The Future of Global Mobility - Introduction - Stiftung Wissenschaft und Politik

 
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The Future of Global Mobility - Introduction - Stiftung Wissenschaft und Politik
NO. 13 FEBRUARY 2022              Introduction

The Future of Global Mobility
Why We Need a Debate about Multilateral and Digital Solutions to Prevent
the Global South from Being Excluded from International Travel
Steffen Angenendt and Karl Steinacker

The Covid-19 pandemic has greatly reduced international travel. The economic, social
and human consequences of border closures and travel restrictions cannot be fully
estimated yet, but they are dramatic. The gap is widening between countries of the
Global North, which want to control travel and prevent unregulated mobility, and
those of the Global South, which are demanding more legal mobility for their citizens.
The freedom to travel is a desirable good that all should be able to access, and is also
the object of political negotiations. Unilateral decisions should be complemented or
superseded by international agreements between countries about common rules and
procedures for a trust-based system. In the meantime, countries should modernise
their visa processes and build digital identification systems that create trust. This
applies to Germany as well, especially since the coalition government has decided to
speed up the issuing of visas.

Many European Union (EU) citizens now to       International Efforts to
have to show their vaccination certificate     Create “Smart” Borders
to board a plane or cross a border. Proof
of vaccination status as a requirement for     These US security measures contain new
entry is nothing new: travel to tropical       security standards for travel documents,
countries, for example, has long been con-     the systematic recording of flight passenger
ditional on being vaccinated against yellow    data (PNR), the introduction of an electronic
fever, which had to be proved by a paper       entry permit (ESTA), an entry and exit regis-
document. However, electronic documen-         ter (EES) with biometric visa and a screen-
tation, for instance in the form of smart-     ing system to prevent the boarding and arri-
phone apps, is gaining in importance now –     val of terrorism suspects. Nevertheless, to fa-
and not just for vaccinations. Travellers to   cilitate travel, the US has initiated the Trus-
North America are familiar with such sys-      ted Traveller programmes. These include
tems, which were introduced after the          among others the Global Entry programme,
attacks of 11 September 2001 as part of        under which pre-approved travellers who
the Smart Borders Initiative.                  are considered a low security risk by the
                                               authorities can have their interview after ar-
rival instead. Participants in the programme     tect populations in industrialised countries
                 can also use – like US nationals or green        against the risk of infection can lead to a
                 card holders – the PreCheck programme,           blanket disadvantaging of and discrimina-
                 which speeds up security checks at US air-       tion against people from countries which do
                 ports.                                           not have the means to vaccinate their popu-
                    The US is undoubtedly a pioneer in            lations as successfully as the countries of
                 “intelligent” border efforts; however, since     the Global North, despite all the difficulties,
                 2008 the EU commission has been driving          have done. Moreover, the governments of
                 forwards its own visa information system,        developing nations also want to protect their
                 which works with biometric data, as well         populations against the risk of infection. But
                 as an entry and exit register and a system       they have fewer options – especially because
                 for flight passenger data. The European          of their inadequate access to vaccines.
                 Travel Information and Authorisation Sys-           In the context of the pandemic, ques-
                 tem (ETIAS) is expected to be operational        tions over the legitimacy of mobility con-
                 in 2022. Similar to the US’s ESTA, it is in-     trols are particularly pressing. The most
                 tended for conducting security checks on         recent reform proposals to the Schengen
                 travellers from currently over 60 countries      rules, which the EU intends to apply in the
                 that do not need a visa for the Schengen         event of a pandemic to impose common
                 area. The electronic Entry Exit System (EES)     entry bans, can therefore appear ambigu-
                 should also be put into service soon, and        ous. The planned formalisation could
                 automatically monitor the travel move-           reinforce entry bans but also force the
                 ments of third state nationals at the exter-     authorities to justify them.
                 nal borders of the Schengen area. This IT
                 system is intended to match those entering
                 with those exiting and thus catch potential      The Issuing of Visas as the Key
                 visa overstayers. Therefore, data sets includ-   to International Mobility
                 ing biometrics will be established for first-
                 time arrivals in the Schengen area.              At the heart of international mobility is
                    For decades, public health played only        the issuing of visas. This primarily serves
                 a minor role in international mobility           to regulate tourism and business travel,
                 management. The Covid-19 pandemic and            as well as justifications for stays (such as
                 associated containment measures, such as         labour migration, family reunification and
                 the designation of high risk areas and virus     asylum). To pre-empt undesired immigra-
                 variant areas, have changed this for an un-      tion, EU members and many other desti-
                 foreseeable duration. Over the course of the     nation countries pursue a parallel strategy.
                 Covid pandemic, international mobility has       They resort to unilateral measures and tech-
                 collapsed: in 2019, the year before the pan-     nologies to control numbers, and they use
                 demic, the global aviation industry carried      political pressure to induce countries of
                 more than 4.5 billion passengers. In the first   origin to cooperate on reducing irregular
                 year of the pandemic, over 108,000 travel        migration. However, many countries of ori-
                 restrictions linked to Covid-19 were imposed     gin now make their cooperation in migra-
                 across the world. The number of flight pas-      tion regulation conditional on destination
                 sengers fell by 60 percent. Numbers of new       countries taking seriously their demands
                 international migrants also remained well        for easier international mobility (for in-
                 below previous estimates until mid-2020,         stance through free-of-charge visas or a
                 and worldwide the pandemic is believed to        generalised visa waiver for their citizens).
                 have reduced their total by 2 million.           This is the case with Turkey, for example,
                    Such travel restrictions risk generating      which has long been pressing the EU for a
                 new distortions and a further widening of        visa exemption and has repeatedly linked
                 the gap between the Global North and the         its demand to the threat of suspending its
                 Global South. The (legitimate) wish to pro-      collaboration on migration control.

