Why Are People Leaving Kosovo? (With Pictures)

So, thousands of Kosovars are getting on buses to Germany, filing claims for political asylum, and being accommodated in German shelters. The trend started in 2014, and has skyrocketed in 2015. Tens of thousands of Kosovars have applied for political asylum in Germany in the past two years. Considering Kosovo has a population of only 1.83 million people total -- half the size of Berlin -- these are gigantic numbers.

So, what has happened in Kosovo to prompt this wave of emigration? Has there been a recent crisis?

The answer is no. Kosovo is classified by the World Bank as a lower middle income country. According to the World Bank (which keeps good numbers regardless of what you think of its policies) Kosovo's Gross National Income per capital has increased 60% in the last decade. Average life expectancy has risen by 2 years over the last decade, to 70.8. That is close to the average for developing countries in Europe, and four years longer than the entire group of lower-middle income countries. Its poverty rate is 29.2%, down from 45% in 2006. Kosovo receives millions of dollars in development aid from a number of sources.

I visited Kosovo for over a week in 2010. A friend of mine was a development worker there, and gave me plenty of tips. Kosovo is easy to get around in because it's so small, but has some dramatic mountain scenery. It was very easy to chat with people, because Kosovars love Americans because of the role the US played in achieving independence. Main streets in Prishtina are named after George W. Bush and Bill Clinton, and there is a massive sculpture of Bill Clinton downtown. Most younger Kosovars are trying to learn English, and many have learned it pretty well. Kosovo was the only country in Europe I've ever visited where being an American earned me spontaneous hugs, handshakes, and free gifts in stores. Like everyone in that part of the world, Kosovars are generally extremely friendly and hospitable.

Kosovo is quite safe. I like to wander around alone in cities, and I could do this everywhere I went without any problem. The only place that felt a bit sketchy were in the north, where I went to visit Gracanica, a monastery whose magnificent Orthodox cathedral whose interior is covered with 14th-century frescoes. There were a few UN or OSCE security guards there to prevent intercommunal violence, but they looked bored. If you wander into one of the few remaining Serbian enclaves in Kosovo, you'll know it, because the colors of the Serbian flag are everywhere, and you can buy pork. Serbs stared at me a bit in Gracanica, but only with curiosity. Needless to say, I didn't go around telling everyone I was an American up there. Kosovar politics are corrupt, just as they are in virtually all countries in that general region. Many political parties are based around shady millionaires or former paramilitary captains from the liberation war. Some parts of the country are still mined.

Most Kosovars are Muslim, but not at all fanatical about it. Many will say they were forced to convert by the Ottomans, and so their heart really isn't in it. Kosovo has its own kind of rakia, just like every other country in that region. And just like every other country in that region, they insist theirs is the only drinkable version and the others are horse piss. You see very few headscarves, and women in summer wear skimpy clothing. If you make the mistake of thinking that means they're available for a one-night stand, you will be immediately corrected by a brother or cousin. Bridal boutiques are literally everywhere; you get the very strong impression this is a country in which young people's only chance at regular sex is getting married.

Overall, Kosovo is about in the middle in terms of developing countries I've visited. It has all the problems developing countries have -- and there are a lot of those -- but it's not falling apart or in crisis. Starvation and malnutrition is rare, and there is an educational system that functions at a primitive level. If you can possibly afford it, you try to send your kids to private school -- just like in other countries in the region. Nevertheless, illiteracy is disappearing among younger generations, as is the literacy gap between men and women.

So, to sum up: Kosovars are not leaving their country because of war, starvation, epidemics, ethnic cleansing, or other similar issues. There is simmering low-level ethnic conflict between Albanian and Serbian ethnicities, and minorities such as Sinti and Roma do very poorly compared to the majority, which is the case in all socieities. Kosovar is not poor, it's lower-middle-income and making slow but steady progress. It is also received hundreds of millions of dollars in development aid, although there's a lively debate about whether that's done much good.

