Analysis of Policy Formation and Policy Implementation

Transcription

1 Analysis of Policy Formation and Policy Implementation Maria Kontos, Ana Violeta Sacaliuc Working Paper No. 1 WP2 November 2006 Integration of Female Immigrants in Labour Market and Society. Policy Assessment and Policy Recommendations A Specific Targeted Research Project of the 6th Framework Programme of the European Commission Institut für Sozialforschung an der J.W.Goethe Universität Frankfurt Senckenberganlage 26, Frankfurt am Main, Germany Kontos@soz.uni-frankfurt.de

2 Introduction 1. The invisibility of new female migrants in the official integration policy 2. Integration courses: Formation and implementation of policy 3. National and local disparities in integration policies 4. Formation and implementation of bottom-up integration policy for new female migrants 5. Policy negotiation on combating trafficking 6. Discussion 7. References

3 Introduction The aim of this paper is to discuss structures of formation and implementation of policy affecting integration processes of new female migrants in Germany. New female migrants, i.e. those who entered the country in the last decade, are a diverse group with respect to migration motives, legal status and ethnic origin. Generally speaking, immigration into Germany is handled restrictively. After the recruitment stop of foreign workers in 1973, registered immigration from non-eu countries into Germany was possible only for the purposes of family formation or unification, for humanitarian considerations, contractual, seasonal or specific vocational work, or higher education. Severe restrictions were imposed on the asylum law (Sachverständigenrat für Zuwanderung und Integration 2004), and the number of asylum seekers has declined. Ethnic German immigrants from Central and Eastern European countries as well as Jews from the countries of the former Soviet Union find legal entry, however, criteria for their admission have become more restrictive. In addition to documented immigration, there are also considerable numbers of undocumented migrant men and women in Germany, with estimates ranging between and one million persons (Alt 2004). Most frequently, the immigrants entering Germany for purposes of family formation or unification are female adults who come as spouses of Germans or of foreigners with German residence entitlement (Beauftragte der Bundesregierung für Migration, Flüchtlinge und Integration 2004: 27). The field of integration policy concerned with new female immigrants is rather under-investigated, despite a wide range of work on migration policy. 1 We therefore chose the method of key informant interviews, as knowledge about the issues under investigation is concentrated among the actors active in key positions in this field (Bogner, Littig, and Menz 2005). Key informants in this study are individuals that occupy key administrative positions who have access to internal information on policy formation processes, or members of social agencies who have direct contact with policy implementation and thus first hand knowledge of the impact this policy has on the members of our target group. We aspire to reconstruct the standpoints maintained by selected actors in the arena of policy negotiation, formation and implementation and to analyze the background of these positions, for instance, relationships to the overall goals of the organizations and experiences of the actors in the field. Reconstructing the relationships among these perspectives will help us to understand the structures underlying policy formation and implementation by revealing selection structures that are not explicated in the policy objectives, such as latent inclusion vs. exclusion criteria as well as the arguments that construct these criteria, so that we can formulate hypotheses on the impact of integration policies on female migrants. We used the narrative interview method to gain detailed information of the informants experiences. The themes addressed in the interviews include policy goals, awareness of problems regarding immigration policy and its implementation, views on the situation of the new female migrants as well as undocumented migrants and those employed in the informal sector, as well as suggestions for the improvement of existing policy. The interviews had duration of one to two hours and were recorded on tape, most of them have been transcribed and detailed memory protocols were written for the remainder. Some of the interviews were conducted by telephone. Altogether, we conducted 13 interviews with actors that hold central positions with regard to policy governing female migrants. Whenever possible, we also considered published statements of the organizations in our analysis of the interviews. 1 See the Reports of the Commissioner for Migration, Refugees and Integration (2002 and 2005) and the reports of the Migration Commissions (Zuwanderungskommission 2004), the Migrationreport 2000, Ulrike Davy and Albrecht Weber 2006, Rainer Münz, Wolfgang Seifert and Ralf Ulrich 1997, Baringhorst, Hunger and Schönwälder 2006, Baringhorst, Hollifield and Hunger (2006),Walter, Menz and De Carlo (2006)

