Second-class citizens? Gender in African citizenship law

In recent publications, Manby (2009, 2010) has pointed out serious inequities in African citizenship laws. As women are one of the largest groups at risk of unequal treatment, we systematically examine sub-Saharan African citizenship laws for discriminatory provisions and language. We find that for laws currently in force, legal treatment of women is uneven, both across the continent and within countries. We consider the role gender plays in transmitting citizenship to children, as well as differences between the genders in citizenship transmitted through marriage. Some countries are gender neutral in most or all aspects of the law, others are gender neutral with respect to parents and children but favor men in transmitting citizenship to their wives, and others still discount the role of women in both respects. We employ quantitative methods to understand the background conditions that influence citizenship law, finding that temporal and demographic factors have some systematic influence. To understand when and how citizenship laws may change, we examine case study evidence of women's movements as a means for bringing about gender equality, finding that targeted legal action or major constitutional overhauls can help render citizenship laws more gender neutral.     

Constructions of migrant rights in Canada: is subnational citizenship possible?

Devolutionary trends in immigration and social welfare policy have enabled different levels of government to define membership and confer rights to people residing within the political boundary of a province or municipality in ways that may contradict federal legal status. Drawing upon theories of postnational and deterritorialized citizenship, we examined the legal construction of social rights within federal, provincial, and municipal law in Toronto, Ontario. The study of these different policy arenas focuses on rights related to education, access to safety and police protection, and income assistance. Our analysis suggests that the interplay of intra-governmental laws produces an uneven terrain of social rights for people with precarious status. We argue that while provincial and municipal governments may rhetorically seek to advance the social rights of all people living within their territorial boundaries, program and funding guidelines ensure that national practices of market citizenship and the policing of non-citizen subjects are reproduced at local levels.     

Counter-Hegemonic Citizenship: LGBT Communities and the Politics of Hate Crimes in Canada

Relying on a case study in which violence targeted at lesbians, gays, bisexuals and transgendered (LGBT) individuals and strategies used to counter this violence is examined, this paper argues that public policies and laws that aim to protect groups cannot guarantee access to substantive citizenship. They can, however, be used as a resource by oppressed groups to force a shift in the boundaries of the citizenship regime. Considering that violence targeting LGBT people (hate crimes, discrimination, etcetera) is an indicator that they are denied access to substantive citizenship, this paper examines how the citizenship of LGBT people can be extended in ways that allow this group to enjoy substantive citizenship. Citizenship is a useful lens to assess power relations, understand situations of oppression and develop strategies to challenge this oppression. Relying on the concept of citizenship regime and informed by work on radical democracy, the author introduces the Gramscian notion of hegemony. In doing so, she proposes a new way of thinking about citizenship. Her model, counter-hegemonic citizenship, brings us to consider citizenship as a process, rather than a status or a set of rights, and to focus on meaningful struggles that can lead to the redrawing of the boundaries of the citizenship regime for all oppressed groups. This paper inscribes itself in a body of literature concerned with struggles for equality and the role of laws and public policies for achieving this end.     

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.     

Workers without rights as citizens at the margins

This article presents a normative account of citizenship which requires respect for labour rights, as much as it requires respect for other human rights. The exclusion of certain categories of workers, such as domestic workers, from these rights is wrong. This article presents domestic workers as marginal citizens who are unfairly deprived of certain labour rights in national legal orders. It also shows that international human rights law counteracts the marginal legal status of this group of workers. By being attached to everyone simply by virtue of being human, irrespective of nationality, human rights can complement citizenship rights when both are viewed as normative standards. The example of domestic work as it has been approached in international human rights law in recent years shows that certain rights of workers are universal. Their enjoyment cannot depend on citizenship as legal status or on regular residency. The enjoyment of labour rights as human rights depends, and should only depend, on the status of someone as a human being who is also a worker.     

Contests of citizenship: A comment

The language of citizenship is one of authority, legitimation and contest. Citizenship rights were brought about in some parts of Europe through struggle and revolution, and even then excluded the masses and women. But the ‘law‐state’ and constitutions they established were the necessary conditions for subsequent struggles by these sectors for inclusion and ultimately for cultural and social citizenship. The advocacy of human rights is frequently denounced as ‘Western’ imposition of an individualism alien to other cultures, but these culturalist defences act as a cover for communitarian and state authoritarianism. The establishment of legal rights does not contradict social bonds, but can ensure reciprocity of obligations and protection from communal authority. This is specially pertinent for women. Social bonds are not peculiar to the ‘East’ or ‘South’, but are universal, including the mythical ‘West’, and legal rights for the individual are a necessary condition for achieving justice in social relations.     

