I. The new „Law for the Promotion of the Bundeswehr in Bavaria“, which was passed by the Bavarian state parliament in mid-July 2024, requires Bavarian universities and schools to cooperate more closely with the Bundeswehr.
Public opposition in the run-up: The German Peace Organisation DFG-VK, trade unions, school and university members and numerous public figures warned in advance against the adoption of the law and announced a constitutional review. (Critics of Bavaria’s Bundeswehr Act threaten legal action, Süddeutsche Zeitung/Zeit-online, dpa 10 July 2024). More than 1,500 people – including singer-songwriter Konstantin Wecker, theologian Dr Margot Käßmann, labour law expert Prof. Dr Wolfgang Däubler, former IG Metall boss Jürgen Peters and civil rights activist, lawyer and publicist Dr Rolf Gössner – signed a petition against the law. Among other things, they fear that its implementation will lead to a „militarisation of the education and research sector“. According to the Bavarian Education and Science Union (GEW), the new Bundeswehr Promotion Act „disproportionately interferes with the autonomy of universities and thus with the freedom of research and science“ and „violates the freedom of conscience at schools“.
II In fact, the law passed by the Bavarian state parliament on 17 July 2024 regulates serious encroachments on constitutional and fundamental rights:
1. of colleges, universities and research institutions : The Bundeswehr Promotion Act is intended to ensure „smooth cooperation“ and „unhindered access of the Bundeswehr to research and development at universities“. The wording of the law states: „Research results may also be used for military purposes of the Federal Republic of Germany or NATO allies“ and: „A restriction of research to civilian uses (civilian clause) is not permitted“. This is because, according to the explanatory memorandum to the law: Civilian clauses are „unacceptable in view of the existing security policy challenges“; after all, the aim is to secure „the research and scientific potential of Bavarian universities also in favour of military research and development“.
2. state schools : All state schools are to work more closely with „youth officers“ and „career advisors of the Bundeswehr“ „within the framework of political education“ and on „questions of security and defence policy“, including for „professional orientation on career and deployment opportunities“ with the Bundeswehr. Until now, schools and teachers have been able to decide for themselves whether to include the Bundeswehr in social studies lessons, but now it is practically compulsory. This impinges on the freedom of conscience of pupils, who are being influenced in this one-sided way. And it is fuelling a worrying trend: in the last five years, the Bundeswehr has recruited almost 8,000 minors throughout Germany and trained them in weapons (with the consent of their parents or guardians) – and the trend has been rising recently. This is despite the fact that the UN Committee on the Rights of the Child demands a recruitment age of over 18 years, i.e. the age of majority (FR 26 July 2024), in order to prevent the recruitment of child soldiers.
3. duty to cooperate in the national security interest : In addition to a principle-based requirement to cooperate, a duty to cooperate is expressly prescribed for schools, colleges and universities in the „interests of national security“.
III. The explanatory memorandum to the law states that it is the „task of the state“ to „prepare our society for the fundamentally changed security situation“, which has an impact on almost all areas of life. The Free State must also „contribute within the scope of its (regulatory) competences to strengthening the Bundeswehr, shaping the framework conditions for the fulfilment of the tasks of the Bundeswehr and the stationed forces in the best possible way and consolidating the support of the population for our soldiers“. Obviously entirely in line with the military „turnaround“ proclaimed by the federal government and the government’s endeavours to make the Bundeswehr comprehensively „socially acceptable“ and „fit for war“. In fact, the Federal Ministry of Education already has plans to have the military advertised even more intensively in schools and to open up universities more to military and armaments research.
IV. It is highly probable that the Bavarian „Act on the Promotion of the Bundeswehr“ will disproportionately and unconstitutionally interfere with the freedom of science and research and the autonomy of Bavarian universities and promote the militarisation of schools and science, teaching and research. The Bavarian Constitutional Court must therefore be asked to review the constitutionality of this military funding law as soon as possible.
Photo in the header and in the feature image: Fritz Bauer Forum | BUXUS STIFTUNG, photographer: Richard Lensit; photo of „The Visitor“ by artist Angela Schilling in the exhibition for the opening of the Fritz Bauer Library, August 2023.
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