Barely legal: racism and migrant farm labour in the context of Canadian multiculturalism

This article investigates how colonial attitudes towards race operate alongside official multiculturalism in Canada to justify the legally exceptional exclusion of migrant farm workers from Canada's socio-political framework. The Canadian Seasonal Agricultural Workers Program is presented in this article as a relic of Canada's racist and colonial past, one that continues uninterrupted in the present age of statist multiculturalism. The legal continuation and growth in the use of non-citizens to conduct labour distasteful to Canadian nationals has provided an effective means for the Canadian state to regulate the ongoing flow of non-preferred races on the margins while promoting a pluralist and ethnically diverse political image at home and abroad. In the face of a labour shortage constructed as a political crisis of considerable urgency, the Canadian state has continued to admit non-immigrants into the country to perform labour deemed unattractive yet necessary for the well-being of Canadian citizens while simultaneously suspending the citizenship and individual rights of those same individual migrant workers. By legislating the restriction of rights and freedoms to a permanently revolving door of temporary non-citizens through the mechanism of a guest worker programme, the Canadian state is participating in the bio-political regulation of foreign nationals.     

Being Canadian: Citizenship in Canada

This article analyses interviews conducted in 1996–97 with 78civic leaders in Hamilton, Ontario, Canada. In part, the interviews focused on what it means to respondents to be Canadian. Among the respondents were 36 immigrants and 23 persons not of European ancestry, including four aboriginal people. The article addresses the challenge of creating a sense of citizenship—a moral sense of belonging—among a population of increasingly diverse origin in anglophone Canada. The argument proposed is that despite the diverse ancestral and geographical origins of the inhabitants of the country, Canadianness exists. Canadians, both native‐born and immigrants, recognize themselves as Canadians. They do so because they recognize the opportunities and freedoms available to them in Canada, and the day‐to‐day respect they enjoy. To be Canadian and recognized as such by others is meaningful. Even very recent immigrants do not define themselves primarily as members of their ancestral cultural communities. Spinner's concept of pluralistic integration seems a better way to describe Canadian society than the popular concept of multiculturalism.     

Security,Flexible Sovereignty,and the Perils of Multiple Citizenship

In this paper we unpack the concept of dual citizenship in relation to the meaning of sovereignty claims in situations of political exception. We take up two contending analytical frameworks to examine dual citizenship. The first framework examines dual citizenship as a human right, and makes liberal legal arguments about the increased rights and privileges afforded to dual citizens. The second framework, which we develop here, examines dual citizenship as a form of hierarchical citizenship, whose genealogy owes substantially to orientalist mythologies, and whose technologies of governance work through securitized state policies and practices of flexible sovereignty. As a form of hierarchical citizenship, dual nationality produces hyphenated citizenships that exist on a transnational plane, yet are always rooted in relations among particular nation-states. Some of the recent cases of extraordinary rendition, detention, and torture of dual national men of Muslim and Arab background will be discussed to illuminate the securitization and racialization of diplomatic protection. While citizenship is not a standard set of rights available to all, the cases we examine reveal that dual citizens with “dangerous” nationalities caught up within the post-9/11 security paradigm may find themselves as unprotected persons, existing in a vacuum devoid of diplomatic protection, human and citizenship rights.     

A comparative view of indigenous citizenship issues

Following the Wik decision it is being suggested that Australia ought now to revisit the translation of special legal norms formulated in international law with respect to the human rights of indigenous citizens. These have previously underpinned developments in both Australia and Scandinavia with respect to indigenous people. Recent Australian developments, particularly the struggle over indigenous property rights, exemplify the argument of O'Neill (1997) in the first volume of Citizenship Studies, which points to the absorption of civic autonomy by market sovereignty. O'Neill is correct to suggest that the dominance of market sovereignty reduces the political participation of those incapable of the competitive struggle for private affluence and that this has a squalid dimension. Central to this is the denial of the notion of community and dominance of the market. This dominance has obscured the significance of the Australian High Court's recognition of aboriginal land rights in Mabo. The decision put the incorrect application of terra nullius—or no man's land—to Australia to rights. It made it possible for the nation to contemplate indigenous sovereignty consequent upon the recognition of native title property rights. Australia's translation of those rights with the Native Title Act 1993 (Cth) looked to international law for its rationale. The rights of the Sami people have been developed in Scandinavia largely with reference to the evolution of international law on indigenous peoples. As we approach 2000, Australia cannot continue to ignore the special legal norms in international law relating to citizenship of indigenous peoples. International law informs attempts by indigenous people in modern times to regain some of what they lost in the past.     

