Political leader Geert Wilders of the Dutch center right party PVV defending his plans during a radio interview in Enschede, The Netherlands on September 5, 2012.  Photo: Robert Hoetink.

How and why do we need preventive justice?

The saying often goes that history repeats itself. However, this is not entirely accurate. It’s people who repeat history. Not necessarily because they fail to learn from it, but rather because they refuse to learn history’s important lessons. And if too many people fail to learn from past mistakes, it will only have negative consequences for society. That is why we, as an intelligent species, need to be able to spread awareness about conduits of racism and hatred across Europe. But how can this be achieved? Through learning more about the theory and practice of preventive justice, there are several things a country can do.

By Maureen van der Kris*

Only a few years ago, during the refugee crisis of the 2010s, it looked a lot like Muslims were the Jews of the twenty-first century. Islamophobia reached new highs due to terrorist attacks from ISIS, which also sparked hate crimes against innocent Muslims fleeing from ISIS (vander Taelen, 2016), as well as inciting hostility and tensions towards Muslims living around the world. Then COVID hit, and hate crimes seemed to be redirected at the East Asian community (Aziz, 2020). In 2023, the new generation is witnessing what their predecessors before them had lived through: blatant antisemitism is retaking the spotlight (Simsek, 2022).

The saying often goes that history repeats itself. However, this is not entirely accurate. It’s people who repeat history. Not necessarily because they fail to learn from it, but rather because they refuse to learn history’s important lessons. And if too many people fail to learn from past mistakes, it will only have negative consequences for society. That is why we, as an intelligent species, need to be able to spread awareness about conduits of racism and hatred across Europe. But how can this be achieved? 

Through learning more about the theory and practice of preventive justice, there are several things a country can do. Measures of preventive justice are imperative to make sure populism cannot gain momentum and take over the political and legal structures across Europe as it did in the 1940s. This essay will explain how preventive justice can help us establish a risk-averse society and what these terms mean.

What is preventive justice and how does it work?

In most cases, preventive justice is simply a concept. It entails calculating the risks of harm, before any harm has occurred and taking measures against the would-be perpetrators (Ashworth et al., 2013). It establishes a system that can make people accountable, and thus prevent potential corruption and any other crime that can violate democratic values. Elements of preventive justice exist within criminal law. Many modern criminal law systems are centered around judging and punishing criminal acts and incorporate some preventive measures. For instance, for certain crimes, a crime attempt would be as illegal as committing a crime. These crimes vary across Europe, but the consensus is if the nature of the crime is severe, even an attempt will be punished more severely compared with other criminal attempts (Kelk & de Jong, 2019). 

The criminalization of an attempt to commit certain crimes can be considered a function of preventive justice. This simplified version explains how preventive justice works in the criminal law system, but how does it help a democratic society? It is argued here that it can help in many ways -but these need to incorporate the political and criminal justice system to produce practical solutions. One of these problems is the supposedly thin line between freedom of speech and discrimination.

Pulling the reins on democracy

The line between freedom of speech and discrimination is not very thin at all. For far-right populists, the line doesn’t exist at all, and they promote that their discriminatory ideas can only be seen as freedom of speech. This freedom of speech, they argue, has to be protected at all costs (Pennacchia, 2020). The hypocrisy of that statement will not be discussed here, but it is relevant to note the way it has led to cases of domestic terrorism. In France, for example, a Kurdish community center in Paris was attacked by an active shooter just before Christmas. It was reported that this incident was resulted in three civilian deaths, and the attacker had formerly been charged with a hate crime in the previous year (NPR, 2022). It seems that he felt safe enough to repeat his actions in the current political climate of France and is an example of the danger and progression of hate speech cloaked as ‘free’ speech. 

These incidents could have largely been prevented by limiting what constitutes as freedom of speech. One may claim that this is the opposite of preserving a democratic society. Still, history has proven time and time again that having no limits on certain democratic principles will result in populists using those exact principles for their benefit and to undemocratic ends, as seen in the case of the rise of Hitler. Due to the lack of limitations on unacceptable speech, Hitler had the freedom to use his hatred for Jewish people as a campaign point (Wilde, 2020). 