4 We built the sample on the basis of the objectives of the FeMiPol project 2 and took into account the analysis of documents published by the policy actors, conducted in the first phase of the FeMiPol project (Kontos, Haferburg and Sacaliuc 2006). Many actors are responsible for integration policies on the different levels of the political system; integration policy is highly fragmented and not made by one hand only. The Ministry of the Interior is responsible for the formation of policy regarding the integration of migrants in Germany. State actors specializing in the issues of migration and integration, such as the Commissioner of the Federal Government for Migration, Refugees and Integration, and the Commissioners for Foreigners and Integration on state and municipal levels assume advisory roles in shaping policy. Institutions traditionally engaged in offering services for vulnerable groups, such as welfare organizations affiliated to churches or trade unions as well as organizations run by women and migrants that have daily contact with the problems of the target group also establish positions by making policy assessments and formulating recommendations for improvement. Moreover, while making services available to migrants, the latter form and implement a bottom-up policy which has an influence on the success of integration among female migrants. We interviewed representatives of state and non-state actors connected to the negotiation and implementation of policy for the integration of migrants, in particular female migrants: State actors The office of the Commissioner of the Federal Government for Issues of Migration and Integration was established in 1978 and has constantly shaped debates on migration and aliens issues in Germany. 93 of the Residence Act defines the tasks of the Commissioner: to promote the integration of migrants with permanent residence in the Federal Republic, to guarantee conditions that allow the tension-free co-habitation of ethnic groups, to combat discrimination against migrants, to initiate and support integration programs, and to provide information about the procedures for naturalization. Concerning legislature on the integration of migrants, the Commissioner is required to be involved in the process as early as possible and to supply the federal government with suggestions and comments. In 1997, the office of the Commissioner was transferred to the Ministry for Families, Senior Citizens, Women and Youth. In 2005, the Commissioner was accorded the status of Minister of State and was assigned directly to the Office of the Federal Chancellor. We interviewed the officer responsible for women s issues in the office of the Commissioner. The Office for Multicultural affairs in Frankfurt am Main (AMKA) was established in 1989 and is not only the first municipal office in Germany assigned with the task of promoting the integration of migrants into society, but is also supplied with broader responsibilities than other municipal and federal states integration offices. The task assigned to the office is to promote the peaceful cohabitation of natives and migrants. The AMKA is furthermore an institution for information, counselling and anti-discrimination. It is charged with the coordination of integration activities of other municipal institutions. Interviews were conducted with an officer responsible for policy and an officer responsible for legal issues. An inter-governmental organization The intergovernmental organization International Organization for Migration (IOM) is one of the key actors in the field of negotiating and implementing policy against trafficking. IOM has its headquarters in Geneva and is financed by the contributions of the member states. The headquarters of the IOM in Germany are in Berlin, a second office is located at the Federal Office for Migration and Refugees in Nürnberg (BAMF). The IOM started its work in Germany 50 years ago with the aim of aiding those wanting to emigrate. Currently, the IOM is engaged in assisting the voluntary repatriation of rejected asylum seekers and victims of trafficking and offers vocational training for victims of trafficking. Interviews were conducted with a representative of IOM Germany and with a collaborator in the EQUAL project Support the reintegration of victims of human trafficking. Empowering national actors, a project that aims to develop a network of actors to support victims of human trafficking in 2 See Integration of female migrants in labour market and society. Policy assessment and policy recommendations Project proposal, January 2005

5 Germany and to establish connections with partner institutions in other countries. The project also aims to develop new ways to attend to the needs of victims and prepare them for integration in the labour market. Non-governmental organizations We interviewed representatives of two trade unions active in economic sectors with high concentrations of female migrants, namely one from the trade union Ver.di (Service sector) and one from the trade union NGG (Food sector, restaurants and hotels). Following the decriminalization of prostitution through the Prostitution Law in 2002, Ver.di initiated activities to organize sex workers. Ver.di addresses not only native sex workers but also migrants, among whom many are undocumented. We interviewed Mrs. M. who is engaged in the project office of Ver.di in Hamburg, Working Place Prostitution. Formally, Ver.di addresses also domestic workers, however, there is little activity to reach this group, whose working conditions are characterised through extreme isolation and who are rarely organized in the trade union. We interviewed a representative of the NGG trade union to explore the position held by the trade union towards the employment of migrant women in the food sector. Church welfare organizations are important actors in this field. They not only engage in social work with migrants but also take up positions on policy issues, especially integration policy, and influence policy formation. We interviewed two social workers working in the department for Migrant Youth Counselling of Caritas and counselling mainly young people from Eastern European countries. With respect to women s organizations offering advice, information and support to female migrants, we interviewed representatives from four organizations: - The Working Group and Counseling Center Against International Sexual and Racist Exploitation, Agisra Köln was established in 1993 as an agency to supply information and assistance to female migrants and refugees who are victims of sexual exploitation, forced labor, humiliation, inhuman treatment or violence in their country of origin and persons who have become victims of discrimination or racism in the host society. The members of AGISRA are themselves migrants and understand their organization as a self-help organization. We interviewed an officer responsible for counseling migrant women. - The members of the Association for Social and Political Rights for Prostitutes, Dona Carmen, also understand their organization as a self-help organization for migrant sex workers and offer counseling, information and help to migrant prostitutes. Dona Carmen was established in 1998 and lobbies for the social and political rights of migrant prostitutes and the improvement of their situation. The counseling centre is located in the red light district of the city. The organization campaigns for the recognition of prostitution as a vocation. Due to its very critical position on policy, it does not receive public funding and is financed exclusively through donations. We interviewed an officer responsible for administration and for counseling migrant women. - The association Women s Rights are Human Rights (FIM) emerged out of the women s movement in the Protestant Church. It got started in Frankfurt/Main in 1980 when Thai women in Germany raised awareness concerning the phenomenon of sex tourism and human trafficking. FIM is a consultation centre for female migrants and their families from all over the world. We interviewed an officer responsible for administration and for counseling migrant women. - At the end of the 1980 s, the Association Women in Need founded two women s shelters and a counselling centre in Frankfurt, with the aim of helping women who have to endure violence within their marriage. The association provides migrant women with intensive support and the chance to get out of their partnership and start a new life. The women s shelters were conceived by women s movement activists primarily as support for native women. Today the share of migrant women who seek out shelter is high. In 2005, there were 65 nationalities among the women given shelter and support by the Association Women in Need, with native women still comprising the largest group, the second largest group being Moroccans; further large groups are comprised of Polish, Russian and Turkish women. At the time of the interview, 67 women and 55 children were being accommodated in the two shelters. Along with the women frequenting the counselling centre run by the association,

