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Title: The relationship between human rights and Muslim immigration in Germany Author: Stella (Ai Zhong) Abstract In 2016, during the 11th year of Chancellor Angela Merkel's government, Germany has ushered a series of changes in migration policy, affecting the daily lives of Muslim immigrants living in the country. This paper focuses on how these changes in the migration policy, which had the intention to prevent terrorist threats, provoked a large effect in the protection of human rights from Muslim immigrants; hence, “butterfly effect” 1 . These policies are widely recognized as a huge benefit and openness to Muslim immigrants, but this paper will demonstrate that, in practice, there were positive and negative changes in human rights protection especially for these immigrants. This paper compares the current policy with the previous one, and challenges the common understanding on these new policies reveling difficulties such as the integration of cultural identity, diminishing time for the resident permit and the opposition of the political parties. At last, the paper also shows the trend of right-wing political parties in Germany, unfolding what the public opinion and other studies debate on the matter. Led by prominent international relations scholars, it concludes that the new immigration policy adopted by Merkel's government hinders the integration of Muslim immigrants into local society. Although the paper does not analyze date on the threat of terrorist incidents, there results of this new policy for the protection of the human rights of Muslim immigrants will be major and the real impact of these policies are still to be foreseeing in the years to come. Introduction Since 9.11, countries all over the world have paid more attention to prevention terrorism through the implementation of new policies and the human rights of Muslim immigrants are affected by these policies. In Germany, since the outbreak of the European refugee crisis in 2015, a wave of anti-terrorism launched and a series of policies that were carried out to deal with the global terrorism crisis. International scholars have made a comprehensive and detailed analysis of Germany's anti- terrorism policy, its influence and reasons. At the same time, the research on the connection between anti-terrorism policy and human rights and immigration policy is relatively scarce. This article will argue how Chancellor Merkel's policies and the introduction of new immigration laws affect the Germany's progress in the fight against terrorism through the individual´s perspective. The current research paper highlights some of the root causes of terrorism in Germany, which may be related to the change in migration policies. This paper will explore how there has been a butterfly effect is, that it, while changes in policy are not so major, these changes produce effects for the Muslim migrants 2 in 1 https://dictionary.cambridge.org/dictionary/english/butterfly-effect 2 This paper uses migrants rather than refugees, because it includes a bigger population of foreign individuals. According to scholars (Mushaben 2017, 529), “ ‘refugees’ consist of groups granted collective protection in the event of violent conflict, natural disasters or other humanitarian crises certified by the United Nations or falling under the 1951 Geneva Convention”. 1

Germany, which results in the intensification of social contradictions. Currently, the federal government of Germany deals with terrorism by modifying legislation and designing a preventive strategy based on dialogue rather than confrontation, which strengthens international anti-terrorism links and cooperation. At the same time, the introduction of the new immigration law and Merkel's relevant policies for refugees are affecting Germany's progress in the fight against terrorism. In the 21st century, the issue of human rights through the individual lenses is still understudied in the field of international relations. For example, there is still a lack of discussion on the impact of German anti-terrorism policy on human rights. This paper argues that the new immigration policies – especially the 2016 policy - affected Muslim immigrants and refugees because these policies provided harder conditions for the immigrants to integrate in the German society. This paper focuses on the research and analysis of Germany's reflection on Muslim human rights under the influence of anti-terrorism policy. It will refer to relevant policies and data provided by the European Union official, “National security strategy” demonstrated in the white paper of the German federal government. This paper aims to study the human rights of the Muslim immigrants/refugees in Germany. It combines the practical results of the policy with the issue of Muslim human rights innovatively, and its analysis will interpret the German federal government's anti- terrorism policy, and conduct in-depth discussion on this issue. Through the analysis and in-depth exploration of this paper, it will provide a clear and comprehensive understanding and reference for Germany's anti-terrorism and even Europe's anti-terrorism. The first part of the paper introduce the context of antiterrorism in Germany and how this affected new immigration policies. The second part analysis previous scholars´ studies on cultural integration and Huntington´s theory, linking together their ideas to the argument stated in this paper. Part III provides an analysis of the policy offering three perspectives, which affect the individual human rights of Muslim immigrants. It concludes that the integration of Muslim groups to German society and the reconciliation of this integration with the new policies are still insufficient. Part I Context on antiterrorism in Germany Since 2015, Europe has become a country with a huge influx of Muslim migration and this has had much impact on how this country deals with both migration policies and anti-terrorism policies. Through the number and distribution of terrorism cases in recent years, it can be concluded that the threat of terrorism in Britain ranks first, followed by France, Germany, Belgium and Denmark. Although it seems that Germany is not the only country facing this problem ( Haubrich 2003 , 20), its international status and role after World War II determine its particularity. The traditional pacifism advocated by Germany and its role as a "middle" faction led to no active action against the Islamic state. Obviously, the old capitalist countries such as Britain, France and even Denmark are more active On the definition of migrants, “the UN Migration Agency (IOM) defines a migrant as any person who is moving or has moved across an international border or within a State away from his/her habitual place of residence, regardless of (1) the person’s legal status; (2) whether the movement is voluntary or involuntary; (3) what the causes for the movement are; or (4) what the length of the stay is.” 2

