tag:theconversation.com,2011:/uk/topics/cologne-sexual-assaults-24521/articlesCologne sexual assaults – The Conversation2016-07-27T09:47:20Ztag:theconversation.com,2011:article/626402016-07-27T09:47:20Z2016-07-27T09:47:20ZGerman rape law finally accepts that no means no – but is a statute enough?<p>In July 2016, Germany <a href="http://www.bbc.co.uk/news/world-europe-36726095">changed its legislation</a> on rape to clarify that “no means no”. That’s right … in July 2016. Until now, by virtue of <a href="https://www.gesetze-im-internet.de/stgb/__177.html">Section 177</a> of the German Criminal Code, a guilty verdict in cases of sexual assault demanded, shockingly, signs of physical defence. </p>
<p>Such laws, unsurprisingly, have long had a pernicious effect on the experience of victims. To characterise the recent changes as timely is a ridiculous understatement. </p>
<p>Whether or not it is accompanied by a physical struggle, fighting back, or screaming at the top of one’s lungs, the use of the term “no” signifies a lack of consent to sexual activity. To disregard this simple word amounts to rape, plain and simple. The need to assert this statement in 2016 should be redundant or, at the very least, tiresomely obvious. But such a conversation was commonplace in Germany just a few short weeks ago, when a change to the country’s legal system finally introduced the “no means no” statute. </p>
<p>So what will the response be across Germany – from the criminal law and justice systems, and from German society itself? As a former law student, now a public policy academic, and always an engaged citizen, the congratulatory response in my mind towards this legal “breakthrough” soon shifted towards a scathing critique, accompanied by a strong air of cynicism.</p>
<p>As an undergraduate bogged down by heavy statute books, my adolescent self would have welcomed Germany’s recent changes to the black letter of the law. Former miscarriages of justice would undoubtedly have enraged my idealistic young mind, such as the recent <a href="https://theconversation.com/controversial-case-shines-a-light-on-germanys-shocking-rape-laws-61130">shocking case</a> of model and television personality Gina-Lisa Lohfink, who was <a href="http://www.latimes.com/world/europe/la-fg-germany-rape-20160616-snap-story.html">fined</a> after a court ruled she had falsely accused two men of rape. This was despite a video surfacing in which she can be heard saying the word “no” several times, and the decision has been appealed. </p>
<p>But is this new statute enough to rectify such ills? Should we have faith that the change in law will have any real impact on German society? </p>
<p>Ushered in with other changes catalysed by the <a href="http://www.independent.co.uk/news/world/europe/cologne-attacks-what-happened-after-1000-women-were-sexually-assaulted-a6867071.html">Cologne attacks</a> on New Year’s Eve 2015, when around 500 women filed complaints of sexual assault, it appears that the legal shift was motivated more by exceptional events than a gentle evolution of the law in line with global trends. </p>
<p>An unforeseen shock to the political system can lead to serious, and often hasty, change. Of crucial importance to its success is a cultural and social environment which welcomes the new approach. And it is here that the red flags appear. </p>
<figure class="align-center ">
<img alt="" src="https://images.theconversation.com/files/131768/original/image-20160725-31162-q86s0.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/131768/original/image-20160725-31162-q86s0.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=450&fit=crop&dpr=1 600w, https://images.theconversation.com/files/131768/original/image-20160725-31162-q86s0.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=450&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/131768/original/image-20160725-31162-q86s0.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=450&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/131768/original/image-20160725-31162-q86s0.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=566&fit=crop&dpr=1 754w, https://images.theconversation.com/files/131768/original/image-20160725-31162-q86s0.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=566&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/131768/original/image-20160725-31162-q86s0.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=566&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">German media response.</span>
<span class="attribution"><span class="source">Shutterstock</span></span>