6 approximately 140 persons are serviced by the organization daily. We interviewed an officer responsible for administrative issues and counseling. The analysis revealed that particularly in the fields of human trafficking and prostitution, vigorous activity is evident among women s organizations regarding policy formation and policy implementation. In the case of female spouse migrants women immigrating to marry German men or migrant men with a valid residence permit activities also include establishing support for those whose right of residence is at risk in the first two years, when residence permits of marriage migrants are dependent on the maintenance of the marriage. Moreover, the only integration policy pursued for migrant women in the sectors of domestic work, agriculture and gastronomy is the bottom-up policy promoted by the counseling centers established by women s associations and counseling organizations close to the churches. In the following, we present the results of the analysis, first in relation to the general lines of policy (chapter 1), then in relation to the integration courses (chapter 2). We will address bottom-up policies, such as advice and support for undocumented and other migrant women (chapter 3) as well as against trafficking (chapter 4), and we close with an overall assessment of the field of policy negotiation on the topic of the integration of new female migrants (chapter 5). 1. The invisibility of new female migrants in the official integration policy The Commissioner of the Federal Government for Migration, Refugees and Integration makes recommendations to the Ministries responsible for migration and integration policy. She also has to participate in public debates on migration and integration policy and organize events in which new ideas can be discussed. Press releases by the Commissioner have the function of starting debates on issues. After the change in government in autumn 2005, the new coalition government consisting of the Social Democratic and Christian Democratic parties appointed Maria Böhmer, president of the Christian Democratic Women s Union, as the new Commissioner for Migration, Refugees and Integration. As the new Commissioner attaches great importance to women s issues, the organizational structure of the office was changed and a separate department for women s issues was created; previously, all departments were implicitly in charge of women s issues. The officer we interviewed confirms that the Commissioner s focus of current official integration policy is on those who have a legal right of stay, thus mainly on old migrant populations, and those immigrating with the objective of family reunion or family formation. Furthermore, similar to the discourse in the federal government, the main focus of the integration policy supported by the Commissioner in relation to the migrant women is the maintenance of their human rights. The issue of human rights is particularly crucial in conjunction with forced marriages, crimes of honour, and trafficking. A great number of new female migrants, however, are undocumented migrants or have only been granted a limited right of stay, such as domestic workers in households with persons in need of care 3. The officer from the Office of the Commissioner admits that domestic workers and workers with limited residence permit are not addressed by the official integration policy, nor are they a topic in the work of the Commissioner. Seasonal workers and migrants working in households for a limited period of three years seem not to be relevant to integration policy because they are not considered to have a need for integration as they should be leaving the country soon. 3 Domestic workers, as well as some other categories of workers, can be officially recruited in the countries of Central and Eastern Europe with which agreements have been made. Domestic workers are eligible for a maximum three year permit of stay and can only re-enter Germany three years after the date they departed from Germany. In response to this regulation, a system of rotation among domestic workers has been established. (Kontos, Haferburg, Sacaliuc, 2006)

