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Nanette Funk
To cite this article: Nanette Funk (2016) A spectre in Germany: refugees, a ‘welcome
culture’ and an ‘integration politics’, Journal of Global Ethics, 12:3, 289-299, DOI:
10.1080/17449626.2016.1252785
Article views: 54
The state
German refugee policy is admirable in many ways in its efforts to fulfill its moral duties to
refugees. It is legally based on Paragraph 16a of the German Basic Law, equivalent to a
constitution, the Asylum Law and the Integration Law, passed 7 July 2016. Refugees are
granted either asylum or protected refugee status for three years, or ‘subsidiary protection’
for one year. If deemed to come from a ‘safe country’ they are summarily rejected and
scheduled for deportation, with a deportation ban possible for one year if deportation
would endanger their life, because of their health or conditions in their home country.
During this time they are ‘tolerated’ (‘geduldete’). Extensions are possible in all categories
and are often granted and appeals are possible. Asylum or protected refugee status
requires a ‘well-founded fear of persecution in his [sic] country of origin’ ‘on account of
his [sic] race, religion, nationality, political opinion or membership of a particular social
group’ [Paragraph 3]. ‘Subsidiary protection’ (Paragraph 4 (1)) is for those for whom
there are ‘substantial grounds for believing that he [sic] would face a real risk of suffering
serious harm in his country of origin’, including from ‘international or internal armed con-
flict’ (Asylgesetz 2015). De facto this excludes the roughly one-third of refugees coming
from North Africa (Tunisia, Morocco and Algeria), and the Balkans. Refugee status deter-
mines whether and when one can bring one’s family (those with subsidiary protection
have to wait two years) and access to benefits, whereby those granted a recognized
refugee status have priority for job training and language courses.
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Until their asylum status is decided, refugees often live in large-scale state-funded
housing run by private organizations, in both large cities and small towns. In large
cities, they often live with more than 1000 people, for over a year, in huge empty airports
and hangars, sports centers, former city and state buildings, containers, and school gyms.
Their quarters are cramped, with little privacy, and they live amidst political, religious, cul-
tural and gender tensions. Conditions varied tremendously, but in the best of cases it was
dreary. Distinctions in refugee status caused tensions with those from ‘safe’ countries
resentful of Syrians and Iraqis with favorable refugee status. Refugees are later to be dis-
tributed proportionately throughout Germany, with the threat that if they do not remain
where placed, their benefits will be reduced.
But laws and policies and the manner in which they were applied changed continually.
Insufficient staffing led to huge backlogs in processing asylum applications in 2015, so that
only half the refugees who entered could file for refugee status in 2015. In that year vir-
tually all Syrians whose cases were decided were accepted as ‘protected refugees’ and vir-
tually none received the lesser subsidiary protection, but in the first seven months of 2016
about 20% of Syrians received that status (Bamf 2015, 2016). In 2016, only 60% of all
refugee cases decided were granted some kind of protected refugee status (Bamf
2016). Political pressure to settle asylum cases in 2016 led to many more, often hasty,
decisions. Germany also sent back over 16,000 refugees to their home countries in
2016, proportionately more than in 2015, one quarter Afghanis, others Syrians and
Iraqis. Yet more are sent back to Austria at the border (Bielicki 2016; “Deutschland
Schickt Viele,” August 10, 2016).
Nevertheless, Germany’s refugee policy is an important model, justifiable not only by a
duty to permit refugees entry into Germany, but also by a positive duty to provide the
necessary conditions enabling refugees to eventually live with dignity as full and equal
members of the society. The policy includes state provision of minimum conditions –
housing, medical care and minimum living expenses (about 390 Euros or necessary con-
sumer goods) roughly the equivalent of German welfare. Secondly, it includes job training
and language courses paid by the state, to provide social and labor market integration – an
‘Integration Policy’. Language courses include not only teaching German, including job-rel-
evant language, but also legal and social norms, including those regarding gender.
These courses are an offer, but conjoined with a threat. Those granted refugee status
are required to take these courses and if they do not, or if they fail or drop out, their
benefits will be reduced. If they take the courses they can get permanent residency
after five years. Those officially awaiting deportation (‘tolerated’) have an incentive to
take such courses. While in such courses they can remain in Germany, and if they pass,
can remain another six months to find a job; if they get a job they can stay another two
years (Deutscher Bundestag 2016). The process is complicated, confusing, fraught with
bureaucracy and many pitfalls, not the least of which is refugees’ difficulty in learning
about their opportunities, learning German and qualifying as skilled workers.