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In 2020 EU member embassies and con-          ard mechanism of its mobility system and
sulates received around 3.5 million visa         that any potential exemption is merely
applications for stays of up to three months     a unilaterally granted exception and a privi-
in the Schengen area, a marked Covid-            lege. The Regulation, last revised in sum-
linked drop compared to 2019, when there         mer 2021, also explains that all abuse of
were approximately 17 million applications.      visa exemptions by nationals of a third
Of the applications submitted in 2020,           country must be combated “where they [the
around 85 percent were granted, slightly         nationals] pose a threat to the public policy
fewer than in 2019 (88 percent). However,        (ordre public) and the internal security of
rejection rates for certain regions of origin,   the Member State concerned”. In the event
especially sub-Saharan Africa, were far          of inadequate cooperation by countries of
higher. And these numbers only offer a par-      origin, visa exemptions can be suspended.
tial picture of the mobility blockages since     Thresholds have been set for this, for in-
they only take into account processed appli-     stance where a country of origin rejects
cations; the many visa applications that         over half of the EU’s readmission applica-
were abandoned or not even submitted for         tions, or where fewer than four percent of
reasons of hopelessness are not included         asylum applications from the country are
in the statistics.                               approved.
   Mobility for Germans looks entirely dif-         The Regulation indicates that greater
ferent. German travellers are at the very top    migratory pressure is to be avoided, and it
of global passport rankings; they have out-      is obvious that EU members consider the
standing travel opportunities and access to      European mobility regime as an instrument
almost all countries without needing to go       to regulate migration. The Regulation, which
through visa procedures. The Henley Pass-        entered into force in 2009 and was last
port Index currently has Germany in joint        revised in 2019, also allows the issuing of
second place with South Korea; their citi-       visas to be used as an instrument to reward
zens can enter 190 states without a visa.        good cooperation on readmissions, or to
Only the passports of Singapore and Japan        sanction inadequate cooperation.
had higher rankings (192 states). Citizens          Nanjala Nyabola, a Kenyan commentator
of African, Middle Eastern and South Asian       on current affairs and politics who gave one
countries have a noticeably experience.          of the opening speeches at the May 2019
African passports generally permit visa-free     Future Affairs Forum on the digital revo-
travel to only 20 to 25 percent of countries,    lution organised by the German Foreign
mostly to neighbouring African nations.          Office in Berlin, considers the visa regime
   In her thesis on the birthright lottery,      of developed countries to be structural
Ayelet Shachar, the former director of the       racism, aiming to exclude the populations
Max Planck Institute for the Study of Reli-      of the Global South from global mobility.
gious and Ethnic Diversity in Göttingen,         The issuing of visas, she argues, reflects
points to the privileges and disadvantages       neo-colonial structures. It would seem that
that result from acquiring citizenship. She      large swathes of the elites in Africa, the
argues that the acquisition of such politi-      Arab world and South Asia share Nyabola’s
cal membership today corresponds to the          position. The local press – and travel blogs
acquisition of private property in times         – criticise not only the visa policies of the
past.                                            Global North but also the procedures em-
                                                 ployed in embassies and at borders. These
                                                 commentators raise accusations of institu-
Public Order or Structural                       tional racism and racial profiling. Many
Discrimination?                                  complain about the humiliating nature of
                                                 the procedures that applicants and those
The EU’s 2001 Regulation on visas stipu-         wishing to travel have to undergo. Such
lates that the visa requirement is the stand-    perceptions are counterproductive for win-