7 There is little political interest in the group of the (migrant) domestic workers. Domestic workers are also difficult to access. This issue is more readily discussed with respect to the problem of tackling the problem of family care. The lack of public interest on migrant domestic workers is both a lack of interest in policy for their integration and a lack of interest on implementing policy for their expulsion, as most of the domestic workers are undocumented migrants. We can therefore interpret this non policy as a policy of a discreet toleration of undocumented migrant workers in the domestic sector. It is the precariousness of the care problem generally, especially the care of the elderly in German families that leads to this lack of interest in the group of domestic workers. Because of the urgency of the care problem, and the lack of alternative solutions to the employment of undocumented migrant women, there is no political pressure on the authorities to become active implementing the law combating undocumented immigration and irregular work; rather the opposite is the case. From the perspective of the officer, the legalization of undocumented migrants is not a theme that draws attention in Germany. The main interest of the Churches, who are indeed engaged in this field, would be to decriminalize those who help undocumented migrants, by organizing assistance for them to overcome the risks in which they may get into. Nevertheless, a focus in the integration policy of the Commissioner is the normalization of the legal status of the approximately so-called tolerated migrants, i.e., migrant men and women with a temporary suspension of deportation. 4 These are for the most part rejected asylum seekers who cannot be deported due to humanitarian or other reasons. The de facto integration of tolerated migrants that is rooted in the long period of their stay should be taken into account by policy which should develop conditions for the normalization of the legal status of the currently tolerated persons: These people live in Germany for many years, their children attend German schools, but they are not allowed to learn an occupation as an apprentice, nor are they permitted to enter the labour market. In contrast to the silence about undocumented female migrants in domestic work, and in accordance with the dominant discourse concerning women s rights, the issue of trafficking is a central theme for the Commissioner. In contrast to official policy, the Commissioner does formulate recommendations to develop perspectives for victims of trafficking, for instance, through granting them permission to stay. Thus, it is only in relation to the trafficking of human beings that new female migrants become a topic for the integration policy discourse cultivated by the Office of the Commissioner. In general, there is great proximity of the position of the Commissioner to the official positions of the Federal Government. However, the position held by the Commissioner on integration policy differs in many aspects from the position of the Federal Government. The Commissioner defends, for instance, an understanding of the integration of migrants with legal status as social inclusion via social rights, also in a range of issues related to the rights of migrant women. She has previously opposed a range of propositions from the Ministries that instrumentalize women s rights towards limiting immigration flows. Concerning the strategy for combating forced marriages the Commissioner has recently opposed the proposition made by the Minister of Interior. The proposition entailed obliging spouses about to join their partners in Germany to learn German already in their country of origin, and to raise the minimum age for the immigration of spouses from 18 to 21 years (Classen 2006). Our interview partner agrees that the proposition of raising the age of immigrating spouses, although related to the argument of combating forced marriages and defending women s rights, also functions effectively as a mechanism to restrict immigration. It is apparent that the increase in the pre-conditional minimum age for immigration is an instrument for limiting immigration. However, this has not been communicated in this way. 4 This is regulated in Section 60a para. 2 of the Residence Law.

8 The Commissioner has objected to several further policy suggestions that would deteriorate the social situation of migrant women. Some are based on the recurrent suspicion of fictitious marriages by nonresidents who immigrate to Germany after marrying. She has plead for the eradication of the dependent residence permit for immigrating spouses and for the establishment of an autonomous right of stay for them, independent of the maintenance of the marriage (Beauftragte der Bundesregierung für Migration 2005). In sum, in the account of the representative of the Commissioner of the Federal Government, in conjunction with our analysis of the publicized opinion of the Office, we could observe a critical distance to the official discourse that instrumentalizes women s rights for achieving more restrictions in the immigration of family members. We could also observe support for an inclusionist policy towards female migrants who have legal status in Germany. However, undocumented migrant men and women remain invisible in the account, as well as the activities of NGOs to support undocumented migrants. Migrant women in the domestic sector even with legal status are not thematized. Their situation is overshadowed by a major problem in German society, the care for the elderly, and they are seen as only temporary residents in Germany and therefore as having no need for integration. 2. New female migrants and integration courses. Formation and implementation of policy The central assumption underlying German integration policy is that knowledge of German language and society is both a central means for integration as well as an indicator for integration. In 2005, a new Immigration Act introduced structures for actors who implement integration policy. Part of this policy is the centralized organization of integration courses to be offered to newcomers, as well as to migrants already residing in Germany, is. The share of newcomers in the courses amounts to approximately 30%; the rest are migrants already residing in Germany. Among the newcomers taking part in the language courses, the largest group consists of migrants entering Germany for the purpose of family reunion or family formation; female migrants joining their husband are numerous among this category (Interview AMKA). The Federal Office for Migration and Refugees (BAMF) became responsible for the organization of the integration courses that consist of language and orientation courses. In her interview, the representative of the Office for Multicultural Affairs outlined aspects depicting how this policy was formed. In 2000, as a predecessor of the federal program, the city of Frankfurt am Main started a model project with language and orientation courses for newcomers. Concerning the content and the method of these courses, an exchange took place between the Office for Multicultural Affairs and the Federal Office for Migration and Refugees that funded the Frankfurt project. The representative of the Office for Multicultural Affairs stressed that despite the fact that evaluations have shown that the Frankfurt integration courses are very successful, which was widely documented (Kunz 2006), the planning of the Federal Office for Migration and Refugees disregarded the experiences of the Frankfurt courses and developed an entirely different model for the federal integration courses. Nevertheless, in its report to the European Commission, the Federal Office for Migration and Refugees characterized the mother tongue orientation courses of the Office for Multicultural Affairs as best practice. Indeed, the integration courses of the Office for Multicultural Affairs have been listed in the Handbook on Integration of the Directorate General Justice, freedom and Security as best practice (Directorate General Justice 2004). The main differences between the course concept implemented by the Office for Multicultural Affairs and the courses developed later by the Federal Office for Migration and Refugees are target group proximity versus distance and centralistic planning versus local orientation. The following differences are identified by the representative of the Office for Multicultural Affairs: Courses conducted in different languages: The orientation courses in the Frankfurt program have been offered, as far as possible, in the mother tongue of the migrants. This was not possible each case, however. Migrants familiar with English (from Asia and Africa) could