The state was unprepared, although it had good reason to expect many refugees. To its
credit, in response to criticisms (e.g. that language courses were inadequate – too short
and not enough of them – the state modified and expanded language and job training
courses). An Integration Law passed in summer 2016 permitted all living in collective
housing to take workfare jobs (about 80 cents/hour), and created 100,000 such jobs; for
the next three years, in hiring a refugee for a regular job prospective employers no
292 N. FUNK
longer had to show that no German worker was qualified, a bureaucratic hurdle employers
resented (Deutscher Bundestag 2016).
The trick will still be providing enough courses and getting businesses to cooperate by
hiring and training refugees. Angela Merkel uses moral persuasion, but has no legal auth-
ority to require businesses to do so. The cost for all programs and needs of refugees,
including housing, is substantial, perhaps 20 billion euros in a year. The goal of German
refugee policy and practice is two pronged – to integrate those permitted to remain,
thereby avoiding the creation of parallel societies and providing a needed labor pool,
but also to reduce the number of refugees who enter or can remain in Germany.
However admirable civil society activity was, there were also normative problems. The
state and civil society often acted for refugees, instead of empowering them, where poss-
ible, to be agents on their own behalf. The latter is both a value in itself and of instrumental
value as well because refugees were aware of problems that others, including volunteers
working closely with them, often were not, for example, Salafists managing to enter
refugee housing to recruit refugees, frightening them (Neshtov 2016). Refugees lived in
large scale, sometimes prison-like housing, sometimes for over a year. They were
unable to cook for themselves, and lacked residence councils that would have given
them some say in the conditions in which they lived. The resulting institutionalization dis-
couraged their agency. It is also frustrating for people who did so much on their own
behalf to get to Germany. Mechanisms for refugee self-representation in the public
sphere, for example, a right to speak in community discussions on refugee matters affect-
ing them, were rare, with some exceptions existing in Bavaria.
Some refugees and former refugees did manage to act on their own behalf in the public
sphere, for example, a Syrian former teacher created a sightseeing tour from the perspec-
tive of refugees; men and women wrote and performed lively poetry and rap music about
their experiences, criticizing ‘integration’ as a one way street that required efforts on their
part, but none by non-Muslim Germans to reject stereotypes about Muslims. An organiz-
ation of earlier women refugees investigated conditions for recent women refugees and
created public events to raise awareness about women refugees and counter stereotypes;
they brought together other active women’s organizations.
One issue is how many refugees a country has a duty to accept. As was widely reported
in the media, the governor of Bavaria claimed that there was an ‘upper limit’, of 200,000
(Reuters 2016), Safranski (Helg 2015) asserted there were ‘too many’ refugees, and
Sloterdijk (2016) that Germany was being ‘overrun’. A major normative debate ensued
in which many others challenged these claims.
A second critique of accepting Muslim refugees is that Muslims threaten German cul-
tural identity (Ott 2016, 43), a moral ground given to limit refugees. As is often the case,
gender norms, women’s freedom and the wearing of the burka, became the symbol of
this danger, though hardly any Muslim women in Germany wear burkas. This reflected
widespread public fears, anxiety and insecurity. Cultural change was also presumed to
be only a threat, never an enrichment.
Some objected that Germany’s ‘Leitculture’, its ‘dominant culture’, would be destroyed.
But ‘Leitculture’ is a problematic, terminally vague category. Is there a ‘Leitculture’, and
what is it? Is there any agreement about it? Is it what has always existed in Germany,
and is there such a creature? Is it a shared religion, as its advocates suggest? Is it Christian-
ity? Judeo-Christianity? But Muslims have been in Germany at least since the 1970s. Or is it
a political commitment to democracy and religious tolerance? If so, acceptance of Muslims
would only confirm that ‘Leitculture’.
Threats to safety and social peace, including from anti-refugee hostility and violence, is a
third justification, many, including Ott (2016, 97–99, 129), gave to limit refugees. Gesang
(2016), Wendt (2016, 55) and Twele (2016) also took into account anti-refugee violence
but, unlike Ott, argued for the need to try to aid refugees near their own cultures. Ott
did not cite evidence or provide criteria for an unacceptable level of disorder. Wendt
(2016), Brezger (2016) and Imhoff (2016) responded to this omission.