The reason Kosovars are traveling to Germany and claiming asylum is that (1) their country is relatively poor, compared to wealthier Western European neighbors; (2) Western Europe is incredibly easy to reach by plane, bus, or even informal taxi (g); (3) they have been told they will get 'welcome money' from Germany (false) and a monthly stipend of €140 while they're here (true). They have nothing to lose. If their asylum claim is rejected, as it will be, they may be able to escape repatriation any number of ways, either legally or through concealment. Odd jobs or petty crime may well earn them more money here than they could get at home. And there's always the one-in-a-million shot (almost literally one-in-a-million) that they will actually get asylum or another grant of legal status. If they are repatriated, they will simply return to whatever high-rise they lived in with their families before. I don't blame them for trying to get to Germany. I might even try this in their situation. But, in my view, that doesn't mean Germany has any moral, ethical, or legal obligation to grant them permanent legal residency status.

Here are some pictures I took on my trip to Kosovo. Interesting place! Info in hover text.

027 - Prizren - Barber in Hut
027 - Prizren - Barber in Hut

028 - Prizren - Election Posters on Wall
028 - Prizren - Election Posters on Wall
028 - Prizren - Election Posters on Wall
028 - Prizren - Election Posters on Wall
028 - Prizren - Election Posters on Wall
028 - Prizren - Election Posters on Wall
028 - Prizren - Election Posters on Wall

 

072 - Recycled German Bus in Prishtina 1
072 - Recycled German Bus in Prishtina 1
072 - Recycled German Bus in Prishtina 1
072 - Recycled German Bus in Prishtina 1
072 - Recycled German Bus in Prishtina 1

069 - Prishtina Memorial Fence 2

Ginger Bookstore Bag
Ginger Bookstore Bag
Ginger Bookstore Bag
Ginger Bookstore Bag
Ginger Bookstore Bag
Ginger Bookstore Bag
Ginger Bookstore Bag
Ginger Bookstore Bag


Germany Receives Highest-Ever Monthly Number of Migrants in July 2015

Germany just broke a record: 79,000 people arrived in Germany and filed claims for political asylum in July 2015 alone (g). This is the highest monthly total ever recorded in Germany. According to the Federal Ministry for Migration and Refugees, 450,000 migrants will arrive in Germany in this year alone. If those numbers seem almost unbelievably high, that's because they are. As of right now in Germany, 209,000 asylum applications are being processed. 90,000 of them were filed by migrants from the Balkans, over 99% of whom have no valid grounds for political asylum. In the past few weeks alone, 30,000 Albanians applied for political asylum. 99.9% of these claims are rejected, as Schmidt reports.

The FAZ also notes that members of the Green Party, who are twice as likely as other Germans to endorse open borders, tend to live in expensive urban areas (g) of German cities in which you find almost no migrants. Fancy that!


German Bloggers Accused of Treason For Publishing Budget Documents

Two German bloggers at the website netzpolitik.org (g) are now being investigated for treason (g) -- yes, treason -- for publishing leaked documents detailing the budget of the Federal Agency for Protection of the Constitution, the German state's domestic spy agency. There is a federal level APC and one in every state. They are highly controversial. Originally envisioned as a way of identifying right-wing threats to the German post-war social order, they are accused by left-wing groups of having an establishment bias, and primarily investigating left groups.

At this point the two men behind the website have only gotten letters telling them an investigation has begun. But the punishment is 'at least one year in prison'.

Germany has been conducting a completely pointless debate for the past two years over whether Germany should offer Edward Snowden asylum. That will never happen. Perhaps the focus should not shift to whether German bloggers should be offered pardons from allegations of treason for publishing documents the government didn't want Germans to see?


You Cannot Film the Police in Germany

The German press is fascinated and disturbed by videos of American police using excessive force, like the one above.

Why do these videos exist? Because in the United States, it is every citizens' constitutional right to film the police doing their job unless they are interfering with police work:

Taking photographs and video of things that are plainly visible in public spaces is a constitutional right — and that includes the outside of federal buildings, as well as transportation facilities, and police and other government officials carrying out their duties.

