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.     

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.     

The Politics of Dual Citizenship in Hungary

The study reviews the politics underlying the 2004 referendum in Hungary on whether the country should offer extraterritorial, non-resident citizenship to ethnic Hungarians living in the neighboring states of Romania, Slovakia, Serbia-Montenegro and the Ukraine. The study argues that the issue of dual citizenship for ethnic minorities and kin-states in Central and Eastern Europe is quite distinct from the issue of dual citizenship in West European immigration countries. Transborder ethnic relatives make up large proportions of some of the contiguous countries with whom Hungary has a long history of border disputes which is why the Hungarian reform initiative touched upon sensitive issues connected to the sovereignty of these states. In addition, the large size of the non-resident Hungarian population means that their potential Hungarian citizenship would have serious consequences for the Hungarian welfare state, and the determination of the political future of Hungary, where even much smaller numbers of voting non-residents might swing the vote. The article outlines the arguments that were made in favor of the reform by the political right and those against the reform by the left. It examines the initiative from the European Union's perspective and compares the Hungarian case to cases of dual citizenship in other countries of Europe. The article also raises questions about the long-term implications of this form of dual citizenship for the “re-ethnicization” of citizenship.     

Bridging the human rights—Sovereignty divide: Theoretical foundations of a democratic sovereignty

Human rights and sovereignty are generally construed as disputatious, if not entirely incompatible; the liability of the former constrains the license of the latter. This article challenges the certitude of that notion and argues that democratic, isocratic, and humanistic elements, or what may be thought of as precursors of human rights, are actually embedded in early theories of sovereignty, including what I call Bodin’s hierarchical, Althusius’ confederative, Hobbes’ singular, and Hegel’s progressive/constitutional sovereignty. Despite the differences in governmental structure to which each attaches sovereignty, each disassociates sovereignty from its agents (who does the work of supreme authority) and aligns it to its end (the good of citizens). From them I derive eight theses to ground a democratic, human rights friendly conception of sovereignty, which aids in bridging the divide between human rights advocacy and sovereign defenders.     

The unbearable rightfulness of being human: citizenship,displacement, and the right to not have rights

Claims to human rights protection made by displaced persons are displaced from the universe of humanity and rendered ineffective by the geopolitical character of modern international human rights law, in favour of the protection of citizens' rights claims. In response, there is increasing interest in leveraging respect for and protection of the rights of displaced persons through extension of the rights enjoyed and supposedly borne by emplaced citizens. However, it is a mistake to assume that humans as citizens bear human rights or that the freedoms that they may be able to extend beyond state boundaries are universalisable. The extension of the right to citizenship functions to displace questions of human rights themselves. The question of the human in rights is in fact always displaced, as long as the human subject is acted upon as if it could possess rights. In paying attention to the critical perspectives with which displaced persons confront the citizen, she or he may come to appreciate the fact that the universality of human rights is served where one does not claim to have rights but, rather, actively engages, without limits, with others in the struggle for rights and their respect.     

Making claims for migrant workers: human rights and citizenship

Migrant workers claims for greater protection in a globalized world are typically expressed either in the idiom of international human rights or citizenship. Instead of contrasting these two normative frames, the paper explores the extent to which human rights and citizenship discourses intersect when it comes to claims by migrant workers. An analysis of the international human and labour rights instruments that are specifically designed for migrant workers reveals how neither discourse questions the assumption of territorial state sovereignty. Drawing upon sociological and political approaches to human rights claims, I evaluate the Arendtian-inspired critique of international human rights, which is that they ignore the very basis ‘right to have rights’. In doing so, I discuss the different dimensions of citizenship and conclude that international rights can be used by migrant workers to assert right claims that reinforce a conception of citizenship that, although different from national citizenship, has the potential to address their distinctive social location.     

Hong Kong as the ‘Neoliberal Exception’ of China: Transformation of Hong Kong Citizenship Before and After the Transfer of Sovereignty

The formation of Hong Kong citizenship was under tensions and struggles after the change of sovereignty in 1997. In spite of the limited political and social rights, many incidents showed that the promised civil rights were declining. More importantly, subject to the intensified transborder population mobility of Chinese citizens, there were public discourses addressing that the social rights of Hong Kong citizens were threatened. Protests in response to the intensified transborder population mobility were found, with the rightist public discourses advocating to conserve the essences of Hong Kong citizenship. Being the neoliberal exception of China, Hong Kong is positioned to contribute for China by its market economy, as well as the relatively well-established socio-economic institution. However, as this article argues, in spite of the logic of exception, i.e. the zoning technology that the state deploys, the intensified transborder population mobility and economic activities between the neoliberal exception and the sovereign state can lead to the struggles and contentions concerning the citizenship of the former.     

