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OPINION: NEW YEAR'S EVE SEXUAL ASSAULTS

IMMIGRATION

Refugees shouldn’t be deported for sex crimes

In the wake of the Cologne sexual assaults, many are calling for refugees found guilty of such crimes to be deported. This is not morally justifiable, argues The Local's Jörg Luyken.

Refugees shouldn’t be deported for sex crimes
The picture says: "Deportation. Germany." Photo: DPA

As slow as the political elite of Germany were to react the Cologne sex attacks, they have been as fast to jump on the bandwagon of public outrage and offer strong-arm solutions.

The consensus among the German political class seems to be that asylum seekers found guilty of these attacks should be packed onto cargo jets and sent back to whatever war zone they came from.

Chancellor Angela Merkel’s right-wing Christian Democratic Union (CDU) wasted no time in using the attacks as a pretext for toughening asylum laws.

At a party conference in Mainz on Saturday the CDU unanimously decided that someone should lose their right to asylum even for offences carrying a suspended sentence.

The conservatives outdid even their own expectations in the so-called “Mainz Declaration”, having originally only intended to take asylum away from people handed jail time.

Desperate to keep up, Sigmar Gabriel, vice-Chancellor and head of the centre-left Social Democratic Party (SPD), told Bild that “all the possibilities of international law” must be examined “to send criminal asylum seekers back home.”

“Why should German taxpayers pay for foreign criminals' jail time?” he asked, arguing that the threat of imprisonment in countries of origin would be a greater deterrent than spending time in a German prison.

Caught out by the depth of public anger, mainstream politicians are desperately trying to show they’re not the naive nincompoops the far right say they are.

But these proposals are morally bankrupt populism.

International law provides very few possibilities to send asylum seekers back home to a country they fled fearing for their lives.

The only exceptions the 1951 Geneva Convention on Refugees makes is for people culpable of serious war crimes or combatants – in both circumstances refugee status may be denied.

All other types of crime should be dealt with by national legal systems.

And this is with very good reason.

By definition a refugee is someone being offered protection because their life is at risk in their home country. To send them back could mean potentially sending them to their death.

So the legal changes the German mainstream political parties are outbidding each other to make could effectively might amount to a death sentence for something as minor as theft.

To anyone with even a passing acquaintance with accepted European jurisprudence this should seem a touch harsh.

And the fact is that no crime in Europe warrants death – so whatever criminal act we are talking about, be it theft, sexual assault or murder, none can justifiably result in someone being deported to a country where their life is threatened.

Whether Germany would really get such deportations past the European Court of Human Rights (ECHR) is highly questionable.

Britain fought for years against the ECHR to have Islamist cleric Abu Qatada deported to Jordan, a peaceful country, over fears that he could face torture there.

One can only imagine the looks on the faces of the Strasbourg judges when Merkel and Gabriel try and convince them Syrian President Bashar al Assad can be trusted to treat prisoners with dignity.

Enough of the tough talk. And enough of the feel-good liberalism too.

It's time Germany got real about the risks that come with taking in large amounts of refugees from war zones and ultra-conservative cultures.

But it needs to be honest to about the obligations it has to these people's lives as well.

Only then will realistic, moral and manageable solutions start being discussed.

SEE ALSO: Silence on sex crimes will make racism worse

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IMMIGRATION

What Germany’s plans for a points-based system mean for foreigners

To tackle its ever-widening skills gap, Germany wants to encourage talent from aboard to move to the country by introducing a points-based immigration system. Here's what foreigners need to know about the changes.

What Germany's plans for a points-based system mean for foreigners

What’s a points-based system?

A points-based system is an immigration model where foreigners have to score above a certain threshold of points in order to obtain a residence or work permit in a country. The exact scoring system is set by the government, but can include factors like language skills, family connections to the country, specific qualifications or work-related skills, or the amount of money in your bank account. 

Points-based systems can also be known as “merit-based systems”, because there tends to be a pretty big emphasis on what you can offer a country in terms of education or skills. 

The model was first introduced in Canada way back in 1967 as the country tried to move past a system based on race and nationality to one that favoured language fluency, youth and educational or vocational background. A similar step was taken in Australia just a few years later in 1972 and, since Brexit, the UK has also introduced its own points-based model. 

How does this relate to Germany?

When the new ‘traffic-light’ coalition of the Social Democrats (SPD), Greens and Free Democrats (FDP) took office last December, the parties pledged to reform Germany’s immigration system and bring a fresh cohort of workers into the country.

“In addition to the existing immigration law, we will establish a second pillar with the introduction of an opportunity card based on a points system to enable workers to gain controlled access to the German labour market in order to find a job,” the coalition agreement read.