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<p>The United Nations has long <a href="http://www.cps.gov.uk/publications/equality/vaw/">promoted an appropriate standard</a> for sexual assault legislation, yet Germany has continually ignored its demands for the removal of physical resistance as a necessary element of a guilty verdict. It is frightening to consider what the state of play might be once the level of public empathy for the events in Cologne dissipates. How strictly and enthusiastically will bureaucrats implement this law? Can German victims really now look forward to a paragon of criminal justice?</p>
<h2>Victims turned away</h2>
<p>In England and Wales in 2014, a damning <a href="https://www.justiceinspectorates.gov.uk/hmic/wp-content/uploads/2014/04/improving-the-police-response-to-domestic-abuse.pdf">HMIC report</a> revealed that those claiming to have been sexually assaulted were less likely to be believed by the police than any other potential victim of alternative crimes. One explanation for this, according to <a href="https://rowman.com/ISBN/9781783481842/Regulating-Women-Policymaking-and-Practice-in-the-UK">criminology research</a>, is a continued consideration of clothing worn, intoxication levels and previous sexual history when assessing the validity of the claim. These amount to a host of “rape myths” that are as prevalent across the police force as they are wider society. </p>
<p>If the institutional barriers to proving sexual assault proliferate across the UK, in which a requirement for bodily defence has long been disregarded, how can this be so easily removed in Germany? Running alongside my own <a href="https://rowman.com/ISBN/9781783481842/Regulating-Women-Policymaking-and-Practice-in-the-UK">academic analysis</a>, therefore, is a strong air of cynicism from a concerned member of the public. </p>
<p>Certainly, in a global society in which <a href="http://www.pinknews.co.uk/2015/01/06/sue-perkins-attacks-rape-joke-comedians/">flippant jokes</a> are just one example of a flourishing rape culture, the need for a shift in perception appears vital for the protection of victims. That Germany’s statute book now boasts this standard is unequivocally a hopeful first step. But it must be acknowledged that the justice system may yet remain ingrained with an understanding that a lack of consent is demonstrated through physically fighting back. Although the publicly appetising “no means no” tag line garners much attention, a far more complicated culture looks set to constrain the impact of those vital words which have finally been voiced in parliament.</p><img src="https://counter.theconversation.com/content/62640/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Sarah Cooper does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Recent legal changes must be accompanied by a cultural shift.Sarah Cooper, Lecturer in Politics, University of ExeterLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/569572016-05-03T11:36:51Z2016-05-03T11:36:51ZThe psychology of Brexit – and how it could swing the vote<p>The debate over the UK’s continued membership of the European Union is fast coming to a head. British voters will soon have to make up their minds. Their decision will be influenced as much by the language of the debate, and the psychology it expresses, as the substance. </p>
<p>The Remain camp has two important allies: “loss aversion” and “fear of the unknown”. Fear is simple enough to understand although, as shown below, its effects are not. Loss aversion is a more exotic thing and is related to the “endowment effect” – we value things that we have much more than things we do not, especially when the negative aspect of the potential loss is magnified. If British people believe that they receive benefits from EU membership then they will be hard pressed to let them go.</p>
<p>For the Remain camp to strengthen its case, it needs to make salient that it is <em>our</em> EU, and the potential loss is <em>yours</em> which, indeed, is what they are doing. As the government <a href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/517014/EU_referendum_leaflet_large_print.pdf">pamphlet</a> delivered to every household in the UK puts it: “It’s a big decision. One that will affect you, your family and your children for decades to come.” </p>
<h2>Making things personal</h2>
<p>Personalising this message certainly makes it more effective. The Remain camp should refer to problems caused by leaving the EU, such as more <a href="https://theconversation.com/brexit-big-trouble-for-british-tourism-58461">expensive holidays</a>, travel restrictions, problems with retiring to European countries and so on. And they have done just that, too. The <a href="https://www.gov.uk/government/publications/why-the-government-believes-that-voting-to-remain-in-the-european-union-is-the-best-decision-for-the-uk/why-the-government-believes-that-voting-to-remain-in-the-european-union-is-the-best-decision-for-the-uk">government’s pamphlet</a> says, “EU reforms in the 1990s have resulted in a drop in fares of some 40% for lower cost flights.” They also remind Britons that EU membership gives them the right to access “free or cheaper public healthcare”. They go on to warn voters that there are no guarantees that UK citizens would keep these benefits if they left the EU. </p>