‘Living Rights’, rights claims,performative citizenship and young people – the right to vote in the Scottish independence referendum

This paper examines the rights claims-making that young people engaged in during the 2014 Scottish independence referendum when the right to vote was extended to 16- and 17-year-olds for the first time in the UK. Understanding citizenship and rights claims-making as performative, we draw on the novel idea of ‘living rights’ to explore how young people ‘shape what these rights are – and become – in the social world’. They are co-existent and situated within the everyday lives of young people, and transcend the traditional idea that rights are merely those that are enshrined in domestic and/or international law. We explore the complex and contested nature of rights claims that were made by young people as ‘active citizens’ in the lead up to the referendum to illustrate how the rights claims-making by young people is bound up with the performativity of citizenship that entails identity construction, political subjectivity (that challenges adult-centric approaches) and social justice.     

Squaring the circle: domestic welfare,migrants rights,and human rights

Domestic welfare reform and the management of international migration in Britain have been described by David Cameron as ‘two sides of the same coin’. Heightened conditions and sanctions for the benefit-dependent domestic population, both in and out of work, are being harnessed as a means of promoting labour market change and reducing demand for low-skilled migrants – often EU workers, whose own access to benefit is being curtailed. Arguments about the post-national expansion of rights and associated cosmopolitan debate implicitly measure migrants rights against a normative model of citizenship as the yardstick of full social inclusion, but with little attention to how far citizenship itself falls short of this promise. Taking Britain as a case study, this paper considers how the concept of civic stratification can further advance analysis of the link between domestic welfare, migration and human rights in a context of intensifying controls for both migrants and citizens.     

Citizenship,Migration and the Reassertion of National Identity

Faced with increasing and diverse migratory pressures in the post Cold War period, European states have created an increasingly complex system of civic stratifications with differential access to civil, economic and social rights depending on mode of entry, residence and employment. Now at the beginning of the twenty-first century, expansion and contraction of rights have occurred within a managerialist approach which, though recognising the need for immigration, applies an economic and political calculus not only to labour migration but also to forms of migration more closely aligned to normative principles and human rights, such as family formation and reunification and asylum. At the same time, states are demanding affirmation of belonging and loyalty, leading to greater emphasis on obligations in the practice of citizenship. The first part of the paper traces the evolution of a managerialist regime and its consequences for the reconfiguration of spaces of citizenship. The second section examines the development of new contracts of settlement and the management of diversity as the state reasserts its national identity and sovereignty.     

Post‐national citizenship,social exclusion and migrants rights: Mexican seasonal workers in Canada

In the past few decades, migrants residing in many European and North American countries have benefited from nation‐states' extension of legal rights to non‐citizens. This development has prompted many scholars to reflect on the shift from a state‐based to a more individual‐based universal conception of rights and to suggest that national citizenship has been replaced by post‐national citizenship. However, in practice migrants are often deprived of some rights. The article suggests that the ability to claim rights denied to some groups of people depends on their knowledge of the legal framework, communications skills, and support from others. Some groups of migrants are deprived of the knowledge, skills, and support required to negotiate their rights effectively because of their social exclusion from local communities of citizens. The article draws attention to the contradiction in two citizenship principles—one linked to legal rights prescribed by international conventions and inscribed through international agreements and national laws and policies, and the other to membership in a community. Commitment to the second set of principles may negate any achievements made with respect to the first. The article uses Mexican migrants working in Canada as an illustration, arguing that even though certain legal rights have been granted to them, until recently they had been unable to claim them because they were denied social membership in local and national communities. Recent initiatives among local residents and union and human rights activists to include Mexican workers in their communities of citizens in Leamington, Ontario, Canada, are likely to enhance the Mexican workers' ability to claim their rights.     