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ning over the Global South to the essential         Lessons on changes in mobility systems
                 cooperation needed to meet the challenges        can be learned from history, especially from
                 of migration and forced displacement.            the political transformation in Europe from
                                                                  the Cold War to German reunification in
                                                                  1989. This transformation was also inspired
                 Elements of an                                   by a political declaration of intent. In 1975
                 International Framework                          the representatives of 35 countries from
                                                                  West and East signed the Final Act of the
                 Discriminating mobility regulations are          Conference on Security and Cooperation in
                 used to control migration not least because      Europe (CSCE) in Helsinki, which stipulated
                 countries mistrust the identity documents        many simplifications of cross-border mobil-
                 and visa decisions of other governments.         ity, especially for family contact. It also
                 The Israeli historian and political analyst      wanted to enable travel applications for
                 Yuval Noah Harari speaks of trust being          personal or professional reasons, and pro-
                 the most important capital of any human          mote conferences, youth exchanges and
                 society, referring to small communities as       tourism.
                 well as countries and international politics        Of course, this specific historical con-
                 as a whole. To build trust, we need to           stellation cannot simply be transferred to
                 strengthen multilateralism.                      today’s circumstances: the Warsaw Pact
                    Two elements are required for a set of        countries did not want to grant their citi-
                 rules that shape international mobility:         zens freedom of movement, whereas the
                 multilaterally negotiated objectives, strat-     West saw free movement in particular as
                 egies and procedures; and digital technol-       the leverage for change, chiefly for inter-
                 ogies that facilitate mobility – as long as      system contact. This change in turn was
                 they are not an end in themselves but pur-       meant to lead to détente and the disman-
                 sue political objectives. This need for a set    tling of threat perceptions. Indeed, when
                 of political rules derives inter alia from the   the Iron Curtain fell, the result was not
                 risk that technologies might be used as sub-     total freedom of travel; the latter remained
                 stitutes for such rules – for instance, when     linked to visas and (transitional) rules for
                 important actors such as the US rely on spe-     work permits.
                 cific techniques, these are subsequently            Nevertheless, a process similar to the
                 adopted by international bodies such as the      Helsinki Conference – which would ideally
                 International Civil Aviation Organisation        result in a Global Compact for International
                 (ICAO), and other countries then have to         Mobility – could be a useful complement
                 follow suit to avoid being left behind.          to existing international law and political
                                                                  agreements on migration and displacement.
                 Building Block 1:                                The process could be based on the idea of
                 The Political Definition of Goals                a modernised and rule-based international
                                                                  mobility that is a win-win for all participat-
                 Cross-border mobility is still a policy area     ing countries – and thus counter the accu-
                 in which – except for zones with internal        sation that the North is only interested in
                 freedom of movement, such as the Schen-          reducing irregular immigration.
                 gen area – national sovereignty is given            In such a mobility regime, signatory
                 greater importance than multilateral efforts     countries would, as in the Helsinki Final
                 for joint regulations that are beneficial to     Act, commit to facilitating international
                 all. At the centre of current mobility regu-     mobility for nationals of all countries, in-
                 lations is unilateralism – which also falls      cluding those of the Global South, and in
                 short of the goal of the Global Compact          the process exclude discrimination. Coun-
                 for Safe, Orderly and Regular Migration,         tries would also politically commit them-
                 adopted by Germany in 2018, to improve           selves to developing and applying techno-
                 international cooperation on migration.          logical innovations – particularly digital