Again, threats to women’s safety and freedom are cited, for example, the massive group
sexual attacks in Germany against many, many women on New Year’s Eve 2015. Though
women’s safety is certainly very important, other than on that one night, no other such
group attacks were reported. It needs to be analyzed who was purported to be involved,
and what can be done to avoid such occurrences. Four violent acts by refugees in summer
2016, three of which were definitely not terrorist acts, nevertheless fueled fears of violence
and terrorism.
Another major argument concerns the costs of refugee programs and its consequences.
Ott argued that the costs would harm citizens, especially the least well off, by leading to
increased taxes, a higher retirement age, and reduced state benefits (Ott 2016, 99–101). He
did not, however, cite evidence, nor consider policies to counter such risks, which
Gosepath (2016a), Gesang (2016), Hoesch (2016) and Twele (2016) offered.
Finally, there is the question of individual duty and not only the state’s duty to aid refu-
gees. Gosepath (2016a, 2016b) argued that under such emergency conditions individuals
also have a duty, as long as it does not impose undue burdens. Such a claim is, in part,
compatible with any policy.
Since these debates raise issues likely to lie behind other EU countries’ refusals to
accept refugees, or other European countries’ refugee policies, it is instructive to consider
some of these arguments further.
1. Whether ‘too many’ refugees are accepted begs for criteria of what are ‘too many’. As
Hoesch (2016) and Brezger (2016) persuasively argue, there is no absolute limit. Ideally
each country should take only its fair share, but in non-ideal conditions there can be a
JOURNAL OF GLOBAL ETHICS 295
moral duty to do more, as was recognized in 2015–2016. Hoesch argued that, because
refugees’ lives were endangered in their home country, they morally cannot be returned
there. When refugees present themselves at a country’s borders and there are no neigh-
boring states that have not already taken their fair share, who would also accept refugees,
as was the situation in Germany in 2015–2016, then that country becomes the refugees’
last chance to be saved, creating a duty to accept more than one’s fair share (Hoesch
2016, 29). To accept those refugees was therefore not morally to accept ‘too many’.
This argument requires criteria for a country’s fair share of refugees, which Hoesch and
Brezger offered. Hoesch proposed a complex criterion including: a country’s capacities,
indebtedness, land, population, GDP, political climate and the public will to accept refu-
gees. He further argued that a country’s fair share rests not only on a duty to aid, but
also on duties of territorial justice, that is, that it is only luck that others were not born
in this territory, as well as compensatory duties due to harm one’s country had caused
to those countries from which refugees were fleeing (Hoesch 2016, 16–22). How to
weigh these factors and apply them would require further argument.
Likewise, moral and political discussion is necessary on how to render effective EU wide
refugee policies predicated on a just distribution of refugees (Katzer 2016). Questions need
to be addressed such as: whether to use threats, such as partially withholding EU transfers
to those EU countries that do not implement such policies, or to use offers, either the offer
of an opportunity to opt out of accepting refugees by contributing proportionately to
those EU countries that do, or an EU offer to fund aid to refugees in countries that
accept them. Gosepath (2016a, 2016b) and Twele (2016, 39) propose the latter, based
on a proportionate tax that all EU states would pay for this purpose.
Further public discourse is also necessary on the EU need not only to provide greater
developmental aid to alleviate the conditions that lead people to become refugees, but
also on the need of the EU to cease producing those conditions through economic,
trade, political, environmental and military policies toward those countries from which
refugees flee.
2. The second objection is to the risks to internal peace, from both refugees (Ott 2016,
99) and one’s own citizens, for example, hostile Germans who attack refugees and refugee
homes (Ott 2016, 93). Such anger can come from the least well off, fearful of losing jobs to
refugees. Philosophers, however, need to argue, as did Wendt (2016, 51–54) and Imhoff
(2016, 114), that although ‘internal peace’ and security are important moral goods, that
security has to be ‘drastically reduced’, with ‘pervasive instability and insecurity’ (Wendt
2016, 52–54) before it justifies rejecting refugee policies. Wendt showed that, looking at
police crime statistics for 2015, including from both violent attacks on refugees and
refugee homes, as well as refugee crimes, that in Germany insecurity did not rise to
that level (2016, 52–53).