Migration,citizenship and race in Europe: Between incorporation and exclusion

Abstract. The article examines four recent studies, which represent the scholarly divisions in and the strengths and the weakness of current research on migration, citizenship and race in Europe and, to a lesser degree, the USA. Organising the review around three themes — the causes of post–war migration, integration and race, and the relationship between citizenship and state sovereignty, it reviews the studies in the context of broader debates about postnational citizenship, the decline of state sovereignty and the role of theory in the study of citizenship. It argues that the studies of postnationalism (Jacobson) and race and racism (Solomos & Back) suffer from faults common to macro–sociological approaches and unfocused attempts to blend normative theory and causal explanation, while the studies of integration (Favell) and citizenship, immigration and the state (Joppke) are exemplars of approaches that successfully pair an interest in theory with detailed causal analysis. The article concludes by suggesting that the debate between 'nationalists' and 'postnationalists' can now be transcended. Postnationalism, it concludes, contains two theses, not one: an empirical and a causal. The empirical thesis — that universal personhood has decoupled rights and identity – is incontrovertible; the causal — that this development resulted from the 'internationalisation' and 'universalisation' of human rights legislation and discourse — is, in the light of Joppke's and other's research, false. The sources of third–country nationals' social and economic status, the foundations of the distinction between rights and identity, are domestic.     

Citizenship in the Netherlands: locally produced,nationally contested

The Netherlands is often considered an extreme example of individualism and multiculturalism, two factors that many politicians and social scientists consider to be the main causes for the alleged decline in citizenship. In this paper, we examine Dutch citizens' conceptions of citizenship to test these negative expectations. We found the fear that a modern, individualistic, and diverse citizenry only care for their own rights to be misplaced; citizens were willing to exert effort to uphold the society they live in. Their efforts, however, were conditional upon returns in terms of a responsive government and in improvements to their individual lives. Communitarian, local, and rather submissive notions of citizenship were deeply shared – with a liberal twist among many migrants. We also found that ‘nationalist’ republican notions of citizenship awaken latent uncertainties and divisions among citizens rather than creating ‘new’ unity. This imagination of citizenship leaves Dutch society wanting for the deliberative, political elements of citizenship.     

The dispossession of the Innu and the colonial magic of Canadian Liberalism

This article examines the legal and philosophical grounds which are used by the nation state of Canada to dispossess aboriginal people who have not ceded land through treaties. Using the Innu people of the Labrador‐Quebec peninsula as an example, my thesis is that, far from being a neutral doctrine of rights and citizenship, liberalism functions as a magical, yet ethnocidal, instrument of colonial domination and land usurpation. I demonstrate this by looking at the way in which policies such as Comprehensive Land Claims and Environmental Impact Assessment, ostensibly for the protection of the Innu and other aboriginal peoples, predetermine that land will be legally ceded and ways of life based on it exterminated. The roots of this approach are traced through an examination of the imposition of sovereignty in colonial policy and its continued assertion in Canadian court cases, including the recent Delgamuukw decision. In conclusion, I draw attention to the affinities between the ideas of contemporary liberal theorists of citizenship and the rhetoric and policies of the Canadian state. As a positive proposal, I suggest that outstanding aboriginal land claims in Canada should be treated as the ‘Canada claim’, and that new processes for their resolution which do not presume Canadian sovereignty be established.     

Introduction: theorizing different forms of belonging in a cosmopolitan Malaysia

This article introduces this special issue on new ethnoscapes of a cosmopolitan Malaysia. It investigates questions of belonging and analyses the conditions that make possible cosmopolitan solidarity between citizens and sub- and non-citizens in a globalized world. I posit several critical frameworks on cosmopolitanism, citizenship and the public sphere to theorize the relationship between citizens and non-citizens in Malaysia: ‘zones of sovereignty’, the refugee as homo sacer and ‘acts of citizenship’ that constitute rights and subjecthood for non-citizens. In an attempt to outline a more detailed ethnography of everyday ways of belonging, I touch briefly on Conradson's ‘spaces of care’. Lastly, I focus on the public sphere, which can be a barometer for gauging whether cosmopolitan solidarity and transnational crossings can occur.     