<p>With so much uncertainty, the Remain advocates must assume that British citizens will try and avoid potential loss and vote to stay part of the EU.</p>
<h2>The fear factor</h2>
<p>Some of the Leave campaigners, meanwhile, have relied on the fear of staying in. For example, Nigel Farage believes that Britain will be safer by leaving the EU. Referring to the <a href="https://theconversation.com/sex-attacks-row-forces-merkel-to-defend-her-policies-from-racism-52912">sexual assaults in Cologne</a>, Farage said immigration without security checks would “<a href="http://www.independent.co.uk/news/uk/politics/cologne-style-sex-attacks-could-happen-in-britain-nigel-farage-says-a6959406.html">pose a threat to the cohesion of our societies</a>”.</p>
<p>The Remain camp has also used fear as a weapon of persuasion. On the <a href="http://news.bbc.co.uk/1/shared/bsp/hi/pdfs/21021603.pdf">Andrew Marr show</a>, David Cameron argued that “we will be safer, we will be stronger, we will be better off inside the EU”. The implications being that there is something to fear by leaving. And, for good measure, Cameron added a dose of loss aversion with his remark that “taking a leap into the dark is the wrong step for our country”. </p>
<p>To counter this fear factor, the Leave campaigner, Boris Johnson, reassured his fellow countrymen with <a href="http://www.bbc.co.uk/news/uk-politics-eu-referendum-35783049">Franklin D. Roosevelt’s statement</a>: “I think the only thing we have to fear is fear itself”, adding for good measure “and fear isn’t even that scary at the moment”.</p>
<p>Despite Johnson’s bravado, the Leave camp has a much tougher psychological challenge on their hands. They need to be careful how they wield the fear stick because it may came back to punish them, as it did with Nigel Farage in the last general election when he failed to secure a <a href="http://www.bbc.co.uk/news/uk-politics-eu-referendum-35783049">parliamentary seat</a> for himself. Making people fearful may lead to favourable poll ratings when they are asked on the street or over the telephone, but their voting behaviour may tell a different story. </p>
<figure class="align-center ">
<img alt="" src="https://images.theconversation.com/files/121000/original/image-20160503-19535-102lx81.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/121000/original/image-20160503-19535-102lx81.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/121000/original/image-20160503-19535-102lx81.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/121000/original/image-20160503-19535-102lx81.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/121000/original/image-20160503-19535-102lx81.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/121000/original/image-20160503-19535-102lx81.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/121000/original/image-20160503-19535-102lx81.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">How people say they will vote when asked by pollsters may be quite different from how they actually vote.</span>
<span class="attribution"><a class="source" href="http://www.shutterstock.com/cat.mhtml?lang=en&language=en&ref_site=photo&search_source=search_form&version=llv1&anyorall=all&safesearch=1&use_local_boost=1&autocomplete_id=&search_tracking_id=yC68v_dZvRnU7VOGcvxfXQ&searchterm=call%20centre&show_color_wheel=1&orient=&commercial_ok=&media_type=images&search_cat=&searchtermx=&photographer_name=&people_gender=&people_age=&people_ethnicity=&people_number=&color=&page=1&inline=314848505">www.shutterstock.com</a></span>
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<p>Fear can lead to complex behaviour – it was designed by evolution to keep us out of harm’s way. When we are in a state of fear we assume one of three defensive postures: <a href="http://www.stressstop.com/stress-tips/articles/fight-flight-or-freeze-response-to-stress.php">fight, flight and freeze</a>. Voters may be angry about things (fight), especially when asked by a pollster, but on the day of the vote they may take flight (decide they are too busy to vote by distracting themselves) or freezing (staying at home). These last two defensive reactions are what we sometimes see as “switching-off”. </p>
<p>Fear is less of an issue for the Remain camp because most British people are familiar with the EU and don’t see it as an immediate threat in personal terms – a political or social threat is a different, and much less personal, thing.</p>
<h2>Hidden persuaders</h2>