Although hate speech and hate crimes were regulated more strictly after WWII (i.e. by Germany banning the Nazi flag), there are still discussions about the line between freedom of speech and discrimination. Technically, the criminalization of specific insults is a good start. However, the burden of defining what counts as a discriminatory remark, an insult, falls on the judges. Judges could be very strict when handling lawsuits, as they have been during the Wilders trial in the Netherlands. The Wilders trial concerned a statement made by Dutch far-right politician Geert Wilders during a rally in the 2010s. Wilders asked his supporters if they wanted “more or fewer Moroccans” in the country, to which they responded by cheering “less, less, less!” The Moroccan community, in response, sued Wilders for his discriminatory remarks and racist mobilization. The Dutch supreme court responded by charging Wilders with spreading hate. However, the court also stipulated that hate speech had no associated intent to act (Wilders v. Plaintiffs, 2009).

The result of the hearing disillusioned some people in the Moroccan community, as Wilders’ specific statements were not considered when judging the case. Some contended that Wilders’ party should have been abolished after that statement. Ethically, one can request a more severe punishment after such incidences of racism. Legally speaking, it is much more complicated.

Preventive justice in the courtroom

In most Western countries, judges can only punish a suspect according to the material principle of legality. In many EU countries, this has been defined as the Nulla poena sine lege principle, or “no punishment without law.” It means a political party cannot be declared illegal and abolished for maintaining an ideology harmful to a democratic society without legal codes. It also means that a judge cannot declare that a statement constitutes an illegal insult when the verdict is riddled with violations of aspects of the legality principle. One of these aspects is prohibiting an overly extensive interpretation by a judge. For example, if the suspect has discursively targeted a person of color, this can be interpreted as an illegal insult under ideal circumstances, but the suspect cannot be charged with a hate crime. This would be different if the suspect used a racial slur to insult the person of color (de Hullu, 2021).

Laws that prevent hate crimes and the strict interpretation of these laws in accordance with the legality principle can work very well. But there are also cases in which laws have an adverse effect stemming from discriminatory policies, which should be illegal. Take the Dutch surcharge, for example. This so-called libertarian policy is aimed to combat fraud committed by people not legally entitled to childcare allowance. However, the policy culminated in a nationwide scandal. It used a self-learning algorithm to identify fraud and, in the meantime, asked inspectors to have much stricter and limiting judgement on childcare allowance specifically for individuals with a foreign last name. Following the outrage, the Dutch government resigned in 2021. However, from 2018 onwards, people have been suffering due to the racist nature of the Dutch surcharge policy (NOS, 2020).

The law does not exist in a vacuum. Democratic practices and a working legal system depend on society, political accountability, and social support. Here I want to add to my discussion the kinds of social context that can help create a safe space for all and a flourishing civil society. 

Living in a ‘risk-averse society’

According to German sociologist Ulrich Beck, a risk-averse society can be described as a society in which legal systems actively try to prevent the risk of certain crimes being committed (Beck, 2003). So, a risk-averse society supports the ideals of preventive justice. Preventive justice can establish the socio-legal infrastructure of a risk-averse society and vice-versa. Some speculate that preventive justice can establish foundations for a risk-averse society. Yet a risk-averse society might undermine democratic values (Barone, 2022). 

This would only be true if preventive justice is rooted in unrealistic fears and undemocratic practices. Like the two faces of the Janus or a fire that can both cook or burn, the concepts and ideals of preventive justice or risk-averse society can yield either positive or negative results depending on if they are in the hands of well-intentioned or selfish people. The dilemma of what counts as liberty, if it has limits, if so, how to develop policies that protect freedoms without violating principles of democracy remains a big question, which motivates us to do more theoretical and practical discussions about how to establish a safe space to realize the ideals of preventive justice and a risk-averse society. 