Police often tell people to stop filming, but those cops don't know the law. Unless the videos are obscene, you can post those videos to the Internet with full constitutional protection, and that's exactly what people do. They are then played over and over on German websites.

Can you film cops arresting people in Germany and then post that video straight to the Internet? The short answer is: absolutely not. The somewhat longer answer is: Sure, you can do it, but you could well be sued for tens of thousands of Euro, and have to wait for a court decision about whether the public interest in publishing the video was stronger than the privacy rights of the people displayed.

The crucial background to know about this issue is that German law gives people powerful protections over the use of their own image and voice and the protection of their privacy -- legal protections which most Germans appreciate, and which don't exist to anywhere near the same extent in the US. The question then becomes whether police officers doing their jobs in public enjoy these same protections. Many German courts have held that they do.  

Marvin Oppong, a journalist for the 'torial' (g) blog in Germany who wanted to film his own questioning by police decided to look into the matter in detail. He interviewed several lawyers nad journalists. Here's a summary of what he learned:

  • Can you take pictures of the police? German courts are all over the place on this issue. Some say this is basically allowed in public spaces. It also depends on where. Inside buildings such as train stations you may be prohibited from doing so because of station rules. According to other decisions, the police can also request that you delete the photos or promise not to distribute them in any way or they will sue civilly. 
  • Can you video record your own encounters with the police? Yes, unless it interferes with their work. However, you may face civil or criminal liability if you distribute the results in any way without the officers' consent, since they have a right to control the distribution of their own image. Recording their voices is only permissible in a 'completely open and public' situation. If that is not the case, then simply recording their voices is actually a crime bringing up to three years' imprisonment. You read that right: if the situation is not deemed public (whatever that means), merely recording someone's spoken words is itself a crime. If the policeman knows you are recording his voice and doesn't object, that may be a defense. 
  • Can you publish photos and videos of a police encounter on the Internet? No: German courts have held that publishing videos of a police officer's conduct on the internet creates a 'pillorying' effect that violates the police officer's right to the protection of his personality (Persönlichkeitsrecht in German). This is so even though you are filming the officer doing his or her job in public. You may be able to publish general photos of public events, but a photo that clearly focuses in on one officer will violate that officer's right to control over the distribution of their own image. Which means you will need the officer's permission to publish it.
  • Can police ask you to identify yourself if they see you filming them? Basically, yes. They can also bring you to the police station for questioning if you don't have any personal ID with you.
  • Are the rules different for journalists? Possibly. If they are filming an incident of public importance, they may be able to claim that their right to do their job outweighs the officers' rights.

So, to sum up: if you are a private citizen and see German police officers engaging in questionable conduct in public and post a video of that in the Internet -- as Americans do hundreds of times every day -- you will enter a legal minefield of contradictory court precedents. You will probably expose yourself to tens of thousands of euros in damages as well as possible criminal prosecution. Your only hope is if a court, in your specific case, finds that the public interest served by your publishing the video outweighed all of the restrictions German law places on taping and photographing people. Even police officers doing their job in public.


Berlin-Brandenburg Airport Makes its International Debut

Until now, I've only seen brief mentions of the Berlin-Brandenburg Airport fiasco in the English-language press. But now, Bloomberg brings all the gory details into the Interwebs, in all their goriness:

“Professor, let me understand this,” Loge said. “You are talking about having 800 people wearing orange vests, sitting on camping stools, holding thermoses filled with coffee, and shouting into their cell phones, ‘Open the fire door’?” Loge refused the airport an operating license. Schwarz stood up and walked out without another word.

The next day, in a hall packed with government officials and journalists, Schwarz sat grimly behind a table with four other officials, including Mayor Wowereit, and announced the unthinkable: The airport wouldn’t open as scheduled. The inaugural bash and overnight move from Tegel were scuttled.

It was merely a prelude to a debacle that is still unfolding. Three years later, Berlin Brandenburg has wrecked careers and joined two other bloated projects—Stuttgart 21, a years-late railway station €2 billion over budget, and an €865 million concert hall in Hamburg—in tarnishing Germany’s reputation for order, efficiency, and engineering mastery.