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identity and trust systems – so as to create     current fixation on nationality as the deci-
the technical conditions for a global mobil-     sive criterion for the issuing of visas is prob-
ity that is both legal and in accordance with    lematic. If visa decisions were instead pri-
the rules.                                       marily founded on other characteristics –
                                                 such as profession, qualifications, age, integ-
Building Block 2:                                rity and health – then the international
Digital Technologies                             mobility regime would be more efficient
                                                 as well as fairer.
This kind of rule-supported international           The mobility regime of the future must
mobility system could only be implemented        be based on digital trust systems which can
using digitalisation. Currently 19th and 20th    certify the identity of persons and attributes
century tools continue to determine inter-       in a forgery-proof manner. An example is
national travel control – with a great deal      the EU’s digital vaccination pass, despite
of effort, uncertainty, vulnerability to forg-   the concerns we have raised above: it con-
ery and corruption: passports and visas;         firms the identity of the vaccinated person,
stamps and stickers; personal interviews         that the vaccine has been approved, that
and paper pushing. The experiences from          the vaccination was carried out by author-
the Covid pandemic could be helpful in           ised medical staff and that the issuer of the
modernising the system. For example, the         certificate is competent to do so.
rapid introduction of a digital vaccine cer-        The German government is already pro-
tificate (although not forgery-proof) in the     moting such “trust systems” through its
EU member states showed that digitalisa-         research policy. They are intended as the
tion can contribute to upholding freedom         future foundation for trustworthy digital
of movement.                                     interactions and to secure the access to
    However, the pandemic has also revealed      digital services, such as telemedicine
that current instruments are too unwieldy        and digital prescriptions, the gig economy,
to react to rapidly changing framework con-      online banking and e-government. These
ditions, and that trust in traditional regu-     intentions primarily concern German citi-
latory instruments is low. Any new mobility      zens, but the federal government should
system must therefore modernise certifica-       also pursue this approach for travellers
tion and identification instruments.             from third countries.
    Such modernisation is necessary in
Germany as well, as the National Regulatory
Control Council (NKR) regularly makes            The Role of Private
clear, inter alia in its annual monitoring       Service Providers
reports on the state of digitalisation in Ger-
many, published since 2016. The NKR also         Private companies have already taken on
illustrates how this could be achieved at the    important functions in international mobil-
national level: by the Council calling on        ity management. This does not have to be a
the administration to make data-based deci-      contradiction of the state’s sovereignty and
sions and treating it as a service provider,     control. On the contrary, states have brought
which responds to needs and allows the           in the private sector for support in pro-
state’s performance to be measured quali-        viding their consular services but also in
tatively from the perspective of those con-      securing their borders. This concerns air-
cerned.                                          lines in particular: under threat of substan-
    Of course, the NKR has a domestic man-       tial fines for omission, they carry out the
date and its recommendations refer to Ger-       relevant mobility control tasks for states
many. Nevertheless, if its key concern –         at whose airports they land. Commercial
namely to attend to the interests of those       migration services providers, such as CIBT
affected – is transferred to international       (from the US) and the market leader VFS
mobility rules, it becomes clear that the        Global (founded in India, domiciled in

