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.     

Migrant Heroes: Nationalism,Citizenship and the Politics of Filipino Migrant Labor

The Philippine state has popularized the idea of Filipino migrants as the country's 'new national heroes', critically transforming notions of Filipino citizenship and citizenship struggles. As 'new national heroes', migrant workers are extended particular kinds of economic and welfare rights while they are abroad even as they are obligated to perform particular kinds of duties to their home state. The author suggests that this transnationalized citizenship, and the obligations attached to it, becomes a mode by which the Philippine state ultimately disciplines Filipino migrant labor as flexible labor. However, as citizenship is extended to Filipinos beyond the borders of the Philippines, the globalization of citizenship rights has enabled migrants to make various kinds of claims on the Philippine state. Indeed, these new transnational political struggles have given rise not only to migrants' demands for rights, but to alternative nationalisms and novel notions of citizenship that challenge the Philippine state's role in the export and commodification of migrant workers.     

‘Domestic transnationalism’: legal advocacy for Mexican migrant workers' rights in Canada

Every year thousands of Mexicans travel to Canada to work in Canadian fields and greenhouses under the Mexico-Canada Seasonal Agricultural Worker Program. While the programme is often praised, it has also been the subject of persistent criticism about its failure to meet certain human rights standards. In this article, we examine the legal strategies civil society advocates of migrant workers have adopted to promote migrant workers' rights in Canada. Specifically, we examine legal struggles undertaken by the United Food and Commercial Workers union to challenge Ontario government legislation that does not permit collective bargaining by farmworkers in the province. We argue that this case demonstrates that despite the fact that many of the workers involved are transnationalized, appeals to international bodies or to international human rights standards have been of limited utility in promoting their rights. Despite frequent arguments about the increased relevance of international human rights and citizenship norms and transnational human rights advocacy, in this case the national and sub-national scales remain predominant. The result, we argue, is a form of ‘domestic transnationalism’, in which domestic political actors engage in advocacy within domestic legal institutions to promote the rights of a transnational mobile labour force.     

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.     

Demonising ‘the other’: British Government complicity in the exploitation,social exclusion and vilification of new migrant workers

This article demonstrates the close and complex connection between the demonisation, exploitation and exclusion of new migrant workers. In so doing, it testifies to the blurred boundaries between the categories of severe labour exploitation, forced labour and slavery. This study highlights the absence of citizenship rights as crucial to understanding the vulnerability to demonisation, exploitation and exclusion that characterises the embodied experience of such workers. It also highlights the key role of citizenship as a means for such workers to make rights claims. In the UK, new migrant workers, particularly those arriving from Eastern Europe since 2004, have been increasingly designated by government and media as interlopers in a tight labour marketplace. Whilst their collective economic contribution is sometimes welcomed, they are regarded as ‘external’ to UK society and citizenship, a potential threat to indigenous values and culture, and in competition with British workers. Rarely are migrants afforded the space in public and private spheres to express their individual needs, wants, cares or perspectives. UK migrants have variously been portrayed by the tabloid media and irresponsible politicians as rapacious opportunists, as benefit scroungers, criminals and potential terrorists. The predominant discourse around new migrant workers in the UK is that they are not citizens, but temporary residents who are expected to work industriously and to remain otherwise unseen and unheard until they return to their country of origin. No further contribution to social and political life is required or expected. It is within such an unsupportive environment that new migrant workers in general, and undocumented migrants in particular, have become highly susceptible to employer and gangmaster abuse and exploitation.     

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.     

Political Belonging in a Neoliberal Era: The Struggle of the Sans-Papiers

This article argues that political belonging should be understood in the context of diverse spatial imaginaries which encompass but are not confined to the state. Engin Isin's approach to citizenship provides a theoretical grounding for this claim. By way of demonstration, the article focuses on the spatially reconfigured practices of the neoliberal state in relation to irregular migration. It shows how the policing of irregular migration sustains a logic of political belonging based on connections between state, citizen and territory. This logic is simultaneously compromised by transnational state practices including the exploitation of irregular migrant labour. Irregular migrants are contesting their positioning within these multidimensional statist frameworks that posit them as outsiders even while they are integrated into local sites of a global political economy. The struggle of the Sans-Papiers, a collective of irregular migrants in France, provides an example in this context. Their claims to entitlement also mobilize multiple dimensions of political belonging and provide insight into transitions in political community, identity and practice.     