in cooperating with the United States in combating the Islamic Resurgences (Huntington 1997, 109). However, after 2015, a series of terrorist events forced Germany to pay more attention to the issue of anti-terrorism. The main reason is the governance dilemma of Muslim immigrants. As one of the countries concerned with the immigration problem, Germany has been looking for a reasonable way to solve it. Throughout the European continent, German Chancellor Angela Merkel implemented the most open policy on immigration in 2016, and Germany is still one of the most welcome European countries for refugees (Mushaben 2017), which also means that Germany faces great challenges. According to the Federal Office for Migration and Refugees Migration and Integration Research Department (Federal Office for Migration 2016) the surge in refugee capacity and crime rates is also showing signs of a change in public sentiment. This can be compared with Britain, France and Denmark´s policies while these countries are generally tightening their immigration policies. Britain emphasizes multiculturalism, while France tends to assimilate. Scholars (David Perl 2009; Anouar Boukhars 2009; Peter J Katzenstein 2002) have said that the terrorist threat in Germany comes from Islamic radicals, who are regarded as the country's main national security issue. What can be affirmed is that Germany has taken more effective anti-terrorism measures. Germany has taken meticulous measures to prevent radicalism and extremism by setting up a variety of institutions to coordinate and help activists or their families to seek advice, and paying attention to the prevention and tracking measures for radicals. At the same time, the country actively participated in the anti-terrorism alliance and the post-war reconstruction of Afghanistan after 9/11. The main objective of Germany's anti-terrorism policy is mainly to solve problems in a peaceful and civilized way. Building a set of comprehensive crisis prevention and handling mechanisms will be the main goal of Germany in the future. For a long time, the unequal treatment of Muslim groups in the country is the root cause of the harm to the self-esteem of Muslim groups. Germany's anti-terrorism strategy embodies a comprehensive governance scheme. For example, the cooperation between social institutions and the government mentioned above lies in the process of de radicalization, that is, transforming the identity of terrorists or potential terrorists into a group identity transformation. The purpose of this anti- terrorism policy is not only limited to the elimination of specific terrorist events, but also to eliminate the social roots of terrorism. At present, it is impossible to accurately judge whether it has a definite radical effect on suppressing riots and promoting Muslim integration into society, but based on the data report, it has not played a positive role, so this is the relevant issues that this paper needs to discourse and study. Part II Cultural integration and Huntington´s theory Europe has received large numbers of labor immigrants, asylum immigrants and family immigrants (family reunification with immigrants, or new family formation) before 2016. In fact, when we go back to the history of Germany before 2016 and its attitude towards refugees - after the Second World War, the United States launched the "European recovery plan" for Western Europe, and the Federal Republic of Germany (hereinafter referred to as Germany) However, due to the casualties of young people during the war and the decline of birth rate before and after the war, the German 3

