"Red Light! Green Light!" We all remember the game we played in the schoolyard. One kid is playing the "stoplight" and the other kids form a line about 15 feet from the stoplight. The stoplight faces away from the line of kids and says, "green light!" At this point, the kids are allowed to move towards the stoplight. At any point, the stoplight may say, "red light!" and turn around. If any of the kids are caught moving after this has occurred, they are out.

In Belgium, this game is known as "Un, deux, trois, piano!" Same game, same rules. As the leader shouts, "One, two, three," the other kids can move forward. When they hear the leader shout "Piano!" they must stand still and cannot move anymore.

The House of the Representatives considered on November 23 a bill that aims to make the will to integrate a new requirement for residency in the country. This bill is a little similar to this children's game. Why don’t we call it "1, 2, 3, Integrate Yourself!"?

No choice but to play the 'game'

What does this law include? Newcomers have to sign a so-called Integration Declaration, under which they certify that they understand the values and fundamental rules of Belgian society, and that they will comply with them.

To some extent, this declaration establishes the rules of this game, in which the Belgian state would play the "spotlight" and the newcomers would play those who do their best to move forward.

But a migrant has no choice but to play this game: he or she must sign the declaration, otherwise he or she will not be able to obtain a residence permit. In March of this year, the state secretary for migration and asylum posted about this declaration project on Twitter.

Aside from the debate on the legitimacy of such a declaration, its content is quite disturbing. Migrants are stigmatized, especially when it comes to terrorism and gender equality.

It is as though there was an assumption that migrants could be cheaters, even before they start playing the "game." The preparatory work for the law states that this declaration "constitutes first and foremost a welcome message for any foreigner." There is reason to be confused.

It is also necessary to note that the Legislation Division of the Council of State (which, in some sense, acts as the arbiter) stated that the federal government couldn’t be the only one determining the content of the Declaration, as the federated entities are the ones responsible for the reception and integration of migrants.

In other words, both the state and federal entities should work together on the preparation of the declaration. Considering how different the political tendencies can be between the north and the south of the country, this will not be an easy task.

Integrate or leave!

But there is more! The bill states that integration is now a new requirement for residency. What could it mean? It means that not only must migrants sign the declaration, by they also have to make "reasonable integration efforts" in order to have the right of residence in Belgium.

"1, 2, 3… 4, 5, Integrate yourself!": during the first five years of residence, there is a risk that the Aliens office could consider at any time that the newcomer did not make sufficient efforts to integrate and withdraw his or her residence permit (or decide not to renew it). In this game, it is not a question of "not moving"; it is about being integrated.

The law includes several criteria in order to verify integration efforts. However, the margin of appreciation of the Aliens Office is wide and there is a risk that any behavior that is not “appreciated” by the administration will lead to a withdrawal of the residence permit.

For example, we know how difficult it is for newcomers to find a job because of discrimination against them on the labor market. Will the administration consider that they have not made sufficient efforts to get a job? It looks like the story of the snake that is biting its own tail: not only are migrants denied employment, but they are also likely to be blamed for not integrating themselves.

A dangerous game?

One could fear that this new integration criterion is actually a new "catch-all" requirement for residence: any individual who would not "fit the mold" could be asked to return to his or her homeland. If that is the case, this would hardly be compatible with European laws. If Belgium can take new "integration measures," these measures should be interpreted restrictively and they should be limited to measures that are clear and unambiguous.

The League of Human Rights wonders whether, on behalf of integration, new residence requirements such as having a job, mastering the language or participating to the community life could be indirectly imposed. These are essential questions. If the answer is "yes," then the bill, which will soon pass, is in conflict with European law.

Reception and integration programs are already organized throughout the country, with the exception of the German-speaking region. These programs are compulsory everywhere, except in Brussels, although it won’t be long before they are required there as well.

In case migrants do not participate into these programs, they can be fined. Is it really necessary to add integration as a requirement for residence? Is this requirement proportionate to the objective pursued? Will it really contribute to improving the integration of newcomers? Does it involve a risk that this requirement will lead to the exclusion of some migrants and their families instead of fostering their serene integration into the society?

"1, 2, 3, Integrate yourself!": the comparison of the bill to the children's game has reached its limits, as we are dealing with the lives of whole families here. This bill particularly affects people who apply for family reunification. Because of the international commitments of Belgium, European nationals and refugees (as well as their families) are exempted.

In comparison with the total amount of newcomers who enter Belgium, a low percentage of people will be affected by this law. According to the preparatory work, it is estimated that 25,000 people will be concerned. If, however, we look at the statistics of the Aliens Office for the year 2015, these figures seem to be inflated.

One can wonder whether this bill is a publicity stunt that has a high symbolic value. It remains important, however, that its approval would mean a clear risk of exclusion for the newcomers affected by the bill.

Cooperation, not competition

Beyond legal issues and the objective pursued by this bill, what should be questioned here is the message that politicians want to send to newcomers. Political leaders assume that newcomers do not want to be integrated, although research on the subject shows the opposite. Everyone agrees that integration is essential.

If you want integration, however, you need both parts to participate: it is impossible to enter a room when doors are locked. Common Basic Principles for immigrant integration policy in the European Union say the same:

"Integration is a dynamic process, in two directions, of mutual recognition by the local and immigrant populations." Integration through threats and sanctions is an illusion.

Written by Sarah Ganty, Member of the Foreigners Commission of the Belgian League of Human Rights, researcher in laws at the Université Libre de Bruxelles (ULB). The article was published in the Libre Belgique newspaper on November 29 2016.