This would apply to third-country nationals who don’t otherwise have the right to live and work in the country. 

READ ALSO: EXPLAINED: What Germany’s new government means for citizenship and naturalisation

German language course poster

A sign advertising German courses. Language skills can count towards points in a points-based system. Photo: picture alliance / dpa | Bernd Wüstneck

FDP migration specialist Dr. Ann-Veruschka Jurisch, who is working on these reforms, says the policy is driven by Germany’s desperate need for workers. 

“The Liberal Party (FDP) is convinced that we need more labour migration,” she told The Local. “We do have a lot of options for coming into Germany as a labour migrant – but it’s a bit complicated – and if you want to come to Germany to search for a job and you don’t come from an EU country, it’s much more difficult.”

That’s why the coalition is aiming to offer a second route for people who don’t have job lined up in Germany, but who otherwise have the skills or talent to find one. 

What will this look like?

The plans for the points-based system are still at an early stage, so the exact criteria haven’t been worked out yet.

What’s clear at this stage, however, is that the points-based option would run parallel to the current model, which generally permits people with a concrete job offer in a skilled profession to come and work in the country. 

“It’s about (people having) a good opportunity to come to Germany when they have either a job offer in sight or a direct job offer,” Chancellor Olaf Scholz (SPD) said in response to parliamentary question in January. 

“Next to that, we want to achieve a further possibility for talent – for qualified men and women whose skills we need in Germany, who still don’t have a work contract but, if given access, could use that opportunity. That’s what we’re talking about with this Canadian points-based system. It shouldn’t replace our current system, but rather improve it.”

In short, that means that people with a job lined up won’t be disadvantaged – but there will be alternative routes for those without them. It also won’t affect the EU blue card scheme

READ ALSO: ‘I finally feel at home’: How Germany’s planned changes to citizenship laws affect foreigners

Will people need formal qualifications? 

Probably not – though it will obviously depend on the sector someone works in and their level of experience in their chosen field.

“I personally am convinced that you shouldn’t place too much emphasis on formal qualifications, because it’s very complicated getting your formal qualifications recognised in Germany,” said Jurisch.

“A medical doctor, for example, is one where you can’t say, ‘Okay, you’ve got some experience so we don’t need to see your papers.’ But there are a lot of other jobs which do not have this restriction and they are not formalised but rather based on practical experience.”

Carpenter wood

A carpenter sands down a block of wood in Cologne. Photo: picture alliance/dpa | Federico Gambarini

The issue of recognising qualifications is also a problem that the traffic-light coalition has set their sights on solving during their time in office.

At the moment, the process of getting qualifications officially recognised in Germany is done on a state-by-state basis, so somebody who gets their degree recognised in Brandenburg may have to redo the entire process again in Bavaria, for instance.

According to Jurisch, there have already been conversations between the Ministry for Labour and Social Affairs and the Ministry of Education on the issue, and Labour Minister Hubertus Heil (SPD) has also promised to take steps to solve it.

But, she said, it’s complicated: “I’ve started to dive into this issue, and the more I dive into it, the more complicated it becomes – so there are no silver bullets.” 

How many workers are needed – and where? 

In order to plug its labour shortages, Germany needs around 400,000 new workers every year, according to the Federal Employment Agency. In 2020, Germany’s net migration was just 200,000 and 150,000 people of working age entered retirement – which means the country is currently falling well short of its targets. 

“We have shortages everywhere,” Jurisch said. “We need 400,000 new workers every year, and these people won’t be born in Germany – or if they are, they won’t grow up for another 20 years.

“We haven’t managed to get more women into the labour market, or they work part time, so I don’t think this will make a big difference, and I don’t think we will close the gap by training people.”

In this sense, it seems that immigration is the only option for filling major staff shortages in almost every profession. 

“Whoever I talk to, be it nurses, nannies, IT workers, industrial workers, teachers, lawyers – everywhere we have a shortage,” Jurisch said.

staff shortages Germany

A sign outside a restaurant informs customers of a closure due to staff shortages. Photo: picture alliance/dpa | Stefan Sauer

When will the points-based system be introduced?

Unlike with the plans to reform citizenship, which the SDP-led Interior Ministry wants to achieve by the end of the year, there’s no firm timeline in place for the points-based system.

However, the FDP is fighting for the policy to be given higher priority and would like to introduce the new visa system before the next federal election in 2025. 

“I hope it will be done in this legislative period,” said Jurisch. “I’m pushing to get it a little bit higher up on the agenda.” 

READ ALSO: INTERVIEW: ‘Changing German citizenship laws is a priority’

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