Conclusion

In an age where war crimes and injustice make us question the degree to which our civilization has actually evolved, the question is not whether we want to be risk-averse; we do not have a choice. This is strikingly clear when we acknowledge that nuclear power has become a staple of everyday discussions in newspapers, making us believe the doomsday is coming. The choice that falls upon us all is between whether we want to live in a society where the freedom to say whatever we want risks supporting the rise of far-right populism and encouraging hate and even violence. To keep our democracies afloat, we must invest in forming risk-averse spaces and use preventive justice to our advantage. Only then can we fight populism effectively on a more significant level and prevent the atrocities from history being repeated.


 

(*) Maureen van der Kris is studying Law at Utrecht University (UU) in the Netherlands. She is in the second year of her bachelor’s degree and at the very start of her legal career. Before joining ECPS, she wrote articles for the members’ magazine of Ad Informandum, the student association for criminal law at UU. Her main interests are women’s rights and preventive justice, while her favorite university subjects are international- and criminal law. As she has been personally confronted with various criminal offences during her childhood. Her goal is to become a criminal judge. She aspires to work at the Dutch supreme court or the ICC one day. 


 

References

— (2020).  “Commissie: Ongekend Onrecht in Toeslagenaffaire, Beginselen Rechtsstaat Geschonden.” NOS. December 17, 2020. https://nos.nl/collectie/13855/artikel/2361021-commissie-ongekend-onrecht-in-toeslagenaffaire-beginselen-rechtsstaat-geschonden (accessed on January 29, 2023).

— (2022). “Kurdish People Protested in Paris After Three Were Killed in A ‘Racist’ Shooting.” NPR. December 25, 2022. https://www.npr.org/2022/12/25/1145467662/kurdish-people-protested-in-paris-after-three-were-killed-in-a-racist-shooting (accessed on January 29, 2023).

Ashworth, Andrew; Lee, Ambrose & Zedner, Lucia. (2013, July). “Preventive Justice Project.” Oxford law. https://www.law.ox.ac.uk/preventive-justice-project#:~:text=’%20In%20its%20many%20guises%20preventive,lest%20they%20should%20do%20harm (accessed on January 29, 2023).

Aziz, Sahar. (2020). “Anti-Asian Racism Must Be Stopped Before It Is Normalised.” Al Jazeera. April 12, 2020. https://www.aljazeera.com/indepth/opinion/anti-asian-racism-stopped-normalised/ (accessed January 29, 2023).

Barone, Michael. (2022). “The Democratic Party’s Risk Aversion Is Harming Us All.” American Enterprise InstituteOctober 13, 2022. https://www.aei.org/op-eds/the-democratic-partys-risk-aversion-is-harming-us-all/ (accessed on January 29, 2023).

Beck, Ulrich. (2003). Risikogesellschaft. Suhrkamp Publishers.

Beck, Ulrich. (2003). Risikogesellschaft. 17.” Auflage München.

de Hullu, Jaap. (2021). Materieel Strafrecht. Over Algemene Leerstukken Van Strafrechtelijke Aansprakelijkheid Naar Nederlands Recht. Deventer: Kluwer Publishers.

Kelk, Constantijn & de Jong, Ferry. (2019). Studieboek Materieel Strafrecht. Deventer: Kluwer Publishers.

Pennacchia, Robyn. (2020). “Right-Wingers Hate New ‘Free Speech’ Platform Parler, You Can’t Even Own The Libs There.” Wonkette. July 6, 2020. https://www.wonkette.com/right-wingers-hate-their-new-free-speech-social-media-site-miss-trolling-us-already (accessed on January 29, 2023).

Simsek, Ayhan. (2022). “Germany’s Jewish Community Fears Rise in Antisemitic Attacks in Winter.” Anadolu Agency. November 8, 2022. https://www.aa.com.tr/en/europe/germany-s-jewish-community-fears-rise-in-antisemitic-attacks-in-winter/2732965 (accessed on January 29, 2023).

vander Taelen, Luckas. (2016). De grote verwarring: Hoe moeten we reageren op het islamitisch fundamentalisme? Antwerp: Houtkiet Publishers.

Wilde, Robert. (2020). “Hitler’s Rise to Power: A Timeline.” Thoughtco. August 27, 2020. https://www.thoughtco.com/hitlers-rise-to-power-timeline-1221353 (accessed on January 29, 2023).