At the very moment Merkel and her allies are hectoring the Greeks about their profligacy, the airport’s cost, borne by taxpayers, has tripled to €5.4 billion. Two airport company directors (including Schwarz), three technical chiefs, the architects, and dozens if not hundreds of others have been fired or forced to quit, or have left in disgust. The government spends €16 million per month just to prevent the huge facility from falling into disrepair. According to the most optimistic scenarios, it won’t check in its first passengers until 2017, and sunny pronouncements have long since given way to “catastrophe,” “farce,” and “the building site of horror.” There is a noted German word for the delight some took in the mess, too. 


'Other People's Indians' and Germany's Minority-Filled Prisons

In one of his essays from the 1976 book Emperor of the Earth: Modes of Eccentric Vision, Czeslaw Milosz reminisces about the 19th-century American novelist Thomas Mayne Reid. Reid wrote Western novels which became popular after they were translated into Russian, and is probably still more famous in Eastern Europe than in the USA. Milosz noted a curious fact: Reid's novels contained matter-of-fact scenes in which European Americans slaughtered and multilated American Indians and vice-versa -- but when it came to the fate of Montezuma at the hands of the perfidious Papist conquistadores, Mayne penned a gushing tribute to the nobility of the hapless Aztecs. Milosz notes in an aside: 'as often happens, Reid loved Indians, but only “their” Indians.'

'Other peoples' Indians': The tendency to attribute poor integration of minorities in other countries exclusively to the majority's racism, but the poor integration of minorities in your country to deficiencies among the minorities. And the OPI effect is alive and well. Let's take an example. Here's a graph of the percentage of foreigners (adapted from statista) among the prison populations in a variety of European countries:

Untitled

Switzerland tops the list with a whopping 74.2%. Yes, you read that right: 74.2% of the people in Swiss prisons are not Swiss. Germany is nowhere near as skewed; only 27.9% of its prisoners are foreigners. But keep in mind that German only counts foreign nationals in its prisons. If you are of Turkish or Moroccan ancestry but have a German passport, you are not included.

If you define an ethnic minority in Germany the way most legal systems do -- someone whose external appearance is different from the native population and who has been the victim of discrimination by the majority native population -- then the number of ethnic minorities in German prisons, I am sure, would be at least 50%. There are no reliable statistics I have yet seen to prove this, because Germany doesn't keep them (see no evil, hear no evil, speak no evil). But I've visited many German criminal courts, talked to cops, prosecutors and defense lawyers, and been to German prisons. Everybody recognizes the vast over-representation of ethnic minorities in German prisons as an everyday fact of life that only the most reality-resistant Green Party ideologue would ever contest. I am happy to be corrected on this, but nobody has so far succeeded.*

So, Germany's prisons are filled with a disproportionate number of ethnic minorities, just as America's prisons are. Now is where things get interesting. Why is that the case? Here is the explanation you will find in the average German newspaper:

  • Blacks and certain other minorities are over-represented in American prisons. It is inconceivable that this could be the product of higher rates of violent crime among American blacks. The reason for this over-representation must be discrimination in the American justice system. [Illogical but frequent further conclusion:] Therefore, America is an irredeemably racist society.
  • Ethnic minorities are over-represented in German prisons. Since there is no racial discrimination within the German criminal justice system, which is staffed by honorable professionals, these conviction rates reflect reality: minorities commit crimes that get you in prison more frequently than ethnic Germans commit them. This is because minorities tragically fail to adapt properly to German society, despite the noble efforts we Germans make to help them. [Illogical but frequent further conclusion:] The fact of their crime rates must be concealed and obfuscated as much as possible, since it could feed into right-wing stereotypes of 'criminal' immigrants.