Differential inclusion of non-citizens in a universalistic welfare state

The regulation of legal statuses and differentiation of non-citizens’ rights within the states has become a significant site in the management of migration, yet the actual operations of differential inclusion remain an underexamined issue in the migration research. This article provides an empirically grounded analysis of the differential inclusion of non-citizens and demonstrates the legal hierarchies between non-citizens’ entitlements using Finland as a case study. I argue that in addition to the regulation of residence and the access to labour markets, the unequal access to the welfare system represents a significant sphere of differentiation in the immigration process. Non-citizens’ social entitlements differ depending on the nationality, the type of legal status and the form of employment, affecting their position in the labour markets and in the society. The article highlights the role of immigration law in manipulating the residence status of non-citizens, consequently invalidating the universalism of rights and a residence-based welfare system. Immigration controls, rather than representing a neutral framework of regulation of immigration, function as an institution, which produces conditional subjects and asymmetrical social relations in the sphere of universal citizenship.     

The logic of multiculturalism and Korean democracy

In this article, I attempt to construct a normative framework of Korean multiculturalism in the Confucian public-societal context of Korean democracy by focusing on the political implications of the claim to cultural rights (so-called ‘logic’ of multiculturalism) and cultural pluralism that it is likely to entail for Korean democracy. After examining the logic of multiculturalism that often puts multiculturalism in tension with liberal democracy, I turn to Will Kymlicka's account of immigrant multiculturalism that resolves the potential tension between multiculturalism and liberal democracy in a liberal way. Then, I construct a normative framework of Korean multiculturalism in a way that a decent multicultural society can be established on the same public-cultural ground on which Korean democracy has matured in the past two decades.     

Canada's Communications Security Establishment,Signals Intelligence and counter-terrorism

Canada's Communications Security Establishment has undergone a far-reaching transformation in conjunction with the expanded role of Signals Intelligence in the global ‘war on terror’. For the first time, Canada adopted a formal statute for CSE, including an expanded remit for countering terrorism. With a shift in targeting priorities towards terrorism and threats to Canadian interests abroad, Canada's participation in SIGINT-related international partnerships takes on new significance. The collection of communication intelligence touches upon public sensibilities regarding privacy rights of Canadians. The evolution of Canadian SIGINT capabilities was therefore accompanied by the establishment, as early as 1996, of a system for intelligence accountability and review, the Office of the CSE Commissioner. Recent advances in communications technology and pressing requirements for Signals Intelligence have impelled changes in the law, while also accentuating the role played by the CSE Commissioner in scrutinizing CSE activities to ensure compliance with ministerial authorizations and the laws of Canada.     

From Being a Problem to Having Problems: Discourse,Governmentality and Chinese Migrant Workers

This article analyzes the political effects of the new discourse on Chinese migrant workers that emerged in the 2000s, and how this discourse is contested by an alternative discourse. The article demonstrates how the new discourse has facilitated socialist-liberal governance by transforming migrant workers into self-governing individuals. Moreover, the article argues that socialist-liberal governmentality is based on a post-political understanding that promotes a society without structural differences and reformulates social problems as individual deficiencies. Based on a discourse analysis of Chinese newspaper coverage, the article analyzes how this post-political myth is contested by an alternative understanding of society that repoliticizes migrant workers and their problems. In conclusion, the analysis points to how media discourses can contest governmental projects.     

Towards cultural citizenship? Cultural rights and cultural policy in Taiwan

This article reviews existing literature on the construction of cultural citizenship, and argues that cultural citizenship expands the concept of ‘citizenship’, promotes citizens' consciousness and ensures the protection of minority rights. Since the 1990s, three cultural policies have arisen related to cultural citizenship in Taiwan: ‘Community Renaissance’, ‘Multicultural Policy’ and the ‘Announcement of Cultural Citizenship’. ‘Cultural citizenship’ has expanded the concept of citizenship in two ways. First, it has led to the consideration of the minority rights of Taiwanese indigenous peoples, the Hakkas, foreign brides and migrant workers in ‘citizenship’; and second, it has placed emphasis on ‘cultural rights’ in addition to civil rights, political rights and social rights. This article begins by exploring what approach to cultural citizenship is used in cultural policy, and what approach is suitable for practising cultural citizenship in Taiwan. I argue that minority groups practise their cultural rights with the public participation of Community Renaissance. Taiwan's case bears out Stevenson's view: a society of actively engaged citizens requires both the protection offered by rights and opportunities to participate. Finally, this article shows the challenges and contradictions of cultural citizenship in Taiwan: the loss of autonomy and the continuation of cultural inequality.     