Wilders v. Plaintiffs. [2009] GHAMS K08/0309, K08/0374, K08/0277, K08/0444, K08/0310, K08/0328, K08/0329, K08/0330 & K08/0353https://uitspraken.rechtspraak.nl/#!/details?id=ECLI:NL:GHAMS:2009:BH0496 (accessed on January 29, 2023).

SummSchool1

ECPS Academy – Summer School 2022: “Populism in Europe: Surveying the Populist Moment” by Dr Paul Taggart

The lecture covers the nature of populism in contemporary Europe and put this into context with an overview of the study of populism in Europe in the past thirty years, and with a definition of populism and with consideration of the diversity of populist parties currently in Europe. The lecture ends by setting up a discussion of the causes of populism.

SummerSchool3

ECPS Academy – Summer School 2022: “Populism and Gender: Gender Identity in Populist Discourse” by Dr Haley McEwen

This session examines the emergence of ‘anti-gender’, or ‘pro-family’ ideology and transnational countermovement building against sexuality and gender related rights. It traces the historical emergence of the so-called ‘pro-family’ movement, and show how key concepts and ideologies informing this movement are informed by white supremacist and heteropatriarchal geo-political interests. The lecture focuses specifically on ‘anti-gender’/‘pro-family’ activities in African contexts, but will also highlight some of the movements activities at global scales. The lecture considers the following questions in its interrogation of the intersections of race, gender, sexuality and geo-politics within ‘pro-family’ discourse and ideology: What geo-political interests are at stake within anti-gender/pro-family discourses of ‘gender’ and ‘family’? What does anti-gender/pro-family discourse and ideology reveal about the intersections of white supremacy and heteropatriarchy? How does the ‘pro-family’/‘anti-gender’ movement relate to other right wing populist movements?

SummerSchool4

ECPS Academy – Summer School 2022: “The Populist Hype and the Mainstreaming of the Far-Right” by Dr Aurelien Mondon

This lecture provides an overview of critical approaches to populism studies. In particular, it focuses on concepts such as anti-populism and populist hype and how the uses and misuses of the concept of populism can impact on the democratic process. To illustrate this impact, the lecture also focuses primarily on the far right and the role populist hype has played in its mainstreaming.

SS5

ECPS Academy – Summer School 2022: “Populism and Economic Performance: Implications on Institutions and Good Governance” by Dr Ibrahim Ozturk

This short seminar aims to introduce the concept of populism in economics in terms of its causes (i.e., globalization, income inequality, financial crisis), its mechanism of execution in economics by the populists (i.e., macroeconomics and institutions of populism), and its consequences.  The economic argument for populism is straightforward: poor economic performance feeds dissatisfaction with the status quo. It fosters support for populist alternatives when that poor performance occurs on the watch of mainstream parties. Rising inequality augments the ranks of the left behind, fanning dissatisfaction with economic management. Declining social mobility and a dearth of alternatives reinforce the sense of hopelessness and exclusion.  However, unlike the argument they use when they are in opposition, in power, by denying and undermining professional and autonomous institutions, discrediting science and scientific knowledge, and rejecting resource constraints in economics, populists would give even more harm to the people they promised to help.

SS7

ECPS Academy – Summer School 2022: “Russia’s populist discourse and its Invasion of Ukraine: Challenges for the EU” by Dr Neil Robinson

This lecture examines how populism developed from within the Russian political system under Vladimir Putin. Official populism was a response to perceived threats to the Putin regime after the 2008 economic crisis. It developed as a means of redefining legitimate political agency during the 2012 presidential election and informed the development of the Russian political system after 2012. This official populism was used to create regime supporting ideological tropes, by ‘othering’ the West and liberalism in particular. It was not, however, a means of developing an agenda for economic development. The success of official populism was therefore largely temporary in terms of social mobilization, except for a period around the annexation of Crimea in 2014. Although its political efficacy was not as total as the regime hoped Russia’s populist discourse did create discursive ‘traps’ that impelled Russia towards war against Ukraine. We will discuss these and how they will complicate relations between Russia and the West for the foreseeable future no matter what the resolution of Putin’s war in Ukraine.