Caught between two worlds: mainland Chinese return migration,hukou considerations and the citizenship dilemma

Issues about migrant rights and protection are raised in cases of return migration when the country that migrants return to prohibits dual citizenship although the migrant has naturalised elsewhere. This article explores the politics of membership and rights faced by former citizens returning to reside in the society they had left. Returning Mainland Chinese migrants with Canadian citizenship status have to navigate China's dual citizenship restriction and the impacts on their Chinese hukou status that confers residency, employment and social rights. This analysis also keeps in view their relationship with the country in which they have naturalised and left, namely Canada. Migrants shuttling between the two countries face a citizenship dilemma as they have limited rights in China whereas their status as Canadian citizens living abroad simultaneously removes them from some rights provided by the Canadian state. This paper thus introduces new and pressing questions about citizenship in the light of return migration trends.     

Deliberative multiculturalism in New Labour's Britain

The aim of this paper is to examine the principles that New Labour has employed in its citizenship and multicultural policies in Britain, and to clarify theoretical locations as well as philosophical rationales of those principles. By deliberative multiculturalism, I mean a set of policies and discourses of New Labour about citizenship and multicultural issues, which emphasizes rational dialogue and mutual respect with firmly guaranteed political rights especially for minorities. New Labour tries to go beyond liberal and republican citizenship practice through enhancing deliberation, the origin of which goes back to the British tradition of parliamentary sovereignty. It also attempts to achieve a one-nation out of cultural cleavages, shifting its focus from redistribution with social rights to multicultural deliberation with political rights. I organize my discussion with a focus on the difference between two theoretical concepts: the relationship between cultural rights and individual equality, and the relationship between national boundaries and global belonging. In the concluding section, I explain three positive developments of New Labour's approach and also four limitations it has faced.     

Paradise Paved? Reflections on the Fate of Social Citizenship in Canada

The aim of this paper is to assess the potential of the concept of social citizenship for articulating progressive policy development in Canada. I argue that the revisioning of social citizenship is hampered by a recent notion that it is part of the superseded welfare policy paradigm of the past. Many analysts characterize a shift in the objectives of Canadian social policy as a move away from a 'golden age' policy paradigm, which emphasized the social rights of citizenship, to a neo-liberal paradigm promoting market citizenship. I suggest that there is an overstatement in the current literature of the extent to which social citizenship rights were ever realized, or even pursued, in Canada. There are two tendencies toward over-generalization in the literature that obscure a more complex picture of social policy development in Canada. The first concerns the relationship between social policy and the social rights of citizenship. The blurring of these two concepts underlies some of the overstatement in the literature about the past implementation of social citizenship rights. The second tendency to over-generalization relates to the observation of a paradigm change in social policy orientation. While things may be shifting, there are grounds to believe that this is largely a within-paradigm intensification--from mean and lean, to meaner and leaner. Finally, I suggest that the conceptual foundations of the social rights of citizenship must be re-worked in a way that acknowledges contestation over the terrain and quality of the 'social' and that challenges the distinctness and priority of the 'market'. There is a continuing need to strengthen and promote the social rights of citizenship as a discursive and practical challenge to neo-liberal interpretations of the 'good' society as a 'market' society. This would involve contesting the claim that the market is the arbiter of the quality of life, and claiming the market itself as a social arena.     

Waiting for Palestine: refracted citizenship and latent sovereignty in Gaza

This article explores the dynamics of citizenship under conditions of statelessness and in territories with uncertain sovereignty. The Gaza Strip under Egyptian Administration (1948–1967) – a nearly indefinable entity that was under Egyptian authority but no one's sovereignty – offers an especially good site for this exploration. In this period, both the government and the population were invested in some notion of Palestinian citizenship, but there was no Palestinian state to codify that concept. The Palestinian loss of formal citizenship with the end of the British Mandate in 1948, and the continued absence of this legal category, has shaped Palestinian life and political identification in profound ways. Even under these conditions, though, both conceptions about, and the social practice of, citizenship have also been crucially important for Palestinian community. Conditions in Gaza under Egyptian Administration illuminate a ‘refracted citizenship’ that articulated a relationship to both a future state and an existing government. Considering both the earlier dynamics of citizenship and sovereignty under the contested circumstances of the Mandate and the details of Egyptian governing practices in Gaza, the article argues that refracted citizenship provided a mechanism for people to make claims of the existing government and offered a means for that government to better manage the place and people of Gaza. Refracted citizenship also enabled people to build new community relations within Gaza – to develop a sense of specifically Gazan community – without feeling that they were jeopardizing their claims to Palestinian citizenship.     

