Understanding the Evolution and Challenges of Academic Freedom in Germany: Insights from André Bank

In this conversation, German political scientist and authoritarianism researcher André Bank speaks with Julius Dihstelhoff, MECAM’s Academic Coordinator, about the current state of academic freedom in Germany. Banks reflects on how historical developments of academic freedom have shaped the present landscape of higher education and emphasizes the importance of safeguarding these freedoms to foster a dynamic and diverse academic environment. He also addresses the ongoing challenges faced by scholars and institutions, including political pressures and social changes that impact academic discourse and inquiry.

This discussion was part of a joint roundtable organized by MIASA and MECAM, titled “Academic Freedom and Research Ethics: Exploring Dynamics in Ghana, Tunisia & Germany.” The event was held on October 10, 2024 at Legon Hill Campus at the University of Ghana in Accra, Ghana, in alignment with the German Science Year 2024 theme of “Freedom.”^[1]

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Julius Dihstelhoff (JD): André, in light of the evolving global political landscape and its implications for higher education, how would you characterize the foundational principles that underpin academic freedom in Germany? Could you also elaborate on how the legal frameworks and institutional practices designed to protect this freedom have developed, particularly in the context of Germany’s historical experiences and democratic evolution?

André Bank (AB): Certainly, Julius. Academic freedom in Germany is constitutionally protected under Article 5, paragraph III of the “Grundgesetz“ (Basic Law), which states: “Arts and sciences, research and teaching shall be free.” This provision was introduced in the post- Second World war period to prevent the subordination of education and scientific research to state ideology, as seen during the Nazi regime from 1933 to 1945. During that era, education, research, and teaching were all subordinated to the ideological agenda of the state, which sought to suppress dissenting views and manipulate scientific inquiry for political purposes. After the war, academic freedom was deliberately embedded into the post-war constitutional order to ensure that the education system would contribute to the political education necessary for the democratic reconstruction of Germany.

The evolution of these protections has been significant. In the late 1940s and 1950s, disciplines like political science were newly introduced as so-called “democracy sciences,” aimed at promoting democratic values in education. However, conservative professors, not few with ties to the Nazi era, remained, leading to growing dissatisfaction among students, that culminated in the protests of the 1960s and 1970s. These movements demanded an end to authoritarian structures within universities and pushed for the liberalization of education and academic institutions.

Since the 1980s, and especially after the reunification in 1990, German universities have faced new challenges. The rise of market-driven pressures has increased reliance on external funding for research projects. This shift toward a neoliberal academic environment, where success is often measured by securing grants and producing marketable results, has complicated the exercise of academic freedom. While the legal framework still offers protection, the practical realities of academia, influenced by external financial interests, can limit how freely scholars are able to pursue independent research.

JD: Given this historical trajectory, what are the contemporary challenges that scholars in Germany face in terms of academic freedom, particularly given the increasingly globalized higher education and the growing influence of external political and technological forces?

AB: One of today’s major challenges is transnational repression, particularly affecting scholars from authoritarian countries. Following the Arab uprisings of 2011, many academics from countries like Egypt and Syria sought refuge in Germany. While they may have escaped direct, immediate control from their home governments, these regimes often extend their reach abroad, engaging in what we call “cross-border repression.” These scholars but also others from Belarus, Hungary, Iran, Russia or Turkey are sometimes monitored, harassed, or even threatened, even when living in Germany. They are labeled as “criminals” or “terrorists,” and the fear of reprisals affects their ability to work freely.

In addition to transnational repression, there’s a clear tension between Germany’s state policies and the protection of academic freedom, particularly regarding Germany’s “Staatsräson”—the commitment to ensure Israel’s security. At least since the Bundestag’s 2019 resolution against the BDS movement, there have been growing instances where scholars face repercussions for discussing the Israel-Palestine conflict. As highlighted in the Scholars at Risk – Free to Think 2024 report, “In the United States and in Germany, dozens of scholars who spoke out about the violence on social media or incorporated discussions, assignments, or resources about the current crisis or history of the conflict into their teaching, found their job offers rescinded, their teaching duties suspended, or their contracts terminated. In many of these cases, the scholars had criticized the actions of the Israeli government and military, called for a ceasefire in Gaza, or expressed support for Palestinian self-determination.”

This shows that also in democratic states like Germany, repression by state agencies can impose constraints on academic freedom, especially on issues that involve foreign policy or deeply rooted political stances. Scholars navigating these issues are often caught between state policy, public opinion, and their own academic freedom.