SummerSchool10

ECPS Academy – Summer School 2022: “Far Right Populism in Europe: Takeaways From the French Presidential Elections” by Dr Gilles Ivaldi

This lecture looks at far right populist politics in the French presidential and legislative elections in 2022. It discusses the complexification of the far right in France, with the emergence of Eric Zemmour alongside Marine Le Pen’s established National Rally, and looks at the cultural, economic and political factors behind the rise of the far right. Finally, the lecture discusses the implications of the recent wave of RN’s MPs in the National Assembly which provides the far right with new opportunities for further institutionalization within the French political system.

SummerSchool8

ECPS Academy – Summer School 2022: “Populism & the Rule of Law” by Dr Bojan Bugaric

Populism is Janus-faced. There is not a single form of populism but rather a variety of different forms, each with profoundly different political consequences. Despite the current hegemony of authoritarian populism, a much different sort of populism is also possible: democratic and anti-establishment populism, which combines elements of liberal and democratic convictions. When we examine the relationship between populism and constitutional democracy, populism should not be considered in isolation from its host ideology. Examples of democratic, liberal, socially inclusive forms of populism quite clearly show that authoritarianism and anti-pluralism are not necessarily the key elements of populism. However, the paucity of democratic populism also suggests that we have to look at factors other than ideology to understand why nativist and authoritarian populism currently dominates the political scene. Without understanding the political economy of the populist revolt, it is difficult to understand the true roots of populism and, consequently, to devise an appropriate democratic alternative to authoritarian populism. The ascendancy of right-wing nationalist populism today is a symptom of the failure of progressive politics.

ECPS has inaugurated a Case Competition Series in Populism Studies and held its first competition on March 7, 2023, in Brussels with the participation of ECPS Early Career Researchers Network and ECPS Youth Group members. Photo: Umit Vurel.

ECPS launches a ‘Case Competition Series’ for early career researchers

ECPS has inaugurated a Case Competition Series in Populism Studies and held its first competition on March 7, 2023, in Brussels with the participation of ECPS Early Career Researchers Network (ECRN) and ECPS Youth Group members to provide a unique learning experience for students and young professionals and support them in learning how to transform their academic knowledge into feasible policy suggestions.

ECPS has inaugurated a Case Competition Series in Populism Studies and held its first competition on March 7, 2023, in Brussels with the participation of ECRN (ECPS Early Career Researchers Network) and ECPS Youth members. The competition focused on a pressing issue in contemporary democracies: The rise of far-right movements in Europe, disinformation, and conspiracy theories. In order to narrow our focus, we chose to situate our case in Germany, a key player in Europe’s political and economic landscape, and we expected participants to pay special attention to Russia’s role in this context. Please consult this document for detailed information. 

Photos: Umit Vural.

While case competitions are widely used and popular in consulting, finance, and risk management, we firmly believe they can also be effective tools for putting theory into practice in the fields of political science and international relations. Thus, ECPS has decided to launch the ECPS Case Competition Series, which focuses on different topics in the framework of Populism Studies. Our research has highlighted the numerous potential benefits of designing and hosting a case competition in this field, and we are confident that this series will be a valuable experience for all involved, which has been the case for the event on the 7th of March. 

Case competitions are a type of event in which teams of students or professionals compete against each other to develop and pitch solutions to a business, public administration or a political and/or international relations problem. Teams are given a limited amount of time to research, analyze, develop, and pitch their solutions.

Case competitions are based on contemporary and relevant real-world problems that challenge participants to analyze complex issues and craft innovative solutions. Participants are divided into teams to work together on solving the case, allowing them to enhance their teamwork skills. The proposals of the participants are evaluated based on criteria such as creativity, feasibility, and presentation by a panel of scholars and experts in the field.

Our main goal in carrying out a case competition in the field of political science/populism studies and international relations is to provide a platform for students and professionals to showcase their analytical and problem-solving skills while addressing real-world issues that are relevant to the field. The competition forces participants to think critically and creatively as they research and develop solutions to a complex political or international relations problem. It serves as a valuable learning experience for participants, helping them develop critical skills in high demand in today’s fast-paced and ever-changing political and international landscape. 