(Im)possible citizens: Canada's ‘citizenship bonanza’ and its boundaries

This article discusses a recent amendment to the Canadian Citizenship Act, which retroactively restores or gives Canadian citizenship to ‘hundreds of thousands of unsuspecting foreigners, most of them Americans’ (P. Dvorak, 2009. Canada issues a wake-up call: you may be a citizen. The Wall Street Journal, 17 April. Available from: http://online.wsj.com/article/SB123993183347727843.html) while also restricting the inheritance of Canadian citizenship to the first-generation born abroad. Aiming to redress past discriminations based on gender, marital status and dual citizenship while simultaneously curtailing modern citizenship's dubious ius sanguinis provision, the new law might be interpreted as perpetuating Canada's reputation as a world leader in interethnic relations and human rights. A contextual analysis of the new law, by contrast, shows that the opposite is the case: the boundaries that are being drawn by Canada's new citizenship regime follow the now common trend of re-ethnicization and securitization. Specifically, they conflate kinship and Whiteness, thereby leading, on the one hand, to the construction of possible citizens whose authenticity and loyalty to the nation are unquestioned. On the other hand, within the logic of the new laws and their surrounding discourses, non-White, non-Christian ‘impossible citizens’ emerge, whose lack of loyalty and instrumental use of their Canadian passport are said to be eroding the value of citizenship from within.     

Justified state partiality and the vulnerable subject in migration

According to David Miller, there exists a special relationship between migrants at the border and members of a political community that the migrant hopes to join. It is the task of a political philosophy of migration to define a state’s obligations toward individuals who are vulnerable to the state’s actions without being members of the political community. I define the vulnerability in question as lacking capacity to be autonomous for lack of options to realize one’s plan of life. I then discuss Miller’s claim that what matters is sufficiency of generic options rather than access to all options. Miller wants to say that sufficiency can be achieved by assuring the protection of human rights. This claim neglects the source of the individual migrant’s vulnerability. I therefore argue that Miller neglects the specific relationship he has identified between potential host state and hopeful migrant, and advocate instead that the potential host state has to consider the vulnerability that is due to its own policies, such as migration regimes. This grounds a causal responsibility to protect the basic interest in leading autonomous lives for the migrant at the border.     

Political and social rights for second country nationals: freedom of movement and citizenship in Australasia

Agreements allowing regional freedom of movement inevitably raise questions about the citizenship status and rights of those who exercise regional mobility. In the case of the European Union, such questions have received considerable academic attention, particularly since the creation of European citizenship in 1992. Little attention has been paid to Australasia, where a long-standing freedom of movement agreement, the trans-Tasman Travel Arrangement (TTTA), permits New Zealanders and Australians to live and work indefinitely in each others' country. As the two countries pursue a single economic market, the TTTA has played a central role in facilitating the creation of a regional labour market. Changes to Australian social security and citizenship legislation, however, have meant that many New Zealanders permanently resident in Australia have limited social and political rights, and no access to citizenship. This article extends debates about whether the political and social rights of citizenship ought to be granted to second-country nationals into the Australasian context. It examines a range of arrangements by which citizenship could be protected during the current period of intense economic integration in Australasia, asking which provides the best fit with existing constitutional and political arrangements.     

