May 23, 1949 is not a date that is well settled in the Germans' awareness. Maybe that is because May 23 is the date in which Germany was stigmatized by being divided into two states. Yet who would the Germans be today without this date? Without the Basic Law ratified that very day? For it is, to my mind, the best one Germany ever had in its entire history!
In May 23, 1949 the Federal Republic of Germany was born. It was its 60st birthday last Saturday and it was celebrated with many events, the most highly significant one being the elections of Germany's Federal President by the Federal Assembly, in which Horst Köhler was re-elected for his second five-year term.
Germany is 60 years now! Back on May 23 in 1949, the colours black - red - gold were hoisted as the national German flag for the very first time. It was a modest ceremony, yet the beginning of a great story of success. The historian Heinrich August Winkler in an interview with Guido Knopp, one of Germany's most popular journalists, puts it that way: "Looking back the importance and the historical relevance of May 23 in 1949 is immense, as if ever we talk of a story of success of the Federal Republic of Germany then at the same time we also mean the story of success of the Basic Law, which back then came into force."
It was one year earlier to that when the prime ministers of the Western German Countries, gathered in the American headquarters in Frankfurt, were called to form a constituent assembly to politically unite at least Western Germany. And of course the prime ministers were hesitant to do so, as that meant accepting East Germany as separate and thus, accepting a divided Germany. "The gap between the Soviet Union and the western forces as well as between their political systems back then was as wide as it was not anymore bridgeable by Germans. Sad to say, but the dividing of Germany was a result of the logic of history after 1945," said Winkler.
In August 1948 a group of historians, politicians and administrators met in Herrenchiemsee Castle to draft a Basic Law. Upon reconsidering the weaknesses and errors of the Weimarer Republic, which had been the democratic political system before World War II, they made it to come up with a new Basic Law which was made fit for the conditions and circumstances in which the Germans lived back then. It took them 13 days to put forward the first provisional agreement which outlined the Guiding Principles of Herrenchiemsee: The unalterable basic rights; a firm government; a federal state; no petitions anymore. Germans then knew it takes democrats, who seriously care for their democracy. They had learned their lesson and it was then Germany's second chance.
Winkler explains: "This democracy was intended to be functional, to readily defend itself, to not be neutral towards its enemies, to be representative, and it is exactly this understanding that is the foundation of the Grundgesetz," the Basic Law. Maybe Germany was just fortunate to be given that chance to push the reset button and start it all anew.
The Parliamentary Council, a body built by the representatives of the Federal German Governments, further processed the draft of the Basic Law. Among the most important minds on the matter were the liberal Theodor Heuß, (later the first German Federal President), the conservative Konrad Adenauer (first German Federal Chancellor) and the social-democrat Carlo Schmid (the actual father of the German Grundgesetz).
On May 8, 1949, five years after capitulation the Grundgesetz (Basic Law) was accepted with 53 votes "yes" and 12 vodes "no". Helmut Schmidt, former Federal Chancellor says: "It was meant as a provisional arrangement. Nobody knew if it would last 10 years or maybe 30 years. But it was recognized that the Parliamentary Council - other than demanded by the Americans and the allied forces - had not put forward a constitution but merely the Grundgesetz", the Basic Law. A constitution would have meant to politically accept the dividing of Germany. That was unthinkable for Germans and thus there was no German council which would indeed demand a constitution. Establishing the Grundgesetz allowed the West German Countries to grow stronger in being democratic, to proceed and to regain political capacity to act, but yet would tell the intention that Germany must one day be re-united.
Black-red-gold, the colours of the Democratic Revolution of 1848 became the colours of Germany and the Grundgesetz became the foundation of the new Federal Republic of Germany. Five months later, October 7th 1949 the eastern German country was, under the leadership of the Soviet Union, made the German Democratic Republic. The Germans who back then had hoped to have a choice where in Germany to live were given that freedom only 40 years later, after October 9, 1989, when finally the wall fell.
Maybe Germany's story in a way can be read as some kind of instructions for use on how to build a democratic nation. It shows, that it is not enough to have a notion of democracy (1848 Democratic Revolution), it is not even enough to establish democratic structures (1918 Weimarer Republic), but if democracy is really intended, then it takes defined laws, which defend it and which protect it from its enemies. All the more however it takes educating the nation on what it means to be democratic. It takes to grow a sensitive awareness for democracy; it takes ordinary people to be democrats and to value democracy as a good. Democracy is strong when built on and carried by democrats (1949 Federal Republic of Germany). Looking back on the nation's pains and failures gave rise to improvement. This is a chance all nations share. We all have the option to learn from our past and, in proceeding, in moving on, to improve as we then know better.
Happy birthday, Germany! You may proudly look back on 60 years of firm democracy given by a strong and valid Basic Law, carried by ordinary democrats, and on 20 years of re-union! Es lebe die Demokratie! Long live democracy!