9 attend courses conducted in English; others familiar with French (from Africa) took courses conducted in French. In contrast, the courses of the Federal Office for Migration and Refugees are all held in German. Trainers with migrant background: The trainers were migrants themselves who have been living in Frankfurt for several years and were given teacher training. A concurrent function was to provide examples of successful integration and to impart a symbol of the fact that Frankfurt is an international city. The courses of the Federal Office for Migration and Refugees pay do not take the importance of the migrant role of the trainers into account. Local society as the basis for orientation courses: The aim of the Frankfurt courses was to show the newcomers how local society is structured. This included the tasks of the departments of communal administration and practical information as which office to address for registration, as well as how communal politics work and which are the most important issues being discussed in the city. The courses of the Federal Office for Migration and Refugees offer do not offer information on such local political issues. Moreover, the representative of the Office for Multicultural Affairs formulated a severe critique of the integration programs of the Federal Office that is shared by the Commissioners for Integration in other major German cities. Their critique is that the administrative procedures related to participation in the integration courses are highly intricate and access to the program is extremely complicated; newcomers with a low educational level who do not have good guidance cannot find their way to them. First of all, the office of the Federal Office representative which supplies applicants with information on the courses is located outside of the city, at the airport, and is not easy for migrants to access. Furthermore, the list of organizations authorized to offer courses that is distributed to migrants by the Aliens Office is never up to date, it continuously changes as new institutions are being authorized to offer courses. There is no clear entry to the courses says the representative of the Office for Multicultural Affairs. Moreover, the complicated legal framework makes it difficult to define who can participate in the courses: Some have to participate, others can participate, the third category is allowed to do so, the fourth has to apply in Nuremberg but they don t know how to. That is why I say that it is very difficult to find a way into the program without guidance. Because of the difficulties in enrolling in the courses, the number of the participants has not been as high as expected, although higher than in the language courses offered in previous years (Beauftragte der Bundesregierung für Migration, Flüchtlinge und Integration, 2005: 19). For the year 2006, the Minister of the Interior has decided to reduce the financial means allocated to the integration courses. A relevant point of criticism is also that the specific organization of the integration courses actually leads to the exclusion of people with low educational levels. By lumping well educated migrants and poorly educated migrants together, one consequence is that those with a poorer education are soon not able to follow the teacher. This might affect migrant women stronger than migrant men, as due to gender specific living conditions migrant women have less access to education than male migrants. In contrast to this women unfriendly course structure, the Office for Multicultural Affairs has developed language courses specifically for migrant women without much education, who in some cases are illiterate, under the label Mama is learning German. By attending these courses, the women are placed in a position to subsequently attend the federal integration courses with success. In order to reach the migrant women in question and to facilitate their participation, the courses are organized in close cooperation with schools, kindergartens and with migrants ethnic or religious associations. Our interviewee refers to a trend in the integration policy that we could call marketisation and its unfortunate impact on the integration of female migrants. As a result of the institutionalization of the integration courses for migrants, a lucrative new market for language and orientation courses has opened up. The increasing interest of big, profit-oriented adult training organizations to conduct integration courses has lead to an increased competition in this market, threatening the existence of the smaller organizations. The big organizations can offer courses at cheaper rates than the small organizations, thus forcing them out of the market. On the other hand, the small organizations are

