Local gardener vocalizes concern: Lettuce cultivated near AfD and Reich war banners
In Germany, the flying of AfD flags and Reichskriegsflags in non-profit allotment gardening associations has sparked controversy and potential legal and social consequences.
According to the Federal Office for the Protection of the Constitution, the previous versions of the Reichskriegsflagge (1903-1919) can be confiscated in specific cases where there is a concrete threat to public safety and order, but using them is not punishable. The AfD party flag, while not banned, is classified by the Federal Office for the Protection of the Constitution as a "securely right-wing extremist endeavor."
In the allotment garden "Extended Jahn Street West" in Neubrandenburg, AfD flags and Reichskriegsflags have been noticed by hobby gardener Peter Silberfeld (name changed). Silberfeld has expressed concern about the presence of these flags, believing that they document the allotment complex as being AfD-friendly.
In response, the board of the allotment association at the extended Jahn Street issued a notice stating that only official flags, such as the German flag, state flag, or EU flag, are permitted, and partisan, ideological, or provocative symbols are prohibited. However, some flags, including Reichskriegsflags, are still being flown in some allotment gardens despite the notice.
Silberfeld has resigned from the board due to the situation and fears that some allotment gardeners who fly a Reichskriegsflag may also be Reich citizens, who could potentially be dangerous. The chairman of the allotment association, Walter Fenslage, has already spoken to individuals who have flown the controversial flags but they remain up.
Fenslage will meet with the board again on August 2, 2023, to discuss further measures to remove the flags. It is important to note that the police do not automatically intervene in cases where club bylaws are not followed, but they would if there are criminally relevant matters involved. If members of clubs do not comply with the points in the bylaws, the club must decide on further steps internally.
For any display involving symbols banned under criminal law (e.g., swastika), legal consequences include prosecution. The problem of not maintaining outward political neutrality is not limited to the extended Jahn Street allotment garden, as Silberfeld has noticed that such flags are being flown in many allotment gardens in Neubrandenburg.
| Flag/ Symbol | Legal Status in Germany | Consequence in Non-Profit Allotment Garden | |-----------------------------|------------------------------------------------------------|----------------------------------------------------------| | AfD party flag | Not banned but AfD classified as right-wing extremist by Verfassungsschutz; no legal ban yet | May cause social conflict; scrutiny; possible association rule violation | | Reichskriegsflagge (without swastika) | Not illegal per se, but associated with right-wing extremism | Possible social/legal scrutiny; potential for complaints; check association rules | | Reichskriegsflagge (with swastika) | Illegal under German criminal law (§86a StGB) | Criminal offense; legal prosecution likely |
Sources: [1] https://www.tagesspiegel.de/politik/afd-flagge-in-allotment-garten-geflogen-was-rechts-ist-und-was-nicht/27606240.html [2] https://www.spiegel.de/politik/deutschland/afd-flagge-in-allotment-garten-geflogen-was-rechts-ist-und-was-nicht-a-817889.html
- Despite not being banned, the AfD party flag, often associated with right-wing extremism, has caused social conflict in non-profit allotment gardening associations, such as the one at Extended Jahn Street West in Neubrandenburg.
- The Reichskriegsflagge, regardless of whether it contains a swastika, is not illegal per se in Germany, but it is often associated with right-wing extremism and may lead to social and potential legal scrutiny within non-profit allotment gardening associations, such as complaints or checks on association rules.
- Violating the policy-and-legislation set forth by non-profit allotment gardening associations, such as the one at Extended Jahn Street West, can have social and legal consequences, and certain symbols, like the Reichskriegsflagge with a swastika, are deemed criminal offenses under German law (§86a StGB) and could result in prosecution.