State,citizenship, and the urban poor

This paper examines the dynamic, moving relationship between three concepts – those of life, law, and exception. Following a brief exposition of these concepts, this paper provides an ethnography of struggles over housing waged by the urban poor in a squatter colony in Noida that adjoins the city of Delhi, India. I argue that each concept in this triad exerts force on the other and is the dynamic relation that creates the conditions of possibility for the emergence of claims over citizenship for the urban poor. In suggesting that citizenship is a claim rather than a status, which one either has or does not have, the article shows the precariousness as well as the promise for the poor of ‘belonging’ to a polity. Joining the discussion on the politics of life, the paper argues that the notion of life allows the mutual absorption of the natural and the social, and thus illuminates aspects of citizenship forged through the struggles waged by the poor for their needs. These are aspects of citizenship which remain obscure if we reduce democratic citizenship to the domain of rational deliberative processes alone.     

Techniques of Citizenship: Health and Subjectivity in a New and Predominantly Inuit Territory

The lives and citizenship struggles of migrant workers, Indigenous peoples, immigrants, and others shape current thinking about citizenship, suggesting that it is an ongoing process of engagement. These struggles are often framed in citizenship terms because they are struggles for particular kinds of membership and participation within and beyond nation-states. They are, however, collective struggles for new space and suggest that treating citizenship simply as membership is inadequate. They demand, rather, recognition of both individual and collective subjectivities that emerge through efforts to shape and govern their own communities. This paper explores the relationship between the Inuit of the Central and Eastern Arctic and mechanisms of Canadian citizenship—those of national and territorial health institutions and discourse. In April 1999, the establishment of the new Canadian territory of Nunavut, with a population that is 85% Inuit, marked an important moment in both Inuit and Canadian histories. Through a qualitative exploration of the unfolding of health governance in this new territory, the paper examines how Nunavummiut (people of Nunavut) take up and challenge notions of health, governance, Canadian, Inuit, and Nunavummiut. It considers two discourses of health through which Nunavummiut, and others, employ “techniques of citizenship”, shaping both hybrid subjectivity and conceptions of health, giving rise to both constraint and resistance as Inuit Nunavummiut envision their engagement in health governance and in the collective Inuit struggle for self-determination.     

Ethnic Citizenship in the Slovenian State

This article presents some crucial and typical experiences of people who were erased from the Registry of Permanent Residents of the Republic of Slovenia in 1992. In the process of forming the new Slovenian state in 1991 (after the collapse of former Yugoslavia), the body of citizens was newly defined according to the principle of ius sanguinis. This means that ethnic Slovenians who until then were Yugoslav citizens automatically became Slovenian citizens. Permanent residents of Slovenia who ethnically originated in other republics of former Yugoslavia had to file an application to acquire Slovenian citizenship based on Article 40 of the Citizenship of the Republic of Slovenia Act. Approximately 0.9% of Slovenia's population (18,305 people) did not succeed in obtaining Slovenian citizenship because either they did not file an application or their application was rejected. These people were erased from the Registry of Permanent Residents by the Ministry of Internal Affairs on 26 February 1992. The Ministry carried out this secret erasure without any legal basis. The Aliens Act entered into force for the erased which then annulled all their previously acquired rights; legally and formally they were made equivalent to migrants who cross borders illegally. Thus, the people erased from the Registry of Permanent Residents were suddenly left without any rights: the right to a residence in Slovenia (in their homes with their families), the right to cross the state borders, and all other economic, social and political rights. The implementation of the erasure concerns the suspension of basic human rights, the annulment of the principles of a legal state and the production of redundant people. The author argues that the erasure from the Registry of Permanent Residents is constitutive of Slovenian citizenship: the erasure established certain power relations in society and a certain type of democracy.     

Social Citizenship of Young People in Europe: A Comparative Institutional Analysis*

This article explains the diversity of young people’s access to social welfare by distinguishing between two models of social citizenship in a comparative analysis of 15 Western European countries. On the one hand, social citizenship can be familialized, when young people are considered as children and therefore do not receive state benefits in their own name. This form of citizenship is found in Bismarckian welfare states, based on the principle of subsidiarity. On the other hand, it can be individualized, in which case young people can be entitled to benefits in their own right, insofar as they are considered as adults. This form of social citizenship is found more in Beveridgean welfare states.     