10 more experienced and specialized, for instance, in offering training courses focused on migrant women, while the courses offered by the big organizations are standardized courses that do not always match the needs of the different groups and, as mentioned above, are not oriented on the local society. The Office for Multicultural Affairs in Frankfurt, together with other Integration Offices, is demanding that licensing for private educational institutions that wish to offer integration courses should undergo specific quality criteria. At the moment a lot of commercial organizations, acting nationwide, are applying for licenses, although they have no idea about local structures and are simply thinking about turning a profit. This is a point with which we are struggling at the moment; we stipulate that licensing for such institutions must happen under specific quality criteria... This leads to competition between small and specialized institutions. institutions that cater to women. are thrown out as a result of this competition and this does not fit in with the spirit that underlies the policy. Trying to explain the lack of integration of migrants, public actors readily accuse the migrants of not being interested in learning German. A public discourse has developed on the necessity of exercising pressure on migrants to enroll in and attend language courses. Opposing the figure of the refractory migrant who has to be forced to integrate, the representative of the Office for Multicultural Affairs stresses that the Frankfurt courses proved the high interest of migrants in language courses. This attitude has absolutely nothing to do with reality and the openness and desire to learn among most newcomers. The courses found great resonance among migrants, and this has been captured in interviews conducted with participants within the framework of an evaluation of the courses. Further criticism formulated by the officer towards federal policy concerning integration courses refers to the procedures of assessing successful participation in these courses. Alien Offices have to assess the outcome of course participation, but they are not equipped with the appropriate criteria to assess whether German language knowledge of the migrant has attained the required level or not. There is, therefore, arbitrariness in decisions made on whether a migrant has acquired the level of language that is prescribed for renewing a residence permit. Moreover, this process is not transparent for the migrant. Usually, when the residence permit has to be renewed. then verification of German language comprehension is needed. This is made by officers in the Alien Office. Concrete criteria have not been fixed. Key is rather the impression made during conversation this opens great latitude, and decisions may be arbitrary... There are no reliable standards set up with the cooperation of experts and about which one can inform the applicants. Similarly, there are no reliable standards or nationally accepted procedures for the language examination which precedes naturalization. It may not be the intention of the officers in charge of this examination to exclude people; but they must act without secure knowledge or advice from experts and without the benefit of a standardized method, and they have to improvise in a way that is of great disadvantage to migrants. Many of the registry officers confront the naturalization applicants with a task which is by far too difficult, i.e. to read and summarize a newspaper article. Nevertheless, as good practice, the representative of the Office for Multicultural Affairs mentions the federal state of Bavaria that has developed a specific test; in order to prepare for the test, one can attend adult evening classes. The test takes into account that functional or real illiterates may be among the applicants. 3. National and local disparities in integration policies Comparing the accounts of the representatives of the two state actors, the representative of the Commissioner of the Federal Government for Migration, Refugees and Integration and the representative of the Office for Multicultural Affairs in Frankfurt we can observe the disparity of positions related to integration policy and the conflict related to this disparity between national level

11 and local level actors (Favell 1998). Not only in relation to the integration courses but also in relation to the issue of undocumented migrants we observe differing positions on the federal and the local political levels. In contrast with the position expressed by the representative of the Commissioner of the federal Government for Migration, Refugees and Integration, who renounces the existence of activities targeting the situation of undocumented migrant women and men, the representative of the Office for Multicultural Affairs in Frankfurt acknowledges the activities on the level of local policy towards integration of the undocumented migrants. In fact, on the local level, not only NGOs especially churches and women s associations but also the established local political parties have started to take seriously the need to address the problems arising from the presence of undocumented migrants. The Coalition Contract between the CDU and the Green party in the city of Frankfurt, that has been agreed upon after the communal council election in March 2006 includes the common intention to develop policy measures addressing the situation of undocumented migrants, cooperating for this with the organizations that already are active in the field. The social situation of the people who live in Frankfurt without a legal status should be improved through appropriate measures. For this purpose, a committee of representatives from the authorities and welfare associations should be established. Its task will be to elaborate practical solutions on how these people can receive access to basic or emergency health care and enroll their children in schools and daycare programs. (Koalitionsvertrag 2006) It should be noted here, that the opening of the attitude towards undocumented migrants on the communal level entails a serious potential conflict between policy makers on the local level and those on the federal state and the federal level. The representative of the Office of Multicultural Affairs in Frankfurt expressed doubts on the compatibility of the local policy with the federal state policy, especially in relation to enrolling undocumented children in schools: Because the Minister for Culture in Hessen has issued a decree that the school directors who enroll such children are to be punished. 4. Formation and implementation of bottom-up integration policy for new female migrants Bottom-up integration policies of non-governmental organizations consist of services offered to migrant women and policy demands directed towards state actors. These policies emerge in a complex field of organizational goals, the specific perception of problems of the target group and the socioeconomic and political conditions shaped by official policies. Guided by the principles of the women s movement, most of the NGOs we interviewed are dedicated to promoting women s rights. There are differences arising from the different roots, for instance the FIM emerged from the women s movement in the protestant church, AGISRA and Dona Carmen understand themselves as selforganizations, the association Women in Need arose from the autonomous women s movement. The social service of Caritas, on the other hand, is guided by the Christian principles of charity. The organizations are connected in different ways to the structures that have recently arisen to tackle the trafficking of women and they participate in different ways in structures of cooperation with other actors. AGISRA, FIM and the association Women in Need cooperate with the police by counselling and supporting migrant prostitutes who have been identified by the police as victims of trafficking. This is not the case with the association assisting migrant prostitutes; Dona Carmen rejects such cooperation. Concerning bottom up policies for new female migrants from other organizations, only the service trade union Ver.di develops activities to organize new female migrants in the sector of prostitution, offering specialized counselling for prostitutes in some cities (Mitrovic 2004). Our interviewee from the trade union in the food sector NGG recounted a lack of access to the small businesses in which undocumented migrant men and women work and explained by this the nonpolicy of the trade union in this sector.

