The Future of Global Mobility - Introduction - Stiftung Wissenschaft und Politik
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
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 Unilateral decisions should be complemented or superseded by international agreements between countries about common rules and procedures for a trust-based system.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. SWP Comment 13 February 2022 2
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- SWP Comment 13 February 2022 3
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 SWP Comment 13 February 2022 4
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 February 2022 5
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 February 2022 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 7
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 8
You can also read