JD: That raises an important question about the future of academic freedom. Given these constraints—from both authoritarian states and from formally democratic political pressures—what opportunities exist for strengthening the autonomy of scholars? Could technological advancements, such as artificial intelligence, play a role in either supporting or complicating academic freedom?

AB: Indeed, despite the challenges, there are significant opportunities. One key opportunity lies in the rise of transnational academic networks, like MECAM and MIASA, which are funded via an international program by the German Bundesministerium für Bildung und Forschung (BMBF). These networks foster collaborations between scholars from different regions, enabling them to engage in mutual learning and exchange on critical issues like academic freedom. Importantly, these networks create spaces where academics can discuss the diverse ways in which academic freedom is understood and practiced, and they work together to address infringements on this freedom.

For example, in these networks, scholars from countries with different political regimes can share experiences about defending academic freedom in repressive environments. This collaboration is especially important as it strengthens solidarity among scholars and provides a collective platform to push back against pressures that threaten academic autonomy.

Technological advancements, particularly the responsible use of Artificial Intelligence AI, offer additional opportunities. AI can be a tool for facilitating these global collaborations, enhancing research capabilities, and making academic exchanges more efficient. By streamlining administrative tasks and expanding access to data, AI can enable scholars to focus more on critical issues and less on bureaucratic hurdles. However, it’s crucial that AI is implemented ethically sound ways. If misused, AI can also be a tool of surveillance, used by authoritarian regimes or institutions to track scholars’ activities and suppress dissenting voices. This is a double-edged sword that requires careful regulation and permanent, also self-critical attention.

JD: It seems that while there are exciting opportunities, there is also a constant need for vigilance. Would you agree that, despite the positive developments, the threats to academic freedom are as present as ever?

AB: Absolutely, Julius. While these opportunities are promising, we cannot ignore the ongoing threats to academic freedom. Political interference, both from authoritarian regimes and even from nominally democratic governments responding to sensitive international issues, remains a significant challenge. The cases we’ve seen in Germany and the United States, where scholars faced professional repercussions for their views on the Israel-Palestine conflict, illustrate the fragility of academic freedom, even in ostensibly free societies.

Moreover, the rise of neoliberal policies within academia, driven by market demands and external funding pressures, further complicates the situation. The commercialization of research can subtly, but effectively, limit the scope of what scholars can study, particularly in disciplines that are not seen as profitable or aligned with current political or economic priorities.

To protect academic freedom, the academic community must remain vigilant, foster networks of solidarity, and advocate for policies that prioritize academic independence over narrow market or political interests. The tools we have—like transnational networks and AI—can either be harnessed to enhance academic freedom or, if we’re not careful, contribute to its erosion. The struggle for academic freedom is ongoing, and the risks remain very real.

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About the Authors

Dr. André Bank is a Senior Research Fellow at the GIGA German Institute for Global and Area Studies, Institute for Middle East Studies in Hamburg. He is a member of both the Executive Council of the Merian Centre for Advanced Studies in the Maghreb (MECAM), which is based in Tunis, and of the Steering Committee of the Project on Middle East Political Science (POMEPS). In his research, Dr. Bank examines dynamics of authoritarianism and violent conflict, with a focus on the Middle East but also comparatively. His recent articles have been published in, among others, Democratization, Digest of Middle East Studies, and Middle East Policy as well as in a number of edited volumes. In 2021, he co-edited the Mediterranean Politics special issue “MENA Political Science Research a Decade after the Arab Uprisings: Facing the Facts on Tremulous Grounds.”

Dr. Julius Dihstelhoff has served since May 2020 as Academic Coordinator for the Merian Centre for Advanced Studies in the Maghreb (MECAM), which is based in Tunis. He is also post-doctoral research fellow in the Department of Politics at the Centre for Near and Middle Eastern Studies (CNMS) at Philipps University Marburg. His research focuses on Political Islam and German foreign policy in the Arab world since the so-called Arab Spring, with a special focus on Tunisian transformation processes.

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Footnotes

[1] The opinions expressed during this conversation are those of the participants and do not necessarily represent the official views of MIASA, MECAM, or any associated institutions.

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Citation: Understanding the Evolution and Challenges of Academic Freedom in Germany: Insights from André Bank, in: TRAFO – Blog for Transregional Research, 17.12.2024, https://trafo.hypotheses.org/53966

 

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