12 The respondents from counselling centres indicate legal status as the main problem concerning the migrant women who request help and support. Another problem is exploitation by employers in the domestic sector and by pimps in prostitution. The migrant women who frequent the counseling centers belong to the following categories: Migrant women with a legal status dependent on marriage when this marriage is about to be dissolved; Migrant women with a limited residence permit, such as students and au pairs, who would like to prolong their stay in Germany; Undocumented migrant women, such as household helpers, prostitutes and others. Counselling and supporting migrant women with resident permits dependent on marital status The women s organizations we interviewed reported having taken part in the struggles to repeal 19 of the Alien Law that coupled the legal status of the immigrating spouse to the continuance of the marriage for four years. The result of this mobilization was that the length of this dependency was reduced from four to two years. Today, a main demand of women s organizations is the entirely autonomous legal status for spouses. The argument is that the dependency of the legal status of migrant women on the maintenance of their marriage might force them to remain in a relationship despite experiences of violent situations, so as not to jeopardize their legal status. Migrant women who do not have an autonomous residence permit are at risk if their marriage dissolves. All respondents from the counselling centres, as well as the representative from the women s shelter emphasized that there are cases of marital conflict, in which the knowledge of the dependency of the legal status of the wife on the maintenance of the marriage has been used against her by her husband. There have been cases in which men informed the Alien Office that a separation has taken place and the wife is no longer entitled to reside in Germany. Utilizing this dependency in the framework of the marital conflict, the husband would try to obtain the expulsion of his wife as an easy way to get rid of her with the help of the authorities. The representative of the Association Women in Need running the Women s Shelter said: Husbands are well aware of the legal dependency of their wives residence permits on the maintenance of their marriage. They may well understand this better than their wives. It is often used as a means of pressure and power in the partnership. If you don t do this, you will lose your residence permit..another point is that, socially and with respect to knowledge of the German language, these women are in an inferior position. In cases in which the conflict leads to violence between the spouses, the women may turn to a women s shelter to avoid exposing her children and herself to further violence. In such cases, the woman might be particularly vulnerable, as she may be risking loss of her residence permit and with it any claim on social benefits. If the legal status of the woman is at risk, the shelter will try to achieve a regularization of her stay. This is easier if the victim can prove a specific situation of hardship, for instance that she has already lived in Germany at least for one year and can provide evidence of violent behaviour on the part of her husband. In cases where a regularization of the stay is not possible, the shelter cannot offer the woman protection; the woman will have to leave the country. It is a fundamental principle that if a woman wants to receive social benefits in a broad sense, she needs a legal residence status. with respect to the women s shelter, this means that each woman who wants to be put up here needs a legal residence status. The question of legality is highly relevant for a women s shelter to be reimbursed the costs incurred during the stay of a woman in the shelter via social benefits. In those cases where residence status is lacking, the authorities will not cover the costs, as the woman is not eligible for social benefits. In order to understand the role of legality for being accepted in the women s shelter we have to consider the height of the costs that arise in relation to the stay of a woman in the shelter. According to our interviewee, women tend to stay an average of 50 days in a shelter until a solution for their future life can been found, and intensive counseling is also needed for a period of time, in some cases up to two years. The costs arising under these conditions are very high and are usually taken over by the welfare

