Citizenship and Integration: increasing trend of testing and content Which Integration Policies for Migrants? Interaction between the EU and its Member States Brussels October 2010 Eva Ersbøll

Citizenship a political and legal bond ICJ, Nottebohm-case (1955): a bond of allegiance Inter-American Court of Human Rights, Costa Rica-case (1984): a relationship with a given political society, its culture, way of life and values States: Residence – even long term – not a sufficient ground for naturalisation

Naturalisation requirements Traditionally: Integration clause (Implicit or explicit) requirement of knowledge of the host county’s official language etc. Ex. Nordic countries (1922): no explicit requirement, but ‘it’s as clear as day that the ability to speak the countries’ language is of utmost importance in naturalisation cases’.

Requirements mid-1990s Language requirement repealed in several countries Applicants’ stage of development and educational background taken into consideration Exception: Baltic States: language examination, conversation, reading, writing, knowledge of Constitution, anthem and history (50 years ‘sovietisation’, ethno-demographic changes and fear of national extinction) Council of Europe and EU concern

Integration debate before and after : Language education integrated with integration policy: Adoption of integration Acts and language Acts (ex. NL and DK) Access to naturalisation considered a means of achieving integration (NL and DK) 2002: naturalisation seen as completion of a successful integration process (NL and DK) Language education and tests integrated with aliens and citizenship policy (NL and DK)

New ideas Now: Knowledge a condition for access to rights (civil and political rights) Usually: Knowledge a condition for access to certain jobs and higher education (knowledge based rights)

Since 2002: redefinition of political belonging Language and civic orientation tests key features of the new political agenda: Language requirements for naturalisation strengthened and formalised Knowledge of society tests added to language tests Level of language proficiency increasingly raised Number of applications for naturalisation dropped

European naturalisation criteria today 24 among 29 European states (EU/Nordic) have language requirements 15 states have formal documentation requirements (tests/exams/certificates), however, in 2 of them training or attendance to a language course provide an alternative (N & UK) 13 states have formal societal knowledge requirements

Level of language requirements etc. Estimate: 11 countries apply level A2 [Council of Europe’s common Framework of Reference (CEF)] 7 countries apply level B1 1 country applies level B2

Content of naturalisation tests Knowledge of principles of liberal democracies Knowledge necessary for voting History, geography Culture, art Country specific ‘behavior’ Morality, true values Liberal or illiberal content? (EUDO-citizenship Forum:

Danish naturalisation test question Which Danish painter was one of the founding fathers of the group of artists ’Cobra’ that existed from ?  A: Asger Jorn  B: Vilhelm Hammershøi  C: C. W. Eckersberg

Danish naturalisation test question In the period from around 750 to 1050 (the Viking Age) the greater part of the Danish population was  A: Warriors  B: Hunters  C: Peasants

Denmark past and present

Active Citizenship Permanent residence integrates with citizenship Same (UK and Netherlands) or similar (DK) integration requirements, ex DK: active citizenship test Level a bit below the naturalisation test Demonstrate familiarity with Danish society and degree of integration

Active Citizenship Member of parent association, school board, housing association, integration council or age association Child and youth work, for instance trainer, folk high school, role model, extra tuition etc. Charity work, se list from taxation authority on associations recognised to receive gifts that may be deducted from the donor’s income

1) contributing to immigrants’ integration? 2) testing immigrants’ integration? 3) suited for testing integration? Aim of the tests:

Liberal or illiberal integration tests? Can it be argued (EUDO-citizenship Forum) that if a test concerns (cognitive) knowledge and not morality and ‘true values’, if a test is limited to knowledge of principles of liberal democracies and historical key events, if the test material is cheap or free and if the pass rate is reasonable (70 %), then the test may be considered ’liberal’ – and in accordance with human rights principles?

Liberal or illiberal integration tests? Can it be argued that integration tests constitutes a new form of illiberalism whose relationship with the principle of non- discrimination, human rights and the respect for diversity remains at stake?

On trial? H. C. Andersen: The Ugly duckling H. C. Andersen: The Ugly duckling

Problems to be discussed Most requirements may be fulfilled by applicants who make an effort This does not necessarily apply to high level language and societal knowledge Structured teaching necessary for adults Standardisation versus individualisation