I could find dozens of examples to back up these narratives, but since we all know that, I'll just skip it. I will point to an interesting counter-example, though, from Focus of all places: in an article about German prisons, the author notes (g) quotes an expert and a study showing that German judges gave noticeably longer sentences for the same crime when the offender had a Turkish name rather than a German one. But that's still the exception.

Continue reading "'Other People's Indians' and Germany's Minority-Filled Prisons" »


When Can German Police Stop and Question You?

Public service time! In the USA, there is a cottage industry of people spreading the word about what rights citizens have during encounters with police. One of the best videos is from 'Flex Your Rights'. It's just below. The video addresses automobile stops and house searches, but I decided to concentrate on this post on police stopping and questioning people on foot. The video starts just as a a police car pulls up to question a young black male. The cops are investigating illegal graffiti in the area. The lawyer comments on each step of the transaction: 

So what's the situation in Germany? A popular German legal website has a short but informative article here (g). The basic ground rules:

Police must always give you a reason for stopping and questioning you. However, this reason does not alway have to be a concrete suspicion. In certain circumstances police are permitted to stop people as a preventive measure to avoid dangers to public safety (Gefahrenabwehr). These are not intended to assist in investigating a crime, but rather preventing one.

For this justification to apply, it needs to be shown that a danger to public safety exists at a particular location -- for instance, a demonstration in which disturbances are likely to take place, or a well-known drug market where crimes are routine.

Such places are often named specifically in your local state's local-policing law -- for instance Bavaria allows suspicionless public-safety searches where large numbers of prostitutes gather. Also, in special circumstances police can declare entire regions of a city 'danger zones', as Hamburg did in 2014 during left-wing demonstrations.

And what if the police do stop you based on general location? You are required to answer basic questions: your name, your address, your nationality, date and place of birth. The police can ask you to present an identification card (either the German national identity card or a passport), but you are not required to carry this identification around with you everywhere, so if you don't have it with you, that is not against the law.

The police may ask you further questions, such as where you are coming from and where you are going, but you are not required to answer them. A lawyer quoted in the article recommends that you do answer them in a polite but very curt manner, since this is likely to de-escalate the situation.

Note that this applies only when the police stop you without any concrete suspicion you have committed a crime. If they do have such a suspicion, they may be entitled to ask more questions.

The police are also permitted to engage in questioning of random people without individualized suspicion of crime at airports and train stations and trains. The purpose of these stops is usually to try to find illegal immigrants. A German court has found that stopping someone based solely on their appearance or skin color is unconstitutional according to the German Basic Law. (The lawyer in me says they will almost certainly find other ways to justify the search, though.)


Yet More Context for Black Prison Population

In response to a few comments on the last post, here are a few graphics from a major recent paper on black crime rates in the USA. The full citation is: Steffensmeier et al., 'Reassessing Trends in Black Violent Crime, 1980-2008: Sorting out the 'Hispanic Effect' in Uniform Crime Reports Arrests, National Crime Victimization Survey Offender Estimates, and U.S. Prisoner Counts. Criminology, 2011; 49 (1): 197 DOI: 10.1111/j.1745-9125.2010.00222.x.

The problem with some American crime statistics is they lump in Hispanic offenders with whites. A part of the abstract reads:

We argue that prior studies showing a shrinking Black share of violent crime might be in error because of reliance on White and Black national crime statistics that are confounded with Hispanic offenders, whose numbers have been increasing rapidly and whose violence rates are higher than that of Whites but lower than that of Blacks.

The paper later explains why failing to separately count Hispanics may distort the true size of the Black-White gap in violent crime:

Because most Hispanics identify as White (approximately 93 percent) and few as lack (approximately 4 percent) and because crime-reporting programs typically record Hispanic arrests as White arrestees, failing to separate ethnicity from race—in particular, failing to separate Hispanics from non-Hispanic Whites—not only limits understanding of ethnic involvement but also hides the true disparity between Whites and Blacks. Rates that blend Hispanic origin across race inflate White rates and deflate Black rates, making 1) the disparity between the two groups seem less extreme than when Hispanic ethnicity is considered (Demuth, 2002, 2003; Hartney and Vuong, 2009; Steffensmeier and Demuth, 2000) and 2) possibly creating an illusion of Black–White convergence or a shrinking Black proportion of overall violence.