By contributing to the competition, participants gain a deeper understanding of the complexities of global and European politics and international relations. They will be better prepared for their future careers. Participants are able to apply their knowledge and skills in a competitive setting and are evaluated by a panel of experts in the field. The panel of experts that assessed the case presentation on March 7, 2023, was formed by the scholars who contributed to the ECPS report on “The Impacts of the Russian invasion of Ukraine on Right-wing Populism in Europe.”

Overall, our goal in launching this case competition series is to provide a unique and valuable learning experience for students and young professionals and support them in learning how to transform their academic knowledge into feasible policy suggestions.

 

 

 

The refugees migrate to Europe. Photo: Shutterstock.

Climate, conflict, and migration: Europe’s next frontier of populism

The far-right populists are able to predicate on the securitisation of refugees in high welfare economies. Should welfare economies become overwhelmed by refugees displaced by the climate crisis, it is likely that the far right could become even more potent in Europe. To prevent a populist backlash against refugees fleeing the effects of climate change, a number of policy changes must be made immediately.

By Jake Moran*

It is not so long ago that we began to witness the reincarnations of far-right, anti-immigrant populist movements in Europe. UKIP and the BNP in Britain, Front Nationale in France, Brothers of Italy, and the Sweden Democrats drawn support from across the political spectrum and became electorally successful. Their alarming tone about rising levels of inward migration seemed to appeal to voters. The political successes in the Italian and Swedish elections this year are particularly poignant because they demonstrate that, seven years after the peak of the refugee crisis, refugees in Europe remains a significant issue for voters. 

This article extends the discussion of my previous piece on climate related migration and the rise of the populist far right. Here I will discuss how the climate crisis could displace vulnerable populations and force them to migrate to Europe. I argue here that the success of far-right, anti-immigrant populist parties in Europe today serves as a blueprint for what could occur in the next 50 years as climate-related migration potentially increases. After a short literature review, I will discuss how this could produce Europe’s next frontier of populism. I will end with policy recommendations aiming to prevent this dual catastrophe of humanitarian disaster and political crisis facing the continent.

Refugees and Far-Right Populism: A Brief Literature Review

The 2015 refugee crisis, which spurred a wave of far-right populist victories across Europe (Tomberg et al., 2021; Zimmermann, 2016; Vadlamannati et al., 2020), continues today. Many studies have examined how economic migration propelled populist reactions, but only a few have examined populist reaction to refugees specifically (Tomberg et al., 2020; Vadlamannati et al., 2017). This literature can guide our enquiry to establish whether rising refugee numbers can be linked to the growth in far-right populism, and therefore whether refugee populations displaced by climate change will increasingly incur far-right populism.

The literature broadly establishes a link between increased refugee intake and support for the far-right by examining data in specific countries at a macro level (see Dustmann et al., 2019; Dinas et al., 2019; Hangartner et al., 2019; Torres, 2022). For example, a study found a 1.2 percent point increase in the vote share for the far-right for every 1 percent increase in asylum seekers accepted by Germany. Crucially, they find that support for the far right grows in relation to refugee numbers despite high levels of employment nationally, signalling that their relationship is independent of economic factors (Tomberg et al., 2022). 

Scholars highlight the link between the increase in refugee numbers and far-right support in 27 industrial democracies between 1990-2014 (Vadlamannati et al., 2017). Accordingly, the concomitant rise in the numbers of refugees and far-right populism is dependent on ‘welfare chauvinism’ — the concern that refugees settling in a country of high welfare payments will receive a greater share of national resources than they are entitled to–. The concern about refugees getting paid by welfare state without proper work fuels a sense of grievance against the refugee population (Vadlamannati et al., 2017). 

Overall, there is a consensus in the literature that growing numbers of refugees accepted by a host country incur greater support for far-right populist parties. While the economic conditions of host countries do not appear to impact this trend (Tomberg et al., 2022), countries with large welfare states funded by high taxes form a key variable in inflating the popular grievance against refugees (Vadlamannati et al., 2017). 

