‘Mensen worden minder vreemd als het “onze” vreemdelingen worden’
‘Mensen worden minder vreemd als het “onze” vreemdelingen worden’

"People become less strange when they become “our” strangers"

Asylum seekers between a rock and a hard place and without residence papers don’t have the wind on their side. But when asked, Professor of the Sociology of Law Ashley Terlouw wishes to shed a few points of light in the dark days leading up to Christmas. "Fortunately, many municipalities are willing to implement the Dispersal Act."

Those looking for hope in an interview with Ashley Terlouw should set national politics to one side. “A rotten Cabinet”, she says, especially for the vulnerable groups in the country who are seeking asylum or whose requests have been denied and who are expected to leave the country. These so-called ‘undocumented migrants’ are close to her heart, not only as Professor and department chair of the Sociology of Law and Migration Law section, but also as chair of the Standing Committee of Experts on International Immigration, Refugee and Criminal Law, also known as the Meijers Committee.

Regarding the extent to which refugees are welcomed, a trade-off is inevitable, Terlouw realises. “The world belongs to all” assumes open arms for every global citizen, but the capacity of this country’s extensive social services has its limits. “It would be naive not to consider this, which does not alter the fact that I advocate a much more generous welcome for people fleeing their countries in search of freedom or safety.”

Ashley Terlouw

Human dignity

One can find more than enough ammunition for generosity in the legal bases; the Professor points to the EU Court of Justice ruling in September: “It argues that it is contrary to human dignity to neglect people; you must not let anyone fall below a subsistence level, you must save everyone from far-reaching material deprivation.” Support can also be found closer to home. “Article 1 of our Constitution states that everyone in the territory of the Netherlands has the right to equal treatment.”

For a government that wishes to send undocumented migrants to their countries of origin, there is no room for the National Immigration Facilities (Landelijke Vreemdelingen Voorziening, LVV), better known as the bed-bath-bread scheme, the last protection for vulnerable undocumented migrants. Terlouw is pleased to note that most large cities with an LVV are sticking to this scheme, which is thus in line with the aforementioned ECJ ruling. “Everyone is entitled to a roof above their heads”, says Terlouw.

Proximity responsibility

Terlouw also sees the progress of the Asylum Reception Facilities in Municipalities (Enablement) Act, also known as the Dispersal Act, as a bright spot. The small-scale reception of refugees in municipalities is especially important because it leads to mutual integration. It puts people in touch with each other. “We know we feel most connected to people who are nearby. At some point, they become ‘our strangers’, and

are therefore no longer strange. They belong with us, they are members of our sports clubs and their children become friends with our own.” This leads to a sense of 'proximity responsibility', Terlouw explains, which even works among people who initially fought tooth and nail against the arrival of refugees in their communities.

Another bright spot in Terlouw’s view is the current acute labour shortage. “In Spain, we can see that doors are being opened much further for this reason. We are inevitably heading in that direction too. Even Minister Faber, the anti-migration minister par excellence, has spoken favourably about employment for asylum seekers, as it promotes their integration.”

'Chat with a stranger'

Terlouw has been studying law all her working life and has held various positions in legal institutions. She has always had faith in the power of law as an indestructible pillar of our democracy. But even Terlouw’s faith has become shaky. In too many democracies, this pillar is starting to rot; she points to Hungary and especially the US, among other countries. “The fact that Trump is an idiot isn’t the worst part. What’s really worrying is that so many people voted for him.”

The law is made by us and it can also be rescinded, Terlouw observes. “Ultimately, the voters are the ones who decide which way the law will go.” If we all started voting for racists, Terlouw argues, even the rule of law would no longer be safe.” Her Christmas message is therefore to seek proximity to one another. “Have a chat with a stranger and you will discover that at the core, we are similar and have the same wants and needs. When you get close to people, you start to feel responsibility and you may even start to love them.”

Winter special 'Hope in dark days'

In December, Radboud Recharge publishes a series of stories for hope in dark days. With tips and insights, the series outlines new perspectives on the sometimes constraining Christmas traditions, makes room for hopeful research and shines a scientific light on gloomy tidings in the news.

Check the winter special 

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Faculty of Law
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Current affairs, Society, Winter Special