<p>Whatever the two camps do, they will rely on the model of effective communication known to “<a href="http://www.igpub.com/hidden-persuaders/">hidden persuaders</a>” for many years: use the peripheral (emotion) route of changing feelings and motivation rather than the central (information) route. In other words, don’t use facts to change people’s opinion, use emotions. Clearly, the two camps are using emotional arguments to win, but what they really should be providing the electorate with are facts. This is the challenge for democratic debate: not to let the language of persuasion crowd-out the facts.</p>
<p>The language of the Brexit debate will be just as important as the substance. It may win the argument, but will it be in the long-term interests of the UK?</p><img src="https://counter.theconversation.com/content/56957/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Philip Corr has received funding from the Medical Research Council, Wellcome Trust, Economic and Social Research Council, British Academy, and Nuffield Foundation. He is affiliated with the British Psychological Society, Science Council, Royal Academy of Arts, and the British Society for the Psychology of Individual Differences.</span></em></p>When it comes to Brexit, both the Leave and Remain camps are using psychological trickery to convince voters.Philip Corr, City, University of LondonLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/541672016-03-20T23:50:14Z2016-03-20T23:50:14ZLooking beyond ‘the refugee crisis’, can migrants be the new agents of democracy?<figure><img src="https://images.theconversation.com/files/112671/original/image-20160224-16436-101uk9g.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Egyptian refugees fleeing Libya with the help of the US Air Force.</span> <span class="attribution"><a class="source" href="https://commons.wikimedia.org/wiki/File:Defense.gov_News_Photo_110305-M-2275H-537_-_Egyptian_refugees_fleeing_Libya_board_a_U.S._Air_Force_KC-130J_Hercules_aircraft_in_Djerba,_Tunisia,_on_March_5,_2011.jpg">US Department of Defence </a></span></figcaption></figure><p><em>This article is part of the <a href="https://theconversation.com/au/topics/democracy-futures">Democracy Futures</a> series, a <a href="http://sydneydemocracynetwork.org/democracy-futures/">joint global initiative</a> with the <a href="http://sydneydemocracynetwork.org/">Sydney Democracy Network</a>. The project aims to stimulate fresh thinking about the many challenges facing democracies in the 21st century.</em></p>
<hr>
<p>Over the last few decades, the focus on migration has widened beyond a narrow preoccupation with integration – a positive development. However, while issues of migration and development, migration and securitisation, migration and climate change, and migration and gender are all relevant, something is conspicuously absent from the debate – the relationship between migration and the spread of democracy. </p>
<p>Consider the influence the current refugee crisis has had on the European Union’s assessment of Turkey and its questionable record on human rights. Despite the Turkish government’s <a href="https://theconversation.com/takeover-of-opposition-newspaper-is-a-death-warrant-for-free-speech-in-turkey-55902">increasing crackdowns on press freedom</a>, European Commission president Jean Claude-Juncker stressed that Europe <a href="http://www.telegraph.co.uk/news/worldnews/europe/turkey/11957432/EU-should-not-harp-on-at-Turkey-about-human-rights-says-Jean-Claude-Juncker.html">should not “harp on”</a> about Turkey’s human rights record. As the EU is now <a href="https://theconversation.com/inside-europes-refugee-deal-with-turkey-is-it-legal-and-can-it-work-56054">reliant on Turkey</a> in its efforts to <a href="http://www.bbc.com/news/world-europe-35854413">reduce the flow of people to Europe</a>, criticisms of Turkey have become much more muted.</p>
<p>This case of realpolitik recalls one of the darker moments in recent EU history. In 2010, Libyan dictator Muammar al-Gaddafi used the growing number of refugees and migrants in his country as weapons of mass migration as he threatened the vision of a <a href="http://www.telegraph.co.uk/news/worldnews/africaandindianocean/libya/7973649/Gaddafi-Europe-will-turn-black-unless-EU-pays-Libya-4bn-a-year.html">“black Europe”</a>. In response, the EU supplied him with billions of dollars and border patrol technology, despite widespread reports of abuse in the Libyan camps.</p>
<p>Clearly, migration and democracy promotion can have a negative correlation. The relationship between liberalism and racism has historically been “<a href="http://www.tandfonline.com/doi/abs/10.1080/01419870.2015.1016065?journalCode=rers20">a hell of a love affair</a>”.</p>
<p>An analysis of legal records from 22 countries between 1790 and 2010 suggests democracies are often leaders in <a href="http://www.hup.harvard.edu/catalog.php?isbn=9780674729049">promoting racist policy</a> while undemocratic countries are among the first to outlaw discrimination. This was certainly the case in the US when 26 state governors declared they would <a href="http://www.vox.com/2015/11/16/9746456/map-syrian-refugees-governors">not accept Syrian refugees</a> (or only Christian refugees from Syria) after the Paris terror attacks.</p>