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domestic labor force could not meet the needs of economic development. Therefore, from the beginning of the first World War to the Second World War, the number of millions of immigrants in Germany has been expanding, until Germany was unified in the 1990s, the German government introduced the national policy of labor recruitment from the international market ( Nordbruch 2013). In this context, from the perspective of Muslim immigrants, they came to Germany to become workers mainly because of the pressure of domestic employment and the desire for better job opportunities. However, due to their low education level and language knowledge, the lack of communication and other reasons, the foreign Muslim workers can only work at the lower income jobs and live in the poor areas, which makes their contact with the mainstream society of Germany very limited. This indicates that the early Muslim workers did not realize the real social integration in Germany, but worked and lived in Germany as a "guest" (Tize 2020), not as a citizen of German of society but rather as a foreigner. Huntington´s concern with immigration is also characterizes by demographic concerns. This is particularly evident in the following passage:“By the early 1990s two-thirds of the migrants in Europe were Muslim, and European concern with immigration is above all concern with Muslim immigration. The challenge is demographic – migrants account for 10 percent of the births in Western Europe….” (Huntington 1997, 1774).Samuel Huntington, a well-known scholar of international relations, put forward a worthy point of view for cultural conflict, immigration and counter-terrorism, as per below. The larger wave of migration at the end of the 20th century (after the end of the Cold War) became a self-reinforcing process for non-Western countries and self-promoting, a "global migration crisis". Two-thirds of migrants in Europe are Muslim. The Muslim community, whether Turkish in Germany or Algerian in France, is not integrated into the culture of the country. In his essay, Huntington elaborates on Germany's problems: public opposition to immigration and hostility to immigrants manifests it in extreme violence against immigrant communities and individuals - an argument that will be mentioned in the counter-terrorism section. More importantly, the votes of right-wing, nationalist and anti- immigrant parties are growing - a phenomenon that will been analyzed in the later part of integration of immigrants. Huntington also cites Stanley Hoffman's argument that "the growing fear in the West is based on real cultural conflict and concern about the loss of national identity". Huntington's focus on immigration is also reflected in his concern for the population: “By the early 1990s, two-thirds of European immigrants were Muslim, and Europe's focus on immigrants was first and foremost on Muslim immigrants. The challenge is demographics - immigrants make up 10 per cent of the Western European-born population..." But at the same time Huntington offers another view. The problem of Muslim invasion may ease, and population growth will peak and begin to decline. By 2025, Muslim immigration is likely to be significantly reduced, so the threat of "Islamization" in Europe will be replaced by the threat of "Africanization". Indeed, this tells another story which the paper will not involve this aspect of the analysis. In summary, Huntington argues that European society is not willing to assimilate migrants, and that the consequences of further deterioration can be avoided if European societies are willing to bear the cost of limiting migration. If the West is to reduce its losses, it must subtly apply its economic resources as carrots and sticks when dealing with other societies. The challenges and changes ahead are still unpredictable and incalculable, however, and according to Huntington's expectations above, the number of Muslims will be reduced, but until then, European countries, especially Germany, will have 4

to balance immigration with human rights. When the focus turns to France to deal with immigration, the angle will be very different. France has long adopted a policy of separation of church and state for immigrants from the Muslim population, emphasizing that the national identity of education promotes the integration of immigrants. With a series of terrorist incidents in the 1990s, France faced an even greater crisis in dealing with integration, and because of the constraints, the government was unable to support Muslim education on the ground. And what France and Germany have in common, and similarities in Europe, have proved to exist, with the right winning more support as the crisis continues to rise. Just as Huntington says, these "opposition parties" are exploiting economic woes, especially unemployment, denouncing corruption in institutions and governments, and attacking foreigners for their social influence. The intention is to set off volatility, and that's why their motives remain unclear. In the face of the new challenges posed by counter-terrorism in recent decades, how can the ideas put forward in Clash of Civilizations be combined with Merkel's new immigration policy? Nowadays, the identity of Muslim immigrants is not easily recognized as part of the "German citizenship". Due to the differences in national beliefs, the increase in the number of terrorist crimes, the differences in living habits and the worries of local residents about the Muslim community occupying a large number of resources in Germany. One of the issues of citizenship recognition is related to the intersection between their citizenship and their religious identity. 5

Bibliography Books and articles: Boukhars, Anouar. "Islam, jihadism, and depoliticization in France and Germany." International Political Science Review 30, no. 3 (2009): 297-317. Haubrich, Dirk. "September 11, Anti‐Terror Laws and Civil Liberties: Britain, France and Germany Compared 1." Government and Opposition 38, no. 1 (2003): 3-28. Huntington, Samuel P. "The clash of civilizations?." In Culture and politics, pp. 99-118. Palgrave Macmillan, New York, 2000. Katzenstein, Peter J. "Same war, different views: Germany, Japan, and the war on terrorism." Current History New York then Philadelphia101 (2002): 427-435. Mushaben, Joyce Marie. "Wir schaffen das! Angela Merkel and the European refugee crisis." German Politics 26, no. 4 (2017): 516-533. Nordbruch, Götz. "Germany: Migration, Islam and the Question of National identity”. Nation State and Ethnic Diversity: 149. Said, Behnam T., and Hazim Fouad. Countering Islamist Radicalisation in Germany: A Guide to Germany's Growing Prevention Infrastructure. International Centre for Counter-Terrorism., 2018. Tize, Carola. "Living in permanent temporariness: The multigenerational ordeal of living under Germany’s toleration status." Journal of Refugee Studies (2020). Websites: International Organization for Migration, Glossary on migration, IML Series No. 34, 2019 (https://publications.iom.int/system/files/pdf/iml_34_glossary.pdf). 6

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