Because economic insecurity leads to exaggerated fears, Gesang (2016) argued that
policies to decrease unemployment are necessary to reduce violence. I would add that
other means also need to be first adopted to reduce violence, including: further
support and social integration of refugees, including education of Germans to dispel
stereotypes about Muslims, Islam and Muslims in Germany; a non-sensationalist media;
state policies that do not unwarrantedly provoke general anxiety, and greater police pro-
tection for refugees, before it is morally permissible to consider dangers to refugees as a
grounds to limit their entry (Gesang 2016, 93; Wendt 2016, 52). It is questionable whether
296 N. FUNK
violence against refugees who have a legal right to remain, is a morally relevant ground for
restricting entry of more refugees, rather than a prudential consideration. Attacks on abor-
tion providers in the US are not moral grounds for restricting providers, but for restricting
their attackers.
Gesang (2016, 93) and Twele (2016) echoed by others argued that such fears were a
reason to accept refugees gradually, aiding them in their own countries or nearby, in
similar cultures (Gesang 2016, 93). But this ignores that those countries have already
accepted many more than their fair share of refugees.
3. The final set of arguments concerns the economic impact and high costs of the inte-
gration policy, and increased and purported endless welfare costs, about which many
made pronouncements. Ott claimed that the policy was unfair to the least well off since
the state would reduce state benefits, and raise taxes and retirement age to pay the
high costs. Many claimed that the integration policy and job training will fail anyway,
with many, many refugees remaining unemployable, increasing welfare costs. At best,
refugees, it was argued, will only be employable in the least well-paying jobs (Ott 2016,
101). The least well off would thereby lose jobs and suffer lowered wages due to compe-
tition from such refugees (Ott 2016, 99–101).
In response, as Gesang (2016), and Twele (2016, 42–43) argued, if this were to indeed
become likely, justice would require the state to instead increase revenues through a
fair, progressive solidarity tax, or a wealth tax (Twele 2016, 38), thereby protecting the
least well off. Germany had instituted such a solidarity tax on behalf of the GDR after
German unification. Gosepath’s arguments that citizens had a duty to accept some
burdens to save refugees justify such non-onerous taxes. He and others proposed EU
and worldwide solidarity taxes, possibly to aid all those in poverty. Another possibility,
however, is that the EU end its austerity policies thereby enabling job creation in
member states, reducing one ground for hostility to accepting refugees and reducing
risks to the least well off.
Arguments based on costs turn on the likely costs for refugees (Gesang 2016, 89). But
the International Monetary Fund (IMF) projected in 2016 Germany would spend only
0.35% of the GDP (11 billion euros). Even if it is in fact double or more each year, as
may be the case, it is still under 1% of total GDP and would not require reducing social
benefits in 2016 given that Germany even had a budget surplus.
Cost assessments alone are also misleading, since state programs for refugees are also
Keynesian programs, pump-primers that create jobs, thereby increasing tax revenues. The
IMF projects 0.5–1.1% additional growth in Germany due to refugee spending. Jobs are
created, including low-paying jobs, in service, food preparation and delivery for those in
large-scale refugee housing, in construction of new refugee housing and schools, and in
additional retail jobs from refugee consumption.
Increased revenue from taxes refugees and their future employees pay offset costs.
Future refugee employment projections also cannot be based on the low percent of refu-
gees presently employable, since some will improve their language and work skills,
especially young persons, if integration courses are adequately funded. Though econom-
ists grant that short-term costs and, perhaps middle range as well, will outweigh increased
revenue, projections cannot be made for the long run.
Objections that Germany could reduce its costs by eliminating its integration policy,
with expensive job and language training courses, are unpersuasive. It is reasonable to
JOURNAL OF GLOBAL ETHICS 297
expect that such courses reduce long-term welfare costs by increasing employability,
thereby reducing illegal employment at less than minimum wages and crime, and increase
state revenue through refugees paying more taxes.
Acknowledgements
I want to thank Andrew Wengraf, Chloe Smolarski, Barbara Dietz, and Marina Grasse, who were each
of help in a very different way.
298 N. FUNK
Disclosure statement
No potential conflict of interest was reported by the author.
Notes on contributor
Nanette Funk is Professor Emerita of Philosophy at Brooklyn College, City University of New York, and
currently Visiting Fellow at the Center for European and Mediterranean Studies at NYU, where she
codirects the Workshop on Gender and Transformation in Europe. She is an internationally recog-
nized scholar on gender and postcommunism in Europe and her writings have appeared in many
journals and collections nationally and internationally. She also writes on political philosophy, con-
temporary German political philosophy and feminist political theory. Her most recent article is ‘What
we do and do not learn from Thomas Piketty’ Radical Philosophy Review 19 (2): 297–311 (2016).
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