Becoming flesh: refugee hunger strike and embodiments of refusal in German necropolitical spaces

The securitization of the EU’s external borders and repressive asylum policies biopolitically control and discipline the bodies of refugees. In Germany, these developments hark back to a longer colonial history of racialization that the state collectively disavows. To approach this continuity of racialized citizenship, I will analyse a series of hunger strikes that were staged by refugees from 2012 till 2014 in Germany. By asking which possibilities lie in staging the hunger strike, I will argue that Germany’s necropolitical geography of detention, asylum, and deportation marks the racialized refugees’ bodies as disposable within the logics of citizenship. I propose that hunger strike is a form of becoming flesh, which makes visible how racialized violence is enacted on the refugees’ bodies. Becoming flesh articulates a politics of refusal that subverts the logics of recognition, empathy and suffering liberal rights discourses rely on and, instead, performs an embrace of the refugees’ abjection.     

Hunger strikes,detainee protest,and the relationality of political subjectivization

This paper attends to the relationships and spatialities through which immigration detention centers, though isolating and constraining spaces, are shaped by detainees. I approach the problematic of detainee resistance and agency through both Critical Citizenship Studies and feminist relational frameworks. I do so through a case study of one particular rupture – the 2014 hunger strikes at the Northwest Detention Center. My analysis of the 2014 hunger strikes at the NWDC directs me to conceptualize detainee activism as a process of political subjectivization, though one that is fraught with physical and political risk to both detainees and the order of sovereignty and citizenship. This process is undergirded by and productive of a series of interpersonal and political relations that mediate detainee actions and statements, and constitute them as a rupture in the order of sovereignty and citizenship.     

Sui Generis and Treaty Citizenship

This article, written from an Aboriginal perspective, explores the problematic invitation to federal citizenship in Canada for Aboriginal peoples. Its focus is on the deficits of such an offering for the constitutional rights of Aboriginal peoples, which is characterized by sui generis and treaty citizenship. Informed by Aboriginal and intercultural perspectives, the article argues that the offerings of statutory citizenship for Aboriginal peoples inverts rather than respects the constitutional relationship. It looks at how the Supreme Court of Canada has located and structured sui generis Aboriginal orders, the concepts of sui generis citizenship, treaty federalism, and constitutional supremacy as compared with the idea of federal citizenship, concluding that such 'invitations' to Canadian citizenship are inconsistent with and infringe upon the constitutional rights of Aboriginal peoples. By understanding the prismatic nature of Canadian federalism in a postcolonial context, this article aims at reconceptualizing Canadian citizenship in terms of ecological belonging, fundamental rights, and respect for human diversity and creativity.     

Renormalizing citizenship and life in Fortress North America

The relation between the concepts of sovereignty and citizenship are being rearticulated through what is popularly referred to as ‘Fortress North America’. The ‘War on Terror’ has amplified previously emerging shifts in governance, control and surveillance. One significant consequence is the development of increasing border harmonization schemes between the United States of America and Canada. This development has led to newly emerging technologies of citizenship in both Canada and the USA. This paper pays particular attention to the shifts that are taking place with regards to the revocation of citizenship, the creation of new categories of citizenship through programs such as ‘Nexus’ and the proposed introduction of bio‐metric ID cards in Canada and the introduction of the discourse of the ‘new normal’. Through new border harmonization programs established in the ‘Smart Border Declaration’ citizens and non‐citizens in both Canada and America will be organized, controlled and subjected to new forms of state surveillance. The discourse of the ‘new normal’ is meant to signal a shift in our expectations of daily life. Whether we are experiencing the ‘new normal’ due to disease, fear, risk, loss of faith or security, we are being called into place as subjects of this discourse. The ‘new normal’ is used in reference to the need for greater control, the expectation of greater security and surveillance of cells, microbes, bodies and society. This paper will explore the logic that is embedded within the discourse of the ‘new normal’.     