On the other hand, the research highlighting the economic contributions of refugees to their adapted country can be read as a response aiming to lessen the social impact of potential far-right responses on the lives of refugees both in the countries of study and where the research is published (Betts et al., 2017). However, there is more to be done. Considering these discussions, we can argue that a surge in refugees displaced by climate change would incur a growth of support for far-right populist parties in Europe. 

Securitization of Refugees and the Discourse of Threat

Social conflict in response to climate refugees can emerge in many forms. The far-right could launch a populist backlash using disinformation campaigns that promote harmful and false narratives about refugees inflating concern to their electoral advantage (ISD, 2021). The more likely route for populists launching this backlash is the ‘securitization’ of refugees as a threat requiring an urgent political response.  

Securitization refers to the transformation of an issue into a threat against the collective from beyond normal or ordinary parameters of governance (Elander et al., 2022). ‘Securitizing’ an issue allows policy makers and other actors to issue emergency responses or employ extreme framing outside of policy norms to deal with such ‘threats’ (Elander et al., 2022). In the context of refugees, securitization has the potential to transform discourse around asylum seekers from that of a humanitarian issue into a discourse about a security ‘threat’ which society needs urgent protection from.

One particularly relevant example of the securitization of refugees in recent years can be found in how Sweden handled the 2015 refugee crisis. Sweden has one of the most generous welfare states in Europe. When the crisis began in 2014, the Swedish people were told to ‘open [their] hearts’ to refugees fleeing Syria and other countries afflicted by war (Elander et al., 2022). Yet in 2015, only a year later, this invitation was revoked, and refugee access was restricted following widespread concern that the enormous burden of integrating refugees was overwhelming Sweden’s welfare system (Elander et al., 2022). 

The above-mentioned dramatic U-turn in government policy clearly demonstrated how the issue of refugees can be rapidly framed as a threat thus, securitized. This change in the attitude and policy about migration illustrates how a welfare state that was known to be an inclusive society can change by seeking ways to limit the migration. Eventually, we witnessed a great success of the populist anti-migration Sweden Democrats in the elections of September 2022 to be second biggest party in Swedish politics and to have great influence over the conservative coalition government, despite it did not take part in the coalition. 

The rise of the Sweden Democrats (SD) was at the heart of the changes in policies and electoral preferences. The opposition to the then government’s ‘open hearts’ policy increased the electoral support for the SD. The Sweden Democrats launched their populist appeal by framing the large inbound refugee population as a threat. This framing resulted in cultural and ethnic differences and the Islamic faith perceived in a negative light. Moreover, the concerns around terrorism and crime were consequently attached to the refugee population (Elander et al., 2022). 

Presenting refugees as a threat to the Swedish people, the Sweden Democrats have made a meteoric rise. Unfortunately, SD is not the only party using securitization to gain political power. All far-right populist parties garnered electoral success through securitizing refugees in recent years in other parts of Europe (Tomberg et al., 2020).

The case of Sweden lends weight to the findings of the literature and precisely demonstrates the argument this article is making. Without sufficient management of refugee populations across Europe, most of the burden will be placed on a small number of countries. The literature finds that far-right populists are able to predicate on the securitization of refugees in high welfare economies. Should welfare economies become overwhelmed by refugees displaced by the climate crisis, it is likely that the far-right could become even more potent in Europe. Refugees from the MENA region are at particular risk of being securitized by far-right populist forces by the ‘othering’ of their ethnic and religious characteristics (Telford, 2018). This is due to underlying assumptions about these groups relating to terrorism and cultural differences from European societies (Telford, 2018). 

Policy Recommendations: Prevention, Management, and Improvement

To prevent a populist backlash against refugees fleeing the effects of climate change, several policy changes must be made immediately. I divide these recommendations into prevention, management, and improvement. We need to prevent displacement in the first instance. Failing this, we need mechanisms of protection for the vulnerable populations fleeing from their countries through policies to effectively manage refugee lives. Reducing economic inequality in ‘host’ countries is crucial to prevent populist forces gaining footholds to secure electoral gains. In other words, supporting the climate and refugees acts as a stress test on democracy in Europe.

