Coming In from the Cold War

EUROPE'S bitterest family feud, long the focal point of cold war tension, now appears to be at an end. This week East and West Germany formally agreed upon a state treaty to normalize relations between the Federal Republic and the German Democratic Republic. In addition to being a historic milestone on the road to detente in Central Europe, the treaty provides a timely boost for West Germany's campaigning Chancellor Willy Brandt, who faces an election Nov. 19. As Brandt grandly summed up its effect: "Much will become possible that was unimaginable before yesterday."

The treaty is, in effect, East Germany's long-sought title to separate status and membership in the community of nations. By its terms, Bonn establishes formal relations with East Berlin. A host of other capitals are sure to follow, starting with the Scandinavian countries. East Berlin will now demand, and will probably get, the right to participate fully in talks scheduled to begin Nov. 22 in Helsinki leading to a European Security Conference; if that happens, the easterners will also join in parallel negotiations expected next year on mutual and balanced force reductions in Europe. By next fall, both Germanys can become full-fledged members of the United Nations,*which neither could join so long as the status of East Germany remained unsettled.

The most immediate beneficiaries have been ordinary Germans on both sides of the border. Indeed, East Germany was so anxious for international recognition that it acceded to Bonn's demands for visible humanitarian results. The East German government eased the bureaucratic way in which West Berliners must visit relatives living under the Communist regime, and announced that any East German who left the country before Jan. 1, 1972 will be able to return without fear of prosecution. For the first time, East Germans will be permitted to visit relatives in West Germany for family occasions and emergencies--weddings, births, serious illnesses or deaths. And in a burst of unwonted sentimentality, the East Germans last month allowed 24 women to rejoin their husbands and fiances who had escaped to West Germany.

Toughest Battle. Those gestures, of course, underscored the traditional harshness of the Communist regime. On the eve of its 23rd anniversary last month, East Germany announced an amnesty for thousands of prisoners. By the end of last week more than 7,000 had actually been released; nearly 300 returned to West Germany. They included East Germans who had fled the country and then tried to cross its territory--as well as citizens charged with aiding an escape, smuggling and espionage. Some of the released men were common criminals; they were rearrested in West Germany on old charges of theft, burglary or embezzlement.

Considering the depth of previous hostility, and the complexity of the issues, the treaty was concluded in a remarkably short time--three months from the beginning of formal negotiations in August. At first, East German State Secretary Michael Kohl demanded nothing less than recognition as a foreign country by West Germany, including an exchange of ambassadors. West Germany's Chief Negotiator Egon Bahr deflected that demand, and the representatives of each country will probably be known as "ministers plenipotentiary" in the other's capital, with the personal rank of ambassador.

Probably the toughest battle of all was over a single phrase. East Germany demanded full recognition as a wholly sovereign state. West Germany insisted on keeping alive, however tenuously, the notion of eventual reunification. Bahr therefore sought to include in the preamble a phrase mentioning "the German nation," or "two states of Germany," or "Germany as a whole." Finally, the negotiators sought refuge in obfuscation, agreeing on a reference to "existing differences of opinion including the national question."

There was one more necessary step: a restatement by the U.S., Russia, Britain and France of their continuing rights in Germany as the four victor powers of World War II. That restatement makes the G.D.R.'s sovereignty slightly less than total, and sustains some theoretical possibility of future reunification. The East Germans tried to persuade the Soviets not to agree to any such thing. They lost that argument.

The West German election provided both sides with a target date. Brandt wanted to present the state treaty to his electorate as the capstone of his Ostpolitik--and both East Germany and the Soviet Union have made no secret of the fact that they would like to see him win. Wisely figuring that there were no votes to be had in opposing detente, Opposition Leader Rainer Barzel has concentrated his attacks on West Germany's worrisome inflation (currently, around 6%). But if the treaty swings only a minute percentage of the vote, it could make the difference between another deadlocked Bundestag and a likely victory for Brandt.

*West Germany will contribute up to $14 million to the U.N.'s assessments of around $200 million the first year, and East Germany another $4 million. That badly needed injection of new money will help cut the U.S.'s contribution from 31% at present to the 25% that Washington has set as a goal.

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