The secular contract: sovereignty,secularism and law in Australia

What does it mean to say that a nation-state is secular? Secular law typically begins when a state has no religious competitor for authority. For this reason, it can be said that the Australian state is secular because its authority is derived from its own laws. What makes Australian law sovereign, the highest authority within the state, is its secularity. However, given Australia's colonial heritage, it is not just the absence of religious authority, such as a state religion, that gives the state its secularity. The law's foundations in colonial violence and the extinguishment of Indigenous sovereignty as a competing authority are also a crucial way in which secular Australian law can continue to operate as the sovereign authority within the state. Using the work of Charles W. Mills, I will critically interrogate how legal and political characterisations of the law as secular work to disavow the state's racialised foundations in colonial violence in the form of a “secular contract”. In developing this notion of a “secular contract” I hope to show that secularism be must re-thought of as not simply the operation of law without religion, but also, as complicit with the ways indigenous sovereignties in (post)colonial states are negated.     

African international students in Klang Valley: colonial legacies,postcolonial racialization,and sub-citizenship

This article examines the experiences of African international students attending universities around the Malaysian capital, Kuala Lumpur. I draw upon participant-observations, interviews, and discussions with international students from several African nations and Malaysian citizens of various ethnicities. Malaysian educational programs are actively marketed in Africa, where many students and their families are motivated to pursue an affordable English-language education in an Asian nation. However, African students face an unfriendly and racist reception in the greater Klang Valley area. Persisting colonial legacies of white supremacy, global flows of negative images of Blacks, and newly emergent meta-cultural circulation of representations of Africans-cum-‘Nig(g)erians’ as predatory males shape their experiences of exclusion from cosmopolitan citizenship. I argue that African international students are cast into a low grade of cultural citizenship that cuts across zones of graduated sovereignty. African students adapt to this urban context, perform acts of citizenship, and attempt to foster cosmopolitan relations among themselves and in the broader society. Moments of critical cosmopolitanism from Malaysians are rare and need to be expanded.     

Explaining the birthright citizenship lottery: Longitudinal and cross‐national evidence for key determinants

In the modern nation‐state, birthright citizenship laws – jus soli and jus sanguinis – are the two main gateways to sociopolitical membership. The vast majority of the world's population (97 percent) obtains their citizenship as a matter of birthright. Yet because comparative research has focused on measuring and explaining the multiple components of citizenship and immigration policies, a systematic analysis of birthright citizenship is lacking. We bridge this gap by analyzing the birthright component in prominent databases on citizenship policies and complementing them with original data and measures. This allows us to systematically test institutional and electoral explanations for contemporary and over‐time variation in birthright citizenship. Institutional explanations – legal codes and colonial history – are consistently associated with limitations on birthright law. As for electoral explanations, specific electoral powers – Nationalist, Socialist and Social‐Democratic parties – rather than the traditional left/right‐wing divide, are linked with reforms in birthright regimes.     

Beyond the state? Civil sociality and other notions of citizenship

Social scientists generally begin with a definition of citizenship, usually the rights-bearing membership of nation-states, and have given less attention to the notions of citizenship held by the people whom they study. Not only is how people see themselves as citizens crucial to how they relate to states as well as to each other, but informants' own notions of citizenship can be the source of fresh theoretical insights about citizenship. In this article I set out the four notions of citizenship that I encountered during interviews and participant observation across two contrasting regions of Mexico in 2007–2010. The first three notions of citizenship were akin to the political, social and civil rights of which social scientists have written. I will show that they took particular forms in the Mexican context, but they did still entail a relationship with nation-states – that of claiming rights as citizens on states. But the most common notion of citizenship, which has been little treated by social scientists, was of civil sociality – to be a citizen was to live in society, ideally in a civil way. I argue that civil sociality constitutes a kind of citizenship beyond the state, one that is not reducible to the terms in which people relate to states.     

Institutionalizing precarious migratory status in Canada

This paper analyzes the institutionalized production of precarious migration status in Canada. Building on recent work on the legal production of illegality and non-dichotomous approaches to migratory status, we review Canadian immigration and refugee policy, and analyze pathways to loss of migratory status and the implications of less than full status for access to social services. In Canada, policies provide various avenues of authorized entry, but some entrants lose work and/or residence authorization and end up with variable forms of less-than-full immigration status. We argue that binary conceptions of migration status (legal/illegal) do not reflect this context, and advocate the use of ‘precarious status’ to capture variable forms of irregular status and illegality, including documented illegality. We find that elements of Canadian policy routinely generate pathways to multiple forms of precarious status, which is accompanied by precarious access to public services. Our analysis of the production of precarious status in Canada is consistent with approaches that frame citizenship and illegality as historically produced and changeable. Considering variable pathways to and forms of precarious status supports theorizing citizenship and illegality as having blurred rather than bright boundaries. Identifying differences between Canada and the US challenges binary and tripartite models of illegality, and supports conducting contextually specific and comparative work.     