Post-nationalism re-considered: a case study of the ‘No One Is Illegal’ movement in Canada

Studies of post-nationalism have declined considerably among citizenship scholars in recent decades, and have been largely ignored by social movement scholars in favour of more trans-national approaches. Using a case analysis of a migrant rights movement in Canada as evidence of a ‘post-national ethics in practice’, in this article I argue for a re-consideration of the usefulness of post-nationalism within current scholarship on precarious immigration status. Taking into account both the limitations and opportunities afforded by a post-national ethical framework, I examine how the movement uses a human rights framing in distinct ways to mobilize constituents, garner mainstream media attention, and effect changes to policy at the national and local level. My findings suggest that the use of human rights frames for these movements offers both risks and rewards; however, the benefits may outweigh the risks in cases in which the quality of exposure within mainstream narratives is enough to disrupt, even if momentarily, the pervasiveness of normative nationalism, opening up new spaces for reconfiguring citizenship at the local level.     

Xenophobic violence and the ambivalence of citizenship in post-apartheid South Africa

This essay examines the way that the language of rights has been used to both justify and challenge xenophobia in South Africa. South Africa has struggled with incidents of xenophobic violence against African migrants, with major outbreaks of violence taking place in 2008 and in 2015, and despite substantial anti-xenophobia efforts, African migrants continue to be subject to discrimination and abuse. Part of the reason for the persistence of anti-African migrant sentiment is a prevailing rhetoric of victimization, which frames irregular African migrants as a threat to the rights of South Africa’s poor. This essay analyzes that rhetoric, as well as analyzing how a grassroots movement of shackdwellers, Abhlali baseMjondolo, has challenged that rhetoric by highlighting the interconnection between the rights of citizens and noncitizens in the country. In examining the contestation over rights in South Africa, this essay seeks to engage with the ambivalence of citizenship in South Africa and the conflict between the human rights framework that has been established in the country and the necessary limitation of the rights of noncitizens.     

A feminist challenge to the gendered politics of the public/private divide: on due diligence,domestic violence,and citizenship

This article examines the feminist appropriation of the legal principle of due diligence to politicize acts of violence at the hands of private actors within the private sphere. This move expanded traditional notions of state responsibility for violence against women under international human rights law. Using frame analysis, we focus on the institutionalization of this feminist understanding of due diligence through its discursive incorporation in international human rights policy documents and its mobilization in cases of domestic violence litigated within the UN and the Inter-American and European human rights systems. Through this discursive framing work and its institutionalization, feminists have challenged the gendered politics of the public/private divide to change the terms on which differently positioned women can engage with the state and global governance institutions. We argue that this change can potentially reconfigure women's state-bounded and transnational citizenship. The implications of due diligence as a political and sociological concept require more careful consideration by citizenship and human rights scholars.     

Unequal access to human rights: the categories of noncitizenship

Abstract

International human rights law consists of a body of basic rights and principles that States are to enforce with respect to every person within their borders. The unfortunate reality, however, is that many States are incapable of ensuring the rights of everyone, and in some instances simply do not wish to do so. Accordingly, citizenship serves as an acknowledgment by a State that the status holder is entitled to a higher degree of protection. Conversely, noncitizens may enjoy less rights than citizens, and certain categories of noncitizens frequently find themselves outside of the State’s protection entirely. This article outlines many of the rights that international law directs should be enjoyed by every human being, the factors that contribute to unequal enjoyment of these rights, and the categories of noncitizen associated with the mediated allocation of basic human rights.     

No space for citizens? Conceptualisations of citizenship in a functional region

This article aims to discuss whether there is such a thing as citizenship performed at the level of the sub-state region and, if so, how this can be studied. It is suggested that aspects of citizenship should be studied not only in the context of sub-state administrative units, but also in the context of more loosely interconnected functional economic regions. The main argument for this is that, although there is no ‘contract’ between the polity and the citizen in these functional regions, they are often highly politicized spaces, governed by coalitions of public and private actors whose actions can be of considerable importance for those inhabiting them. It is also suggested that, in the absence of formal rights and institutionalized relations between citizens and polity, we need to explore how ‘citizens’ and ‘citizenship’ are conceptualized by the polity in these regions more broadly. The article focuses (a) on the conditions for citizenship in the functional region and (b) on those discourses of citizenship that emerge under the conditions identified. A tentative conclusion is that, in the absence of formal citizenship rights connected to the functional space, a discourse about citizens and citizenship has emerged, which is focuses solely on citizens' capacity to contribute to economic growth.