | |
| Felix Couchman, a London lawyer who co-ordinates the group, calls for swift | |
| action by the federal government, as many of the group’s members are | |
| already elderly; some of them are even direct victims of Nazi persecution. | |
| „The application and processing of our cases should be uncomplicated and | |
| completely obvious, given the past“, he insists. | |
| This is a translation of [3][„Ausgebürgert bleibt ausgebürgert“] that was | |
| published on January 14th. It's an article by [4][Pascal Beucker], | |
| [5][Daniel Zylbersztajn] and [6][Christian Rath]. | |
| 28 Jan 2019 | |
| ## LINKS | |
| [1] /Nachkommen-von-NS-Verfolgten/!5561484 | |
| [2] /Nachkommen-von-NS-Verfolgten/!5561484 | |
| [3] /Nachkommen-von-NS-Verfolgten/!5561484 | |
| [4] /Pascal-Beucker/!a54/ | |
| [5] /Daniel-Zylbersztajn/!a150/ | |
| [6] /Christian-Rath/!a49/ | |
| ## AUTOREN | |
| Pascal Beucker | |
| Christian Rath | |
| Daniel Zylbersztajn | |
| ## TAGS | |
| Staatsbürgerschaft | |
| Exil | |
| NS-Verfolgte | |
| Großbritannien | |
| Lesestück Recherche und Reportage | |
| Schwerpunkt Brexit | |
| taz international | |
| Nazideutschland | |
| Staatsbürgerschaft | |
| Staatsangehörigkeit | |
| ## ARTIKEL ZUM THEMA | |
| Kommentar Staatsbürgerschaft: Absurdität bundesdeutschen Rechts | |
| Die Tochter einer NS-Verfolgten kann nicht deutsche Staatsbürgerin werden. | |
| Mit dieser diskriminierenden Gesetzeslage muss Schluss gemacht werden. | |
| Nachkommen von NS-Verfolgten: Ausgebürgert bleibt ausgebürgert | |
| Marlene Rolfes Mutter floh vor den Nazis nach England. Nun möchte die | |
| Tochter Deutsche werden. Das geht nicht. | |
| Kein deutscher Pass für verfolgte Frauen: Opposition verlangt Neuregelung | |
| Den Nachkommen vom im NS verfolgten Frauen, die im Exil einen Ausländer | |
| geheiratet haben, wird die deutsche Staatsbürgerschaft verweigert. |