Under the guise of the European policy to combat irregular migration, Germany signed an agreement with Kenya a few weeks ago, and very discreetly. The said agreement is expected to allow 250,000 skilled and semi-skilled Kenyan workers to settle in Germany. Schizophrenia or realpolitik?
Germany is ignoring its membership of the European Union
The double standards of German leaders are undermining the European migration solidarity policy. Furthermore, this new stance deals a blow to the good old Schengen Agreement signed in 1985, which was subsequently revised and amended in 1990, and finally subsumed into the litany of European Union law under the Treaty of Amsterdam in 1999. Moreover, it is neither useless nor insignificant to recall that the implementation of the Schengen Area standards provides for: «the elimination of border controls between members of the Schengen Area and the reinforcement of border controls between members of the Schengen Area and those that are not members (so-called «external» borders).» Finally, this entails provisions concerning a common policy on the temporary stay of persons (including the Schengen visa, for up to three months), the harmonisation of controls at external borders, cross-border police cooperation and judicial cooperation. Case closed.
When it comes to immigration, German Chancellor Olaf Scholz is adopting a discourse that is more than ambiguous, not to say contradictory to the European Union's line. Domestic policy demands it: with one hand he is championing the strengthening of border controls aimed at curbing illegal immigration, while with the other he is signing an agreement with the Kenyan government to recruit 250,000 predominantly English-speaking workers. As will be well understood, this agreement aims to address labour shortages in certain sectors of the German federal economy. A double-speak attempting to satisfy the economic needs of all the country's regions on the one hand, while providing a response to nationalist concerns on the immigration issue. Especially after the success of the far right in the regional elections in Thuringia on 1 September last.
This strategic partnership is therefore clearly aimed at alleviating the growing labour shortage in Germany, primarily in low-skilled jobs, while offering new opportunities to young Kenyans, with a promise, at least on paper, to improve their skills through vocational training. Fair enough.
The signing of this agreement, which took place at the Chancellery in Berlin, confirms the excellent diplomatic and cooperative relations between the two countries.
German Chancellor Olaf Scholz highlights the importance of this agreement in a brief statement, declaring: «A very important agreement in my view. It opens up prospects for Kenyans, as skilled workers or young people can come and train in Germany. This can help us offset the glaring shortage of labour.» That says it all, it must be acknowledged, leaving no room for doubt.
Indeed, this partnership is very timely at a crucial moment for Federal Germany, which is facing galloping demographic ageing (editor's note: with a median age of 46) and seeking solutions to fill its two million vacant jobs.
Berlin and Nairobi light the fuse of a controversy at the heart of European migration policies
Kenyan President William Ruto is also highlighting the benefits of this agreement for his country. Thus, he expressed his support—driven by both diplomatic and economic ulterior motives—by stating: «Today, we celebrate the signing of this comprehensive migration and labour mobility partnership agreement, which will provide a framework for expanding relations between our two countries and people-to-people ties, and will give us the opportunity to unlock the potential of technology in Germany and human capital in Kenya, where we have a large number of educated, innovative and hardworking young people.» For the African leader, therefore, this initiative offers Kenya a valuable opportunity for its young talent while meeting Germany's needs. Deal!
However, this agreement is not without controversy on both continents. Indeed, both the Kenyan political and intellectual opposition see another potential consequence: «brain drain», where particularly qualified professionals could leave the country for some foreign eldorado, de facto impoverishing key developing sectors in Kenya.
Towards a policy of managed immigration?
Will the European Union be inspired by other models, a number of which will have demonstrated their effectiveness?
In Canada for example, three federal programmes are in place and are reviewed and revised by the government on a two-yearly basis, focusing mainly on headcounts rather than procedure. Thus, the most commonly used «gateway» is the one entitled «Express Entry». But mind you, the conditions are crystal clear, precise and unconditional to be eligible, applicants for emigration must meet all the minimum requirements such as skilled work experience, education and language skills. And regarding the latter, the principle is clear: the applicant will have to undergo approved language tests in French or English, particularly with regard to writing, reading, listening comprehension and speaking.
Finally, if the applicant ticks these initial minimal boxes, the Government Immigration Office will assess eligibility for the Federal Skilled Worker Programme based on age, work experience, holding a valid job offer, adaptability (editor's note: how well you will be able to settle here), and furthermore the demonstration of having sufficient funds to settle in Canada.
Closer to home, on the Swiss side, the rules are clear for those wishing to settle: whether or not they are subject to a visa requirement, the duration of an initial stay without gainful employment is three months at most. In the event of longer-term settlement, which is naturally the goal of migration, the applicant must submit an application for a residence permit to the cantonal migration authority of the intended place of residence, theoretically before entering Swiss territory.
Here, too, not just anyone can enjoy the exceptional alpine climate. For being authorised to settle, at least legally, strictly requires having sufficient resources to ensure financial independence and not having to resort to social welfare benefits, being the beneficiary of health insurance that also covers the costs generated by the need for medical care and potential accidents, and having accommodation appropriate to one's personal situation. Regarding foreign students, the latter must also attach the following documents to their application: a personal study plan detailing the purpose of said studies, proof of admission to a recognised educational institution (certificate of enrolment), a curriculum vitae, and above all, confirmation that they will leave Switzerland upon completion of their education.
On either side of the Atlantic, the list of countries that have put in place such a procedure and immigration conditions would be too long to go into.
Within the European Union itself, a number of member states such as Viktor Orbán's Hungary and Giorgia Meloni's Italy have already tightened their border controls, sparking much debate within the Brussels and Strasbourg institutions.
Quietly, and at a time when Europe is deeply divided on the issue of its borders and its reception capacity, which model—or rather, which policy—will prevail?
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