On the promise and perils of citizenship: heuristic concepts,Zimbabwean example

Increasingly, struggles in the name of citizenship inspire and catch the imagination and support of individuals and groups found in a variety of locales within a nation as well as transnational spaces. At the same time, their consequences may be quite different from the assumptions and dreams of those involved in perpetuating and imagining these struggles. To analyse how new social citizenship claims can embolden and channel struggles in particular directions with varied results – the promise and perils of citizenship more broadly – I suggest that one should pay attention to the promulgators of such visions of citizenship, the techniques of promoting their claims and the cultural politics and political economies of belonging in the locales of mobilization. Drawing on an ethnographic example of a farm labour struggle in the late 1990s in Zimbabwe, I explore the importance of attending to wider shifts in the political importance of citizenship as well as its entanglement in particular localities. Through examining how farm workers are situated through such struggles, I show the promise and limits of citizenship in addressing social justice concerns of a group historically marginalized through racialized, classed and gendered processes.     

Court pedagogies and the construction of passive ordinary citizens in the French banlieue

ABSTRACT

This article contributes to conceptualizations of the pedagogical state by analyzing judicial spaces, beyond the courtroom, as key sites of citizenship formation. I explore pedagogical sessions organized by a judicial structure in France, whose geographical proximity to seemingly non-integrated populations in the banlieue allows it to teach them the laws, rules, and institutions that support citizenship. I argue that the pedagogical court seeks to construct governable ‘passive ordinary citizens’ whose main duty is to embody and practice the basic rules of socialization – respect for others and the rule of law – in their ordinary lives as a strategy of crime prevention. In that sense, courts are able to redefine not only the procedural but the substantive elements of citizenship as well.     

‘In Canada of all places’: national belonging and the lost Canadians

This paper explores the role of kinship and ethnicity in the designation of Canadian citizenship. Using the phenomenon of Lost Canadians – people whose citizenship status is ambiguous due to conflicting laws, unfamiliarity with requirements to maintain citizenship and quixotic enforcement of these requirements – the paper offers evidence for the kinship basis of a contemporary liberal democracy and reveals the degree to which a Canadian ethnic identity is operative in this settler society. But the objective of the analytical exercise is not to rest at the observation that Canadian nationalism is ethnic. Rather, by examining the ways in which the complex rules of Canadian citizenship define or exclude people from citizenship, we see how thoroughly rule-bound the status of national belonging really is. It thus might be observed that Canadian nationalism, indeed, all nationalisms, are civic since they rest on rules for belonging. Once we notice the rule-boundedness of belonging it becomes possible to disentangle these rules – kinship rules – from their connections to nature and biology and thus to appreciate their social character. From this vantage we might begin to think about alternative, and potentially more democratic, forms of belonging.     

The Making of Mexican Illegality: Immigration Exclusions Based on Race,Class Status,and Gender

This article examines the history of US citizenship and deportation policies that have always been based on race, class status, and gender, as well as the effects of such policies on the making of Mexican illegality. Mexicans have been constructed as unassimilable and a threat to the US national polity. They are also viewed as working class likely to become a public charge. Mexican women have been imagined as extremely fertile and while their production has been desired, their reproduction has been feared. These social, political, and legal constructions resulted in the creation of Mexican illegality despite time of residence in the United States, ties to US citizens, or birthright citizenship. While scholars have documented immigration laws that have expatriated US citizen women (mainly of European racial backgrounds), policies that allowed for the deportation of “public charge” cases, and the racialization of Mexicans, who were once considered legally white for naturalization processes; the three identity-based exclusions have not been examined together to understand Mexican experiences in the United States. This article utilizes a racial, class, and gendered analysis to understand the making of Mexican illegality that began with the 1790 citizenship statue in which the United States Congress limited US citizenship rights to “free ‘white people’ and women’s citizenship was determined by their fathers or husbands.” The making of Mexican illegality continues with today’s immigration restrictions that perceive Mexicans as a threat to: national security, the white racial makeup of the country, and the stability of the economy.     

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.     