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<img alt="" src="https://images.theconversation.com/files/112674/original/image-20160224-16425-1x2sp81.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/112674/original/image-20160224-16425-1x2sp81.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/112674/original/image-20160224-16425-1x2sp81.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/112674/original/image-20160224-16425-1x2sp81.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/112674/original/image-20160224-16425-1x2sp81.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/112674/original/image-20160224-16425-1x2sp81.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/112674/original/image-20160224-16425-1x2sp81.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">Syrian refugees gather outside a railway station in Budapest in 2015.</span>
<span class="attribution"><span class="source">Mstyslav Chernov</span></span>
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<p>While this paints a bleak picture of the migration-democracy nexus, it is worthwhile to move from a state-centric perspective to one that puts the migrants themselves into focus. </p>
<p>Democracy is more than mere institutions and regular elections; it depends on the diffuse support of the population. With migrant numbers steadily increasing, their attitudes and actions can influence the democratic development of countries affected. This is especially so where there are large and constant flows of people, <a href="https://www.washingtonpost.com/politics/mexicos-top-diplomat-calls-trumps-policies-ignorant-and-racist/2016/02/27/fabbb5f0-dd65-11e5-925f-1d10062cc82d_story.html">as between Mexico and the US</a>.</p>
<h2>To spread democratic values, we must share them</h2>
<p>The Eurocentric assumption is that migrants move from authoritarian countries to established democracies of the West. There they “learn democracy” and then can act as agents of democratisation upon their return. </p>
<p>However, contrary to common discourses in the US and Europe, many of the world’s migration flows are not headed towards Western democracies. The Gulf states, for example, are <a href="https://theconversation.com/why-are-the-gulf-states-so-reluctant-to-take-in-refugees-47394">major destinations</a>. The temporary migrants working there often come from more democratic countries such as the Philippines, Indonesia or India.</p>
<p>Even when migrants are moving to more democratic countries, no automatic processes of democratic diffusion take place. The actual “blessings” of democracy may be out of reach for the majority of migrants, particularly if their status is irregular. Their treatment may be <a href="https://theconversation.com/seizing-valuables-from-asylum-seekers-denmark-has-lost-the-plot-and-its-heart-53772">at odds with democratic values</a> and principles. </p>
<p>It follows that, in the destination country, other spaces for exercising democratic participation and individual freedom outside the system of government may be more significant in influencing migrant attitudes. </p>
<figure class="align-right ">
<img alt="" src="https://images.theconversation.com/files/112675/original/image-20160224-16436-1n4fja7.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=237&fit=clip" srcset="https://images.theconversation.com/files/112675/original/image-20160224-16436-1n4fja7.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=450&fit=crop&dpr=1 600w, https://images.theconversation.com/files/112675/original/image-20160224-16436-1n4fja7.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=450&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/112675/original/image-20160224-16436-1n4fja7.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=450&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/112675/original/image-20160224-16436-1n4fja7.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=566&fit=crop&dpr=1 754w, https://images.theconversation.com/files/112675/original/image-20160224-16436-1n4fja7.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=566&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/112675/original/image-20160224-16436-1n4fja7.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=566&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">Filipino migrant workers in Hong Kong are able to be part of an international union.</span>
<span class="attribution"><span class="source">Wikipedia Commons</span></span>
</figcaption>
</figure>
