The Berlin Senate will vote on Thursday on a proposal to ban the burning of flags of foreign states. The call to amend the criminal code was initiated by the conservative CDU faction, after Israeli flags were torched last month during pro-Palestinian protests in the German capital.
The ban would apply to symbols of a state, as well as those of religious significance or those that are generally associated with a religion or a state.
So far, only “official” flags, like the ones waving outside embassies or official government buildings enjoyed legal protection, but the motions calls to expand the ban to include also unofficial settings, for example during demonstration and in regards to makeshift flags.
“The recent riots in Berlin following the US president’s announcements recognising Jerusalem as the capital of Israel and intending to move the embassy there, give cause for considerable concern”, reads the proposal.
“Whatever might be the reason, burning of Israeli flags, Star of David or other damage to Jewish or Israeli symbols, especially in Germany, is unacceptable. Neither in relation to the state of Israel, nor in relation to any other foreign state, can such acts be tolerate.”
The motion also stresses that “especially considering the historical responsibility of Germany and Berlin, it is necessary to make clear that antisemitism and hatred against other states have no place in our city.”
“Witnessing people burning flags of other countries is a rather new experience in Germany, therefore up to now there was no need to act,” noted CDU faction member Robbin Juhnke. But the recent sight of people mocking symbols of foreign states is intolerable, especially when it comes to hate against Israel, he added.
The President of the Central Council of Jews in Germany, Josef Schuster, welcomed the initiative, stressing that acts such as flag burning “have nothing to do with political debate or freedom of expression. Such an act reveals a deep contempt for the respective state or religious community.”
The Bundesrat, the upper house of the German parliament, representing the 16 federal states, should also consider implementing a nationwide amendment that clearly prohibits the burning of flags, Schuster suggested.