Rethinking Democratisation and Citizenship: Legal Pluralism and Institutional Reform in Guatemala

The December 1996 peace settlement in Guatemala agreed a series of institutional reforms in order to recognise the rights of the country's indigenous peoples; some 23 different ethno‐linguistic groups which make up 60% of the overall population. This article explores the relationship between pluri‐culturalism, citizenship, democracy and law in the contemporary politics of Guatemala. While territorially autonomous regions or separate legal jurisdictions are often proposed as a means to ensure indigenous rights, I argue that within a framework of post‐conflict reconstruction, integration with a measure of autonomy for democratically organised communities is the ideal. This is linked to development of an integrative form of citizenship which combines both social membership and identity and rights. Finally, I argue that support for pro‐active efforts to challenge the legacies of authoritarianism, militarisation and inequality will be necessary in order to strengthen democracy, build a culture of citizenship and increase justice.     

社会管理创新背景下的网络反腐法治化建设

社会管理创新的发展方向是法治化,网络反腐是社会管理发展的产物,必须在法治的轨道中运行。因此,网络反腐法治化也是社会管理法治化的题中之义。网络反腐离不开法治,网络反腐本身也蕴含着深刻的法治理念。构建网络反腐法治化体系,必须厘清当前网络反腐发展中存在的问题,完善我国网络侵权法律制度,增强对举报人的保护力度,逐步建立官员财产公示制度,使我国网络反腐在法治的轨道中不断发展完善。     

The Politics of Multiscalar Citizenship: The Case of Lesbian and Gay Organizing in Canada

Citizenship is increasingly viewed as a multiscalar social practice, constituted and contested at local, urban, national and transnational scales. This paper attempts to bring this insight to bear on the study of queer social movement politics. A multiscalar perspective, we argue, enriches our understanding of contemporary LGBT citizenship struggles. Using qualitative case studies of lesbian and gay organizing at the pan-Canadian and urban levels in Canada, the paper demonstrates the relationships that exist between and among citizenship struggles and practices across scales. Queer political struggles at the urban level diverge widely from those at the pan-Canadian level. By using a multiscalar approach, we are able to demonstrate these critically important political differences. The paper contributes to an understanding of multiscalar citizenship by showing the different forms of politics that are produced at different scales of social movement organizing.     

We are all denizens now: on the erosion of citizenship

This article makes a contribution to the general theory of citizenship. It argues that there is a need for a supplementary concept of ‘denizenship’ to illustrate changes to and erosion of postwar social citizenship as famously described by T H Marshall. The first aim is to construct a more theoretically developed idea of what the concept of a ‘denizen’ means in sociological terms. In its conventional meaning, this term describes a group of people permanently resident in a foreign country, but only enjoying limited partial rights of citizenship. I label this Denizenship Type 1. By contrast, Denizenship Type 2 refers to the erosion of social citizenship as citizens begin to resemble denizens or strangers in their own societies. The argument then is that there is a general convergence between citizenship and denizenship. As such, Denizenship Type 2 provides a possible supplement to the various terms that have recently been proposed, such as flexible citizenship, semi-citizenship, or precariat to describe the attenuated social and economic status of citizens under regimes of austerity and diminished rights and opportunities. As the life chances of citizens decline, they come to resemble denizens. One illustration of this basic transition is to be found in the changing nature of taxation. This observation also allows me simply to observe that the political economy of taxation has been somewhat neglected in the recent literature on citizenship where questions about identity and subjectivity have become more dominant. As a result of these socio-economic changes, the modern citizen is increasingly merely a denizen with thin, fragmented, and fragile social bonds to the public world. The corrosion of the social, economic, political, and legal framework of citizenship offers a new slogan: ‘we are all denizens now.’     

On the durability and the decomposition of citizenship: the social logics of forced return migration in Cape Verde

This article explores the impact of deportation, a state practice increasingly applied by European and North American governments, on notions of sociality in transnational social fields. In particular, it concentrates on the dynamics between formal citizenship on the one hand and the moral economies of belonging and membership on the other. Drawing on anthropological fieldwork in Cape Verde, where deportation is producing a new social minority, this article examines the confluence of social and formal legal practices of exercising membership in transnational fields. After summarising the constitutive features of Cape Verdean transnational social formation, the trajectories and perspectives of deportees are highlighted in relation to their family networks, as well as in their encounters with the wider society and state structures. It is argued that understandings of social inclusion and perceptions of membership are embedded in moral discourses on ‘law’ and ‘justice’ as they circulate within transnational social fields. In the context of forced return migration, citizenship emerges as an arena for claiming legitimacy and integration and likewise becomes a key mode of the formulation of conditionalities for integration and social exclusion.