                                                                                                    SWP Comment 13
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Dubai), are now established, and are com-          ity regime. Airlines, hotel chains, banks and
                 missioned by states to assume parts of visa        financial service providers as well as insur-
                 processing or delivery functions. Technol-         ances should act jointly with consulates
                 ogy companies offer the requisite hardware,        and registry offices on a platform that not
                 software and data analysis.                        only offers travellers from third countries
                    In all cases, these companies act as data       services under internationally agreed rules
                 brokers, which means that they possess             and processes them, but that can also issue
                 large amounts of data on rejected and ap-          verified identity attributes.
                 proved visa applications, regular travellers
                 and irregular migrants. This can lead to
                 controversy since it is unclear under what         Ethical Issues
                 jurisdiction these service providers might
                 fall, and what legal avenues might be avail-       The most pressing ethical issue that con-
                 able for complaints. However, the EU has           cerns all “wallet” applications in which
                 at least pointed out that its General Data         individuals save information on their iden-
                 Protection Regulation (GDPR) also applies          tity derives from the imbalance in power
                 to companies that carry out visa services for      between the representatives of state bodies
                 nationals of third countries, and that these       and the owners of the data, in this case the
                 companies have to ensure an appropriate            travellers. It is debatable whether the latter
                 level of protection for personal data.             ultimately retain control over their own
                    The Canadian and Dutch governments              personal data and whether they will be
                 along with the technology company                  allowed to pass on the data exclusively of
                 Accenture and the World Economic Forum             their own free will and at their own dis-
                 (WEF) are currently testing the Known Trav-        cretion – given immigration and control
                 eller Digital Identity system (KTDI) for flight    practices that demand personal data and at
                 passengers. Travellers using this system           times empower agents to ask for passwords
                 register biometric and cryptographic data          or even download the contents of mobile
                 about themselves, for instance on their            phones, computers or other devices.
                 mobile phones. On request and at their                 This imbalance of power undoubtedly
                 own discretion, these travellers then grant        exists. It must be countered through bind-
                 the authorities access to their verified per-      ing and actionable rules. This also applies
                 sonal biometric, biographical and historical       to the data of travellers stored by author-
                 travel data to enable them to conduct risk         ities and private service providers. Today
                 assessments and pre-screening. KTDI allows         they are inaccessible for those concerned
                 journeys to be depicted and traced, with           (the data subjects): biometric data are stored
                 travellers interacting with authorities and        at the consulate or by the company to which
                 private companies via mobile devices by            this service has been outsourced. The trav-
                 making available historical and real-time          eller’s digital self is controlled by others.
                 data (“identity attributes”).                          In the United Kingdom civil society orga-
                    The project for a hotel check-in for busi-      nisations have sued the Home Office, accus-
                 ness travellers – which the German gov-            ing the algorithms of the artificial intelli-
                 ernment is using to test the construction of       gence employed by this ministry of being
                 an infrastructure for the secure exchange          racist and discriminatory. Such risks must
                 of identity attributes, not just for the digital   not be underestimated. It is also true, how-
                 identities of humans but equally of institu-       ever, that digital processes, when correctly
                 tions and objects (Internet of Things) – pur-      conceived, can reduce the influence of dis-
                 sues similar objectives. Pilot projects would      criminatory prejudices in decision-making.
                 clarify if this approach can also be applied           An ethical debate about the details of the
                 to nationals of third countries.                   mobility system becomes necessary precisely
                    It will be indispensable to integrate the       when digital technologies are to be em-
                 private sector into any international mobil-       ployed. One criticism will be that a digital