Preventing displacement of these populations from their homelands should be our starting point. The obvious motive for doing so is that nobody becomes a refugee by choice. All refugees would rather keep their homes, their lives, their communities, and their futures, before dispensing with them out of fear. Protecting people from displacement is not simply a political priority for European democracies, but an essential humanitarian objective which we must all prioritize. However, such a global preventive step requires collaboration of international community. 

We see examples of global governance on climate and refugee crisis; however, they are not sufficiently effective. In line with the recommendations of the UNHCR, overseas aid and climate change relief funds should be targeted at the most vulnerable countries (UNHCR, 2021). This includes meeting the commitment to provide $100 billion annually to support mitigation measures, with at least 50 percent funneled towards adaptation strategies (UNHCR, 2021). For example, building dams in Pakistan, which was recently afflicted by enormous flooding, or building irrigation infrastructure in Syria to adapt their agricultural communities to drought, could prevent massive displacements of people in the future.

However, notwithstanding the efforts we apply to this objective, the reality is that climate change is already displacing populations, and will continue to do so (UNHCR, 2021). To avoid dangerous unregulated refugee migration, an appropriate framework of management must be developed between states and at an EU level. In this new age of the climate crisis, the EU has an important and historical role in developing preventive measures and better policies in global context. 

We need to work on the international governance of refugees at state and interstate level as well as regarding theoretical and policy aspects, to meet the challenge of managing the potential increase in the future climate refugee flows. To achieve this objective, we need a transformative and radical overhaul of international law. 

To develop effective international regulations, we must firstly address the central legal problem facing climate refugees: that the current UN Refugee Convention does not provide legal rights for people displaced by climate change (Acras, 2012). Thus far, the issue of governing climate refugees has been addressed with the creation of a Taskforce for Displacement (TFC) alongside the Paris Climate Agreement 2015 (Vanhalla & Calliari, 2022). Yet, there is debate about its powers and jurisdiction in relation to other UN agencies, and whether it is endorsed by the EU (Vanhalla & Calliari, 2022). 

Another aspect of such global governance might include working on the distribution of refugee flows more equitably to ensure that European countries (such as Greece, Italy, Germany, and Sweden) are less likely to become overwhelmed. Equitable management of refugee distribution would seek to minimize any populist backlash by reducing the risk of national resources being over exhausted. As the literature shows, this imperative is even greater in high welfare economies where the securitization of refugees is more likely.

Finally, there is significant evidence that economic inequality caused by globalization provides fertile electoral ground for the populist far-right. They exploit ‘touchstone issues’ like asylum and migration to pray on anxieties felt by the ‘left behind’ and ‘losers’ of globalization (Kriesi et al., 2012; Ford & Goodwin, 2014; Vadlamannati et al., 2017). Therefore, a strong recommendation for policy makers seeking to insure their democracies against populist gain, would be to improvethe economic conditions of voters. Pursuing redistributive tax policies and shielding industries from the negative effects of globalization would reduce the economic grievances felt by voters. Doing so would decrease the susceptibility of disaffected voters to populist forces relying on the securitization of refugees to expand their reach (Tomberg et al., 2021).

If followed, these policy recommendations have potential to minimize the suffering of refugee populations and protect European democracies from a new frontier of populism by passing its stress test on global governance of climate crisis.

Conclusions

The purpose of this essay has not been to throw refugees under the proverbial bus to avoid a pile up of populism further down the road. Rather, I have tried to highlight the impending risk of a dual catastrophe between humanitarian disaster and a new frontier of populism in Europe.

I accept that my predictions rely on certain assumptions about how individuals, states, and the international community respond to climate change. However, my analysis finds a strong, evidence-based link between climate change, migration, and support for the populist far-right. I further argued that this trend will outgrow the populist surge of 2015 onwards, as climate related migration to Europe will only rise with global temperatures (Moran, 2022).

Action to address the combined challenges I have raised in this article should begin immediately, with a level of response akin to what we have witness during the COVID-19 pandemic. Currently, the international community is aware of this tide approaching, but remains nowhere near the vicissitude of reaction necessary to impede its hastening approach.


(*) Jake Moran is a graduate of International Relations from the University of Leeds, specializing in populist studies and the politics of national identity, particularly around Brexit.


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