The authors then apply a corrective for this problem, and report the results:

1. A small-to-moderate increase in the Black fraction of homicide from 57 to 65 percent (vs. virtually no change [49–50 percent] in the confounded Black fraction).

2. A small increase in the Black fraction of robbery, from 67 to 70 percent (vs. a small decline in the confounded Black fraction from 60 to 57 percent).

3. A small increase for aggravated assault, from 42 to 44 percent (vs. a small decline in the confounded Black fraction, 37 to 34 percent).

4. A large decline in the Black fraction for rape, from 54 to 42 percent (vs. an even larger decline in the confounded Black fraction, 48 to 33 percent).

As with all modern survey, the authors consider both arrest and victimization rates, as well as other measures. Here are some relevant graphics from the paper:

Pages from Steffensmeier et al reassessing black criminality for hispanic effect criminology 2011So, as you can see, Blacks make up 12.6% of the US population, but according to the revised statistic in this paper, account for over 63% of all arrests for homicide. Even under the old, confounded number the percentage was 51%, still far in excess of their representation in the population. The authors then provide graphics for the multiple of how much higher black v. white crime rates are for specific crimes:

Pages from Steffensmeier et al reassessing black criminality for hispanic effect criminology 2011So these charts show how many times greater the Black crime rate for various crimes is than the white crime rate. The Black murder rate is about 11 times higher than the white murder rate, the black robbery rate is about 15 times higher. The gray lines are from victimization surveys, which as might be expected differ somewhat from arrest-rate surveys.

This study isn't the last word -- what study is? -- but it's well-respected and frequently cited. It shows no matter how you calculate it that rates of violent crime among Black Americans are significantly higher than those among White Americans. Since violent crimes such as these are the most likely to be punished with prison sentences, this information is essential to any assessment of potential racial discrimination in the US justice system. Any comment on the US justice system that leaves it these data is much, much worse than useless.

This is not to deny discrimination in the US justice system -- many studies show Black and Hispanic offenders receive 10-15% longer sentences than Whites for comparable crimes, and of course the imprisonment of non-violent drug offenders is heavily racially-loaded. But the huge disparities between Black and White violent crime rates shown above are doing a lot of the work explaining the over-representation of Blacks in US prisons. And I'm sure that the statistics of crime and incarceration rates for non-ethnic Germans in Germany probably would reveal similar trends.


Bleg: Who is on the Murder Commission and Where is Their Report?

Justice Minister Heiko Maas formed a commission last year to reform the definition of murder in Germany's Penal Code. The current version dates from 1941 and is supposedly tainted by the National Socialist criminal-law philosophy of 'criminal types' -- that is, focusing on the nature of the criminal rather than the act.

You can read everywhere on the Internet that Maas formed an 'expert commission' that submitted a long report with suggested reforms (g) to the definition. However, after quite a bit of searching, I haven't been able to find any information about either the commission or the report. It must be out there somewhere, right? Can anyone help?


New Documentary on Jens Soering

This is a new German documentary about Jens Soering, the German national who was convicted of a 1985 double-murder and sentenced to life imprisonment in Virginia, where he still is. Here are two trailers, the first in German, the second in English.

Soering's case has a long and complex history. While in England, he fought extradition to the state of Virginia on the grounds that it would violate European human rights law for Britain to extradite Soering to Virginia to face the possibility of capital punishment. The European Court of Human Rights agreed in Soering v. UK. Virginia dropped its demand for the death penalty, Soering was returned, convicted, and now is in prison for life.

He initially confessed to the crime and fled the country. He now claims he's innocent of the crime, but I haven't really been convinced by anything I've read so far. The documentary looks intriguing, I'll post any thoughts as soon as I've seen it.

This is the first and last time I will ever put a trigger warning on this blog, but these videos contain brief shots of crime scene photos with mutilated human bodies, so be advised.