<p>This explains why returning Filipino migrants from Hong Kong <a href="https://rowman.com/ISBN/9781498514217/Democratization-through-Migration?-Political-Remittances-and-Participation-of-Philippine-Return-Migrants">show</a> the highest support for democratic principles. That’s unsurprising when the comparison is to those returning to the Philippines from Saudi Arabia, but it also applies to the comparison with returnees from democracies such as Japan or Taiwan. </p>
<p>The Filipino migrants in Hong Kong are predominantly domestic workers. They have no genuine prospect of ever gaining the right to abode, but they have access to legal recourse and enjoy freedoms such as freedom of speech and the right to organise and form unions.</p>
<p>There is an obvious policy lesson here: if destination countries want to support migrants as agents of development, they have to treat them according to democratic values and provide them with opportunities for participation. Surely it isn’t too far-fetched to claim that if migrants are to promote democratic principles and practices back home, it is beneficial for them to experience these first-hand.</p>
<h2>The challenges of diaspora politics</h2>
<p>Migrants can influence the democratisation process in their country of origin without necessarily returning. While communicating with friends and family back home they report their personal experiences with democratic practices like unionisation.</p>
<p>More directly, they may seek to directly influence their homelands by engaging in what has come to be known as “<a href="https://en.wikipedia.org/wiki/Diaspora_politics">diaspora politics</a>”. This can be economic, social or political in nature, though every engagement can ultimately have political implications.</p>
<p>For example, the Mexican <a href="http://www.azcentral.com/story/news/local/arizona/2015/12/30/how-money-sent-home-mexicos-emigrants-help-improve-their-country/78082834/">Tres por Uno</a> (Three for One) program has been widely praised. For every peso sent home by migrants as remittances, the federal, state and municipal governments add one peso each. </p>
<p>Though this seems like a good incentive at first sight, it has some problematic implications. When private money determines the direction of public spending, an intensification of the inequalities between communities with higher and lower numbers of migrants abroad could result.</p>
<p>The political implications are more obvious in the case of absentee voting. Migrant communities – those from the Dominican Republic, for instance – have fought for their right to vote overseas. While these campaigns succeeded, the actual voter turnout remained quite low. </p>
<p>One dilemma is whether migrants should be allowed to influence policies through their votes without having to bear the consequences. The Philippines tried to resolve this issue by making a planned return in the foreseeable future a requirement for absentee voting, but this faces practical problems.</p>
<p>Other countries like Italy go even further and reserve a certain number of seats in their parliaments for citizens residing abroad. Again, this regulation might clash with the “all affected” principle, since the election outcome might not directly affect these voters.</p>
<p>To complicate things further, people with dual citizenship might be able to vote in two countries and thus weaken the “one (wo)man, one vote” principle. This might also happen on the supranational level: a well-known German <a href="http://www.reuters.com/article/us-eu-election-germany-double-vote-idUSBREA4P0CO20140526">journalist</a> of Italian origin voted in both countries during the last European Parliament election and was fined as a result.</p>
<h2>It goes both ways</h2>
<p>Mobility thus challenges democratic principles that rely on the concept of nation-states as “containers” with an assumed congruence of territorial, social and political space.</p>
<figure class="align-center ">
<img alt="" src="https://images.theconversation.com/files/112676/original/image-20160224-16429-1ejwmo4.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/112676/original/image-20160224-16429-1ejwmo4.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/112676/original/image-20160224-16429-1ejwmo4.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/112676/original/image-20160224-16429-1ejwmo4.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/112676/original/image-20160224-16429-1ejwmo4.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/112676/original/image-20160224-16429-1ejwmo4.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/112676/original/image-20160224-16429-1ejwmo4.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">Is it time for a new conception of rights without citizenship?</span>
<span class="attribution"><span class="source">Metropolico.org/flickr</span></span>
</figcaption>
</figure>
<p>Perhaps, then, the answer lies in decoupling citizenship and democratic rights. Instead of treating citizenship status as a membership card to an exclusive club, what if some membership benefits could be granted without formal citizenship after a prolonged stay?</p>