SWP Comment 13
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6
identity and trust system based on the im-        Political Objections
balance of power between poorer and
richer nations will not facilitate the mobil-     There needs to be a debate about political
ity of people from the poorer countries.          issues as well as ethical ones. They include
Objections such as this must be taken seri-       the argument that governments tend to
ously since people wishing to travel will         view decisions about access to the national
probably continue to be rejected – and            territory as central to their activity and do
the suspicion of discriminatory prejudices,       not want to give up any competency in this
whether by natural persons or by algo-            regard. The counter-argument runs as fol-
rithms, cannot be eliminated.                     lows: a modernised travel system would
   Beyond this, further fundamental issues        not make decisions about longer stays, for
will have to be clarified. How to deal with       instance for work purposes; such decisions
the tension between the travellers’ agency        would remain the countries’ “domaine
over their data and the requirement that a        réservé”. At least the debate would address
trust system, to be effective, must contain       the problem that a travel regime which is
enough data? When has anyone attained             frustrating for the Global South would be
“sufficient trust” – or will the expansion        counterproductive since it would thwart co-
of certification and identification create a      operation on other topics as well. In contrast,
“spiral of distrust”, in other words an un-       a transparent process aiming to facilitate
capped need for ever more, even better            global mobility for everyone would put co-
verified but never sufficient data? How to        operation before unilateralism and create
define a “key area” in which no data are          new opportunities for cooperation so as to
collected, such as bank accounts? How to          better manage irregular migration and the
prevent an accountable person’s control           unjustified onward migration of asylum-
being transferred to a machine when arti-         seekers.
ficial intelligence is used and the decision-        An international mobility policy would
making process is automated? Are the              also be generally economically advanta-
guarantees contained in Article 22 GDPR           geous for all participating actors; we could
sufficient? And how to design effective           therefore expect enough countries to join
objection and appeal processes?                   in such a project. Germany has the political
   The fundamental ethical issues also in-        leeway and technical competence to con-
clude the objection that millions of people       tribute to modernising international mobil-
in the Global South will probably not attain      ity. It also has the will, as the December
a sufficiently high degree of trust due to        2021 coalition agreement has shown in ref-
their inadequate socioeconomic resources          erence to the issuing of visas.
and limited access to digital resources, and
will therefore continue to be excluded from
travel to Germany and the EU. A counter-          Recommended Actions
argument is the fact that in Germany and
other OECD countries the unequal distri-          ∎ The German government should launch
bution of resources also constrains citizens’       a national strategy to digitally modernise
mobility: a high passport ranking is of little      international mobility with its partners
use for those who cannot afford to travel.          from business, technology and civil
Ultimately the objective is to develop tech-        society.
nical solutions that correspond to the politi-    ∎ The government should also verify
cal modernisation targets; safeguard individ-       whether a trust system with a digital
ual rights from an ethical perspective; priori-     platform can be established as a public-
tise data protection; coincide with Chapter         private partnership and as a public body.
3 of the GDPR; and endow everyone with            ∎ Moreover, the German government should
rights, such as the right to transparent deci-      initiate an international policy dialogue
sions, appeal, correction and compensation.         that could result in negotiations on a

                                                                                                    SWP Comment 13
                                                                                                      February 2022

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Global Compact for International Mobil-
                                   ity, and one that enumerates the weak-
                                   nesses of technical processes such as
                                   Trusted Traveller.
                                 ∎ Industry, service providers and social
                                   partners should participate: first, in the
                                   strategy dialogue; second, in building
                                   a digital platform to support mobility
                                   policy through the provision of services
                                   (e.g. insurance, monetary transactions,
© Stiftung Wissenschaft            travel and tourism, consumer advice);
und Politik, 2022                  and third, in the supervisory bodies of
All rights reserved                a trust system with a digital platform.
                                 ∎ Finally, it is important to include civil
This Comment reflects
                                   society, both in this dialogue and in the
the authors’ views.
                                   supervisory bodies of the trust system.
The online version of              There could, for example, be a digital
this publication contains          platform that offers civil society services
functioning links to other         in information, advice and cooperation.
SWP texts and other relevant
                                   Not least, this platform could serve as a
sources.
                                   means of exchanging with foreign civil
SWP Comments are subject           society actors on issues of international
to internal peer review, fact-     mobility.
checking and copy-editing.
For further information on
our quality control pro-
cedures, please visit the SWP
website: https://www.swp-
berlin.org/en/about-swp/
quality-management-for-
swp-publications/

SWP
Stiftung Wissenschaft und
Politik
German Institute for
International and
Security Affairs

Ludwigkirchplatz 3–4
10719 Berlin
Telephone +49 30 880 07-0
Fax +49 30 880 07-100
www.swp-berlin.org
swp@swp-berlin.org

ISSN (Print) 1861-1761
ISSN (Online) 2747-5107
doi: 10.18449/2022C13

Translation by Tom Genrich

(English version of
SWP-Aktuell 10/2022)
                                 Dr Steffen Angenendt is Senior Fellow in the Gobal Issues Research Division at SWP.
                                 Karl Steinacker is Digital Advisor at the International Civil Society Centre, Berlin.

       SWP Comment 13
       February 2022

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