On October 3, 1990, the GDR joined the Basic Law. The desire for rapid unification was great. The idea of writing a new, all-German constitution was abandoned in haste. A mistake?
In the autumn of the Peaceful Revolution, tens of thousands took to the streets to shout: “We are the people.” It is the great longing for democracy, for another GDR. But one historic moment later, only one word changes. Now people are shouting: “We are a People”. The dream of German unity is overtaking everything. It’s about freedom of travel, prosperity and German marks.
“I think that some East Germans thought that everything would be like in the Nivea advertising,” says Katrin Göring-Eckardt, now Vice President of the Bundestag and at the time a civil rights activist. During this time, the Green politician says, there weren’t that many alternatives to quick unity.
The celebrations for the anniversary of the Basic Law
The celebrations for the 75th anniversary of the Basic Law begin today in Berlin with a state ceremony. Federal President Frank-Walter Steinmeier will give the ceremonial address at the forum between the Bundestag and the Chancellery at midday. The heads of all constitutional bodies take part in the celebration. The state ceremony is preceded by an ecumenical service.
From Friday to Sunday, there will be a democracy festival for the population around the Chancellery and the Bundestag, which is also dedicated to the 35th anniversary of the Peaceful Revolution in the GDR. Celebrations will also take place in Bonn and Karlsruhe with a human chain around the Federal Constitutional Court.
Feeling unfamiliar with the Federal Republic
This is decided in a night meeting by the GDR People’s Chamber. It is an accession according to Article 23: The Basic Law applies throughout Germany from October 3, 1990. Almost nothing changes in the West, everything changes in the East.
That could be one reason why East Germans are still unfamiliar with life in the Federal Republic today. Göring-Eckardt says that back then “they should have worked on a draft of the basic law, a draft of the constitution.” That means writing something new together and letting the people vote on it. It would have been the founding story of a united Germany.
Draft of a new GDR constitution
How do we want to live? A question that was posed to GDR citizens anyway at the beginning of 1990. You are in the middle of the democratic adventure. And in this no man’s land between the systems, the Round Table meets in Berlin. The old rulers sit there with the opposition and discuss. Grassroots democracy, which was even broadcast on television at the time. It’s still about reforms in the GDR – and a new constitution. You don’t want to submit to the constitution.
A constitution is written in no time at all. The preamble comes from the writer Christa Wolf. The flag of the new, democratic GDR is to be black, red and gold, the coat of arms “Swords into Plowshares” – the symbol of the peace movement.
75 years of the Basic Law
Hard fight for equality
“Failed tremendously”
Much of this constitution is reminiscent of the Basic Law. “Human dignity is inviolable” is also the first article. But there are also differences. The right to work and the right to housing are included in this draft.
Katrin Göring-Eckardt believes that basic rights like these would be good for a constitution today. “We are still discussing rents and who can actually live where and who has to live in poorly insulated and unhealthy apartments. And who can afford to live differently and how many homeless people we have.”
Günter Nooke was sitting at the Round Table in the spring of 1990 – on the side of the civil rights activists. At the time, he was campaigning for reunification with a new constitution. “It failed spectacularly,” he says today. It was an attempt to “enter German unity on equal terms and to mitigate the shortcomings of accession somewhat. But I think that was very idealistic.”
On March 12, 1990, the draft constitution for the GDR was ready. The People’s Chamber was to approve it, and then the people would vote. But just six days later, the first free elections took place in the GDR. The people voted, but for rapid unification. In other words, for the Nivea advertising dream and against long discussions about a constitution.
Not talked to each other enough?
“Now we’re always just in a repair shop,” says Katrin Göring-Eckardt. “East Germans always have to explain that they’re not weird. Why were there such things as better West Germans and whining East Germans? Because we didn’t talk to each other enough, because we hardly got to know each other.”
The Basic Law is a blessing for Germany, says civil rights activist Günter Nooke, who has found his political home in the CDU. There is no need for a new constitution. But more interest in the East is needed. “It is only when the new federal states vote differently than they had imagined or wanted that people are surprised and say: Oh, we have to take care of the East. I find that worrying.”
What is not can still become
It would have been wise to write a new, common constitution in 1990 or later, says historian Ilko-Sascha Kowalczuk – even if it was only symbolic. “States, nations, societies need symbolic reference points, and I think we gave them away rather carelessly back then,” he says.
But what is not yet can still become. Kowalczuk advocates thinking together about a constitution. This is not only the task of lawyers, but of society as a whole. “We have a problem with enemies of democracy, with enemies of the Basic Law from the right and the left. And it is precisely these that I would like to counter with a democratic constitutional process.” A constitution that is decided by the people strengthens democracy.
referendum about a new constitution?
Thuringian Prime Minister Bodo Ramelow announced on Tuesday in the “Frankfurter Allgemeine Zeitung” proposed a referendum to transform the Basic Law into a German constitution by means of a referendum. According to the left-wing politician, the “emotional alienation” of East Germans could be overcome with the Basic Law drawn up in West Germany 75 years ago.
The possibility exists. Article 146 still exists. It is the last one and it states that the Basic Law loses its validity when a new constitution comes into force.
The Basic Law was intended as a provisional measure. It became one that will last 75 years and that many are happy with. But maybe there would be a chance to do it even better.