<p>Benefits could include the right to vote (at least on the municipal level), labour rights and the right to form and join migrants’ rights organisations and trade unions. These unions could be transnational in scope, encompassing countries of origin and destination. </p>
<p>If migrants are exposed to democratic principles and freedoms even without the VIP card of citizenship, they could have the real potential to become global “agents of democratisation”.</p><img src="https://counter.theconversation.com/content/54167/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Stefan Rother does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Surely it isn’t too far-fetched to claim that if migrants are to promote democracy back home, it is beneficial for them to experience democratic values and principles in the countries hosting them.Stefan Rother, Lecturer in Political Science, University of FreiburgLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/535482016-02-05T01:31:25Z2016-02-05T01:31:25ZGermany’s welcome to migrants wears thin as Cologne launches more festivities<p><em>Willkommenskultur</em>, or “culture of acceptance”, has been a major part of the German political discourse since summer 2015. It evokes a spirit of solidarity towards the large number of migrants who have sought asylum in the European Union over the past year.</p>
<p>This commitment, together with the work of many volunteers to supplement state support for new arrivals, seemed to finally lift the shadows of Germany’s past – and almost made the world forget that it had <a href="http://www.oxfordscholarship.com/view/10.1093/0198295405.001.0001/acprof-9780198295402-chapter-3">long refused</a> to consider itself a country of migration. The generosity seemed all the more spectacular with many of its neighbours being less than welcoming to new arrivals.</p>
<p>But the Germany of 2016 has a <em>Willkommenskultur</em> hangover. The country is in shock after the events of New Year’s Eve in Cologne, a city that has long been a <a href="https://books.google.fr/books?id=kbJACwAAQBAJ&pg=PA95">symbol of German multiculturalism</a>. And now, as Cologne prepares for its annual carnival festivities, the city has doubled its police presence and increased video surveillance. A local girls’ school will <a href="http://www.bbc.co.uk/programmes/p03h8vg3">close on the opening day of the carnival</a> to protect its students.</p>
<p>This is unsurprising when we <a href="http://www.bbc.com/news/world-europe-35250903">recall the events</a> of New Year’s Eve in Cologne, at least those that seem proven: women who came to the centre to watch the festivities were attacked by groups of men under the influence of alcohol, some of the men were described as of “Arab or North African origin” and <a href="http://www.bbc.com/news/world-europe-35261988">some of them were asylum seekers</a>.</p>
<p>The extent of the crimes was either little noticed or little admitted by the police, who initially described the evening as relatively peaceful. This optimistic assessment was quickly refuted by the exponential increase in complaints. By January 18, the total number of <a href="http://www.theguardian.com/world/2016/jan/18/cologne-attacks-algerian-asylum-seeker-arrested-new-years-eve-assaults">alleged crimes stood at 766</a>, nearly half of which were sexual in nature, including three rapes. The head of police was <a href="http://www.bbc.com/news/world-europe-35261359">suspended</a> over his handling of the attacks. </p>
<h2>‘We can do it’?</h2>
<p><em>Willkommenskutur</em> portrayed citizens as being ready to roll up their sleeves and take on the social and economic costs of integration of newcomers – estimated to be <a href="http://www.telegraph.co.uk/news/worldnews/europe/germany/12135244/Migrant-crisis-to-cost-Germany-50-billion-by-2017.html">€50 billion by 2017</a>. But it was far from universally felt in Germany. The continuous flow of arrivals, the difficulty of housing and integrating more than a million refugees, and disagreements within the EU over sharing the burden stoked scepticism within society at large, and among mainstream political parties. Meanwhile, the Islamophobic movement Pegida launched attacks on immigrants, both on social media (including the #raperefugee Twitter hashtag) and <a href="http://www.theguardian.com/world/2016/jan/12/german-police-arrest-211-after-far-right-riot-in-leipzig">in the streets</a>.</p>
<p>At a December meeting of the ruling CDU party, Angela Merkel received a long standing ovation after her speech on the refugees crisis, reaffirming her leadership within the party. But this has not stemmed the tide of complaints. Her mantra <a href="http://www.faz.net/aktuell/politik/inland/neujahrsansprache-von-merkel-wir-schaffen-das-denn-deutschland-ist-ein-starkes-land-13991331.html">“<em>Schaffen wir das!</em>”</a> (“We can do it!”) seemed to many to be more of an incantation than an expression of collective will.</p>