Interrogating ‘invisibilization’ and ‘instrumentalization’: women and current citizenship trends in Canada

This paper examines current citizenship discourses and practices in Canada, focusing on the implications not only of marketization, but also of growing securitization vis-à-vis citizenship, and the gendered ramifications of such developments. The repercussions of marketization and securitization and their interrelations, for women in general, as well as racialized and immigrant women in particular, are outlined and assessed. In this way, we see how women are at the receiving end of highly contradictory processes in that they are both ‘invisibilized’, in other words, rendered invisible, by the Canadian state, but are also are increasingly ‘instrumentalized’, in other words, used in strategic ways. Yet, women also challenge these trends and tactics, thereby interrogating these processes that serve to limit the terms and scope of citizenship in Canada.     

Globalization and citizenship: an Australian dilemma

Democratic citizenship, as it exists in countries like Australia, is premised on a nation-state that has sovereignty over a specific territory demarcated by internationally agreed boundaries. According to this model, citizens are supposed to control the state through democratic processes, and the state is supposed to control what happens on its territory and to decide who or what may cross its boundaries. But today globalization is eroding the capacity of the nation-state to control cross-border flows of finance, commodities, people, ideas and pollution. Powerful pressures are reducing state autonomy with regard to economic affairs, welfare rights and national culture. This leads to important questions: Does the quality of democratic citizenship remain unchanged? Are citizens still the source of political legitimacy? Do we need to rethink the meaning and mechanisms of citizenship to find new ways of maintaining popular sovereignty? How can citizens influence decisions made by global markets, transnational corporations and international organizations? These are problems that all democratic polities face, and Australia is no exception. Political and legal institutions derived from the Anglo-American democratic heritage have worked well for a century and more, but they may need to change significantly if they are to master the new realities. The central question in Castles's article is thus: What can we do to maintain and enhance democratic citizenship for Australians in the context of a globalizing world? To answer this question, he examines some of the inherent contradictions of nation-state citizenship, discusses the meaning of globalization and how it affects citizenship and looks at the effects of globalization and regional integration on Australia. He concludes that it is important to improve the quality of Australian citizenship by various measures: recognizing the special position of indigenous Australians and action to combat racism; combatting social exclusion; reforming the constitution to inscribe rights of active citizenship in a bill of rights; and reasserting the model of multicultural citizenship.     

Liberalism,Multiculturalism and the Problem of Essentialism1

This article focuses on key themes in the liberal philosophical debate over multiculturalism, as well as the responses of Canadian social and political actors to the September 11, 2001 attacks in New York and Washington. Since September 11, there has been a renewed popularity of arguments positing a 'clash of civilizations' between Muslim and Christian societies, and a new legitimacy advanced for 'ethnic profiling' in the name of security. The rapidity with which this has happened in Canada is particularly striking because of the country's liberal-democratic and multicultural tradition. The introduction of a national policy of multiculturalism in 1971 provided a new understanding of Canadian citizenship that was more inclusionary of immigrants and ethnic and racial minorities. Multiculturalism has also become a hotly debated ideal among Canadian, American and European political philosophers concerned with addressing the possibilities and limits of liberalism given ethnic diversity, and the limits of ethnic diversity given liberalism. Multiculturalism is typically presented as a 'problem' for liberal politics and ethics. Building on how multiculturalism policy in Canada has provided a more inclusionary discourse around citizenship, a defence of multiculturalism is advanced which rejects the essentialist treatment of 'culture' and 'cultural' groups. It is suggested that the unfolding discussions in Canada since September 11 demonstrate the ongoing tension between cultural essentialism and liberal individual rights. The Canadian experience points to the value of an anti-essentialist multiculturalism in challenging discrimination given that neither liberalism, nor liberal democratic states, are neutral in their allocation of resources and legitimacy among more and less powerful ethnic groups. It is argued that rather than multiculturalism, it is essentialist thinking, imagery and ideas which present the greatest 'problem' to the ethics of liberalism and the politics of liberal democracies like Canada.