The Active Child Citizen: Lessons from Canadian Policy and the Children's Movement

The United Nations Convention on the Rights of the Child has advanced a model of active citizenry for children, which is difficult to reconcile with the still dominant Western notions of childhood that fetishize innocence and attribute passivity and incompetence to children. This article explores the manner in which state policy, Canadian courts, and children's politics in Canada have responded to the imaginary of the active child citizen. The Canadian government has provided limited political space to young people and has narrowly construed children's participation rights as limited to family law and juvenile justice. The reluctance of adult decision-makers to open up policy-making to the contributions of children has been further hindered by the current anti-democratic cast of neo-liberal governance. This article examines how quasi-judicial tribunals and the Canadian courts have invoked the Convention in their dealings with child asylum seekers, only to construct childhood participation and childhood protection as mutually exclusive. The article concludes with a brief exploration of the alternative model of children's citizenship revealed by the children's movement organization, Free the Children. In contrast to the relative failure of adult decision-makers to implement the participation rights of children, the contemporary children's movement advances a view of children as empowered, knowledgeable, compassionate and global citizens, who are nonetheless, like other marginalized groups, in need of special, group-differentiated protections.     

Rights in Action: The Impact of Chinese Migrant Workers’ Resistances on Citizenship Rights

There have been some debates on Chinese migrant workers’ resistances and their rising rights consciousness in the academia. This paper aims to understand the debates and their problems. This paper investigates the extent to which the forms of Chinese migrant workers’ resistance have diverse impact on their citizenship rights. The conception of citizenship rights can be analytically understood in the individual/collective form and with the passive/active nature; such a dichotomy is also applicable for that of resistance according to the action theory. Both conceptualizations and their linkages constitute an analytical framework in this paper. Within it, the various cases of migrant workers’ resistances and their connections with attainment of rights are discussed comparatively. A main finding in this paper is that the individual resistance, whether passive or active, is almost independent of rights; individuals with the PC model only wait passively for the government’s help; and the AC model (e.g. strike) is much more prospective for the attainment of collective rights, which creates a new power to balance those of state and capital in China.     

Migrant Workers or Working Women? Comparing Labour Supply Policies in Post-War Europe

ABSTRACT

Why did some European countries choose migrant labour to expand their labour force in the decades that followed World War II, while others opted for measures to expand female employment via welfare expansion? The paper argues that gender norms and the political strength of the left were important structuring factors in these choices. Female employment required a substantial expansion of state intervention (e.g. childcare; paid maternity leave). Meanwhile, migrant recruitment required minimal public investments, at least in the short term, and preserved traditional gender roles. Using the contrasting cases of Sweden and Switzerland, the article argues that the combination of a weak left (labour unions and social democratic parties) and conservative gender norms fostered the massive expansion of foreign labour and a late development of female labour force participation in Switzerland. In contrast, more progressive gender norms and a strong labour movement put an early end to guest worker programmes in Sweden, and paved the way for policies to promote female labour force participation.     

Migration and Citizen Rights: The Mexican Case1

This article analyzes Mexican migration to the United States (US), as part of the South to North global migration, and focuses on the access of migrants to citizen rights from the perspective of the sending countries. Studies of citizenship and migration have mostly looked at receiving countries' policies; however, sending countries are also enacting laws that facilitate immigrants' access to rights. The study shows that the restriction of immigrant rights in the US has been paralleled by an extension of rights to emigrants by Mexico. These policies of the Mexican state include the rights to retain nationality when migrants nationalize overseas and the extension of citizen rights to the population abroad. The study describes the efforts on the part of the Mexican state to extend civic, political and social rights to non-resident nationals. It also reveals how the results of these efforts vary substantially, depending on the nature of each one of these types of rights.     

Struggle for citizenship: interaction between political society and civil society at a Kurd refugee protest in Tokyo

This article analyzes a Kurd refugee sit-in protest staged in front of the United Nations offices in Tokyo in July–September 2004 and its implications for the interaction between political society and civil society. The refugees' protest is viewed as a moment where the line between citizens and non-citizens is redrawn. Citizens possess an exclusive right to political speech and action. Protests by refugees undoubtedly question citizens' monopoly of this right. By organizing protests, refugees, who do not have citizenship status, raise their voices, make demands, and thus request a right to speech and action. In doing so, they blur the line between citizens and non-citizens. In this process, how do citizens and refugees interact with each other? By using Partha Chatterjee's concept of political society, I examine the different tactics employed by the refugees, who are part of political society, and the citizens of civil society. The case shows that when different voices meet, the voice of civil society drowns the voice of political society: the refugees' tactics were de-legitimized by the citizens. This interaction suggests that encounters between citizens and refugees are not simply events where the refugees claim a right to speech and action, but that such encounters also involve citizens in effect struggling to secure their monopoly of the same rights.