<p>The Cologne attacks have weakened the moral consensus that had formed around the Chancellor. And they were a godsend to Merkel’s critics, including the right-wing <a href="http://www.bbc.com/news/world-europe-29010588">Alternative für Deutschland party</a>. The events of New Year’s Eve fit perfectly with their preferred themes, particularly the link they draw between refugees and security, not to mention the difficulty of assimilating immigrants and the threat to Germany’s gender-equality standards.</p>
<h2>Populist rhetoric</h2>
<p>Beyond the rise of xenophobic violence, evidence of a shift in German attitudes is widespread. A regional mayor in Bavaria sent a group of <a href="http://www.bbc.com/news/world-europe-35316913">immigrants by bus to Berlin</a> to protest Germany’s asylum laws. <a href="http://gerhard-schroeder.de/en/2016/01/15/migration-crisis/">In an interview</a>, none other than former chancellor Gerhard Schröder asserted that Europe’s doors couldn’t be left open forever:</p>
<blockquote>
<p>The capacity to take in, care for and integrate refugees in Germany is limited, not unlimited. Anything else is an illusion.</p>
</blockquote>
<p>The unease has been felt even more strongly in other European countries. Germany’s willingness to meet the challenge of mass immigration through its <em>Willkommenskultur</em> has been unbearable for its neighbours. Many seized on the situation as evidence that they were right all along about the need to close Europe’s borders – and to call into question Merkel’s unilateral choice to open them. The prime minister of Slovakia, Robert Fico, went so far as to say that “<a href="http://www.nytimes.com/2016/01/08/world/europe/slovakia-pessimism-over-migrants.html">migrants cannot be integrated</a>”.</p>
<p>Germany’s populist movements have their parallels elsewhere, from the <a href="https://theconversation.com/no-the-front-national-is-not-on-the-verge-of-taking-power-in-france-52099">National Front</a> in France to <a href="http://uk.reuters.com/article/uk-britain-eu-security-farage-idUKKCN0V10SE">Nigel Farage and UKIP</a> in the UK and Republicans <a href="https://theconversation.com/politics-of-resentment-on-full-display-at-gop-debate-53882">Donald Trump and Ted Cruz</a> in the United States. After the attacks, Trump went to Twitter in an attempt to link immigration and insecurity:</p>
<p><div data-react-class="Tweet" data-react-props="{"tweetId":"684742583520722944"}"></div></p>
<h2>Ethical responsibility</h2>
<p>But beyond the populists and xenophobes, signs are everywhere of a more difficult political climate. Not just the closing of borders, but also a hardening of tone – for example, a proposed law in Denmark would authorise the <a href="http://www.nytimes.com/2016/01/14/world/europe/denmark-refugees-confiscate-valuables.html">confiscation of refugees’ valuables</a>. It’s a safe bet that the spreading appeal of anti-immigrant attitudes, once limited to the extreme right, will harm immigrants already living in Europe, especially Muslims.</p>
<p>The erosion of <em>Willkommenskultur</em> means Germany must leave behind the moral stance underpinning Angela Merkel’s position and return to the ethic of responsibility, as laid out in the work of German sociologist and philosopher <a href="http://plato.stanford.edu/entries/weber/#EthConRes">Max Weber</a>. This requires consideration not only of the economic capacity for absorbing such an immense wave of immigrants but also its social and political acceptability. Failing to do so risks aggravating the panic emerging in Germany and beyond.</p>
<p>But the ethic of responsibility doesn’t obviate the need to come up with a balanced European response to immigration that remains true to the rule of law – otherwise, the populist rhetoric will continue to have a wide appeal. Between the pitfalls of being insufficiently attentive to the concerns of a growing percentage of the German population and giving in to the diktats of the extreme right, the way forward is a narrow one, but it exists.</p><img src="https://counter.theconversation.com/content/53548/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Claire de Galembert ne travaille pas, ne conseille pas, ne possède pas de parts, ne reçoit pas de fonds d'une organisation qui pourrait tirer profit de cet article, et n'a déclaré aucune autre affiliation que son organisme de recherche.</span></em></p>The violence in Cologne over New Year’s Eve has undermined the “culture of welcome” so dear to Chancellor Angela Merkel. A European response is all the more urgent to face the populist threat.Claire de Galembert, Sociologue CNRS, École Normale Supérieure Paris-Saclay – Université Paris-SaclayLicensed as Creative Commons – attribution, no derivatives.