13 authorities. In this way, the accountability of the costs becomes a central point in deciding whether a migrant woman will be accepted by the shelter or not. From the accountability of the costs emerge economic constraints that limit the realization of the organizational goals which are to protect women in need. The accountability of the costs thus becomes the condition that shapes the limits of the implementation of the bottom-up policy. Counselling undocumented migrant women and migrant women with limited residence permits Both undocumented migrant women and those with a limited residence permit without prospects of extension address the counselling centres asking for advice and guidance for achieving regularisation of their legal status. The women with a limited residence permit, related for instance to an au pair residence permit or students residence permit, or even residence permit for three years for the work in a household with a person in need of care are confronted with the problem of the prolongation of the legal stay. There is a considerable difference in the positions held by the state and non-governmental institutions towards counselling undocumented immigrants. The officer in the Office for Multicultural Affairs charged with legal guidance for migrants is decisive: as a member of the public administration he cannot advise undocumented migrants; if an undocumented migrant comes to his office, he is instead obliged to inform the Alien Office and the police about this person. With the non-governmental organizations, it is quite different. The official target group of the Youth Migration Service of the Caritas does not include undocumented and short term migrants. The social worker from the Caritas office stresses that the official target group of the Youth Migration Service of the Caritas is defined as migrants with long term perspectives in the country. The undocumented and migrants with a strictly limited residence permit, as those in the domestic sector or agriculture, are not included in the target group. However, the social workers in the Caritas counselling centre do give advice to undocumented and short-term migrants who ask for it, although they are not a statutory fixed target group. The social workers are in the position to decide whether they will advise the undocumented or short term migrants or not and, according to the account of our interviewees they decide to offer advice to these groups. This decision is enabled through the specific structures of the organization; there is no control through the institution that would force the social workers to reject the ineligible migrants who ask for assistance. We are not allowed to work with persons who are here for a year and should clearly be leaving after the year expires, we shouldn t. but fortunately we don t need to see this narrowly.of course illegal migrants are not included in the target group, which would explicitly allow us to work with them. but we are not forced to reject them. On the other hand, the women s counselling centres are explicitly open to the undocumented migrant women. AGISRA has explicitly included undocumented migrant women in its target group. The motto of the organization is Human rights for all migrant women independent of their ethnic origin and their legal status. However, working with the undocumented migrant women is extremely stressful work because of the narrow limits that the legislation gives for supporting them. On the one hand, our interviewee stresses that there are risks involved with supporting undocumented migrant women, as this can be interpreted as promoting illegal immigration. Giving advice to undocumented migrants is criminalized as supporting illegal immigration. The Alien Office has already reported AGISRA to the police for supporting illegal immigration because of the support granted to a young, undocumented migrant woman. It took two years of investigations for the Department for Public Prosecution to decide against pressing charges. On the other hand, although the narration of the counsellors imparts the impression that counsellors are dedicated and active people who are willing to support migrant women in need, analysing the narrations with regard to the efficiency of their activities it becomes obvious that in many cases it is a pure coincidence when undocumented migrant women do receive support from a counselling centre, as most undocumented migrant women are not informed about the existence of such advisory centres and moreover, such a centre is not always close at hand. Most precarious is the situation of undocumented migrant women in prostitution who address counseling

14 centers and subsequently the work with them is most complicated. A major problem is not only the regularization of their legal status but the liberation from a violent environment. In many cases, the women want to report a pimp or other persons to the police, and the counseling organizations support them here. At the same time, being undocumented they are confronted with the fact that they will have to leave the country if they contact the police. It is almost impossible to achieve a normalization of residence for these women in Germany if they are not EU citizens, the counsellor from the AGISRA center explains. It becomes clear that the counsellors are confronted with an extremely precarious, rather hopeless situation in dealing with undocumented migrant prostitutes which, in turn, makes them aware of how extremely helpless they are, despite the willingness to help. On the one hand, there is no way to help a migrant prostitute get out of a violent relationship unless the offender is reported. On the other hand, if she reports the offender, with some certainty she will have to leave the country at the latest when the court process is completed, as she will receive a permit of stay only for the purpose of testifying in court against the traffickers and only for the duration of the trial. In view of this, we cannot help the woman in any regard unless she is prepared to notify the police of the activities of the pimp or the men harassing her. Only after this can we provide her with legal advice and other support. Unfortunately, if she wants to remain in Germany after the process is completed and she does not have EU citizenship or a legal residence permit, we cannot help her further. Domestic workers, documented or not are another important group frequenting the counseling centers. The counsellors convey the impression of the monadisation of the domestic workers. They are very hidden, very isolated, and they come alone, explains the counsellor from the AGISRA center. The problems they report of are hard working conditions, isolation, and the irregular legal status. The counseling centers can do little for persons living under illegal conditions. However, the officer from the counseling center FIM reports the strategy employed in cases of over-exploitation and inhuman working conditions: the counseling centre tries to intervene in favor of the woman; this intervention would let the employer know that someone else, a third party is informed of the situation that the migrant woman is subjected to and can intercede should the need arise. This action functions to break down the monadisation of the domestic helpers, and it helps to set up a limit to the arbitrariness of the employer and to reduce the fear of the domestic helper that she is alone and nobody would take notice if something happened to her. However, the counselor from the FIM center reports that not all domestic helpers address the centers with the experience of exploitation and bad treatment from the part of their employers. In some cases, employers are also interested in the legalization of their domestic helper and contact the center to consult on this issue. Several of our interviewees refer to existing paths to the legalization of an undocumented migrant woman: the marriage to a German man or - in the case of pregnancy - the acknowledgment of the fatherhood by a German man. However, problems arise in cases in which the (German) father does not acknowledge fatherhood and the court process to verify fatherhood takes a long time. In this case the woman has to leave the country and wait until the court decision concerning the fatherhood makes her legal return possible. 4. Policy negotiation on combating trafficking Policy combating trafficking is one of the officially most supported and most dynamic fields of policy for new female migrants. Very active in this field are women s associations that struggle for the rights of migrant women. In 1997, 35 women s organizations running specialized advisory services for victims of trafficking set up a nationwide Federal Workgroup against Trafficking in Women and Violence against Women in Migration Processes (KOK). The Federal Ministry for Family Affairs,