Legality and (dis)membership: removal of citizenship and the creation of ‘virtual immigrants’ in the 1967 Israeli occupied territories

This article seeks to show that liberal law continues to justify and legitimize displacements of minority populations, even in an age of universal human rights. As demonstrated by the Israeli court's 1988 decision legitimating the deportation of Mubarak Awad, citizenship and immigration laws provide juridical justifications for contemporary ethno-national settler projects. In the aftermath of a territorial conflict that defines or redefines the bounds of the state, native minority populations are vulnerable to being legally recast as ‘aliens’ or ‘virtual immigrants’. National conflict may thus be transformed by legal formalism into a question of immigration law, allowing the power relations that produce state sovereignty to slip into the background.     

Just work it out amongst yourselves: the implications of the private mediation of religious freedom

In its much-heralded report of 2008, the Bouchard-Taylor Commission struck by the Quebec government divided the resolution of contests involving religion-based claims into two realms: those which are solved in the courts and before human rights tribunals and therefore enter into formal determinations based on ‘reasonable accommodation’ and those disputes which are settled in private, with the guiding principle being responsabilisation dans la sphère privée' or ‘concerted adjustment’. In the report it is clear that the Commission prefers the second alternative for the resolution of disputes or disagreements about such things as prayer space, kirpans in schoolyards, serving pork at maple sugar farms, and religious needs in employment contexts. In this article I argue that encouraging the private resolution of issues around religious freedom, particularly in a social, legal and political climate in which there is fear and anxiety about the religious other, is an alternative that renders already vulnerable groups and individuals even more vulnerable. This in turn contributes to a situation in which they risk being oppressed and disadvantaged in a society which promises equality. Such a situation can create tension which could easily have been avoided if clear guidelines based on a beginning place of citizen equality were publicly and clearly stated by legal and political institutions.     

Postcolonial strangers in a cosmopolitan world: hybridity and citizenship in the Franco-Maghrebian borderland

Current critical theorizations within citizenship studies on the condition of migrants and refugees celebrate the nomadic dimension of the contemporary migrant/refugee figure and assign her the potential to disrupt hegemonic practices of capital and state-centric citizenship. However, such enthusiastic accounts need to exercise a sense of caution in conceptualizing the fragile and unstable condition of the migrant, and need to distinguish between various experiences of mobility, hybridity, and citizenship. Such a differentiation between these different lived experiences of citizenship echoes Aihwa Ong's critique of the ‘unified moralism attached to subaltern subjects [that] now also clings to diasporan ones, who are invariably assumed to be members of oppressed classes and therefore constitutionally opposed to capitalism and state power’. My analysis points to how class, race and language structure various experiences of mobility and citizenship and make tenuous easy celebrations of postcolonial hybridity within critical re-configurations of citizenship. I argue that practices of postcolonial mobility in the Franco-Maghrebian context have produced differentiated and unequal hybridities, and, consequently, asymmetrical experiences of citizenship. By distinguishing between various practices of mobility and hybridity, I indicate that postcolonial hybridity can also be employed to re-constitute the rigid boundaries of nation and citizenship.     

Sovereigns and citizens? The contested status of American Indian tribal nations and their members

American Indian tribal members are citizens of both tribal nations and the larger national body. Tribal nations' contemporary resurgence has made tribal citizenship politically visible, materially significant, and politically contested. Conflicts about tribal members' status are not merely racial or ethnic in character, but reflect fundamental tensions between settler societies and indigenous survivors who challenge national narratives and demand collective rights. Tribal members' dual citizenships and the conflict about them are the result of discordant federal policy legacies, tenacious tribal survival, and the erosion of racial barriers to citizenship. Differences between ethnonational tribal citizenship and republican-based US citizenship fuel public criticism in the context of widespread ignorance about treaties and tribal rights. Crucially, while legal and political dimensions of citizenship have been partly extended to tribal members, they remain excluded from the national identity.     

Acts of citizenship as a politics of resistance? Reflections on realizing concrete rights within the Israeli asylum regime

This paper investigates how Eritrean refugees in Israel and civil society organisations who engage with refugee issues contest the exclusionary politics of asylum in Israel. It presents various acts of claims-making initiated by Eritrean refugees themselves or in response to hostility by others, as well as acts inaugurated by Israeli civil society organisations on behalf of or with refugee populations. Drawing on the concept of activist acts of citizenship developed by Engin Isin, the paper subsequently analyses to what degree those acts have redefined aspects of social and political membership for Eritrean refugees in Israel. In a further step, it shows the limitations of such acts in terms of developing a solidaristic refugee-citizen agenda that profoundly challenges hegemonic public discourse and political debate. The paper concludes by arguing that activist acts of citizenship are best studied in relation to the transformative power they may have on the various individuals engaging in them, but not as a strategy for a wider politics of resistance, as ultimately nation state politics continue to determine the actual realisation of concrete rights.     

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.     

The politics of affective citizenship: from Blair to Obama

Politicians have long mobilised emotion in order to gain voters' support. However, this article argues that the politics of affect is also implicated in how citizens' identities, rights and entitlements are constructed. Examples are drawn from the positions of UK, US, Canadian and Australian politicians, including Tony Blair, David Cameron, Kevin Rudd and Barack Obama. Emotions analysed include love, fear, anxiety, empathy and hope. The article argues for the importance of a concept of ‘affective citizenship’ which explores (a) which intimate emotional relationships between citizens are endorsed and recognised by governments in personal life and (b) how citizens are also encouraged to feel about others and themselves in broader, more public domains. It focuses on issues of sexuality, gender, race and religion, and argues that the politics of affect has major implications for determining who has full citizenship rights. The Global Financial Crisis has also seen the development of an ‘emotional regime’ in which issues of economic security are increasingly influencing constructions of citizenship.     

Past and present African citizenships of slave descent: lessons from Benin

This paper takes up the notion of citizenship and ethnicity as forms of belonging in the context of globalisation. The discussion draws on a case study focusing on a Fulfuldephone servile group from Northern Benin called the Gando. Since pre-colonial times, their servile status ascribed by birth has been an argument for placing them at the margins of their society and excluding them from political participation. While still claiming their belonging to the nation-state of Benin and the Fulbe's culture, the Gando have progressively built a new social identity that is showing to be a new ethnic group. In the context of the decentralisation reform implemented in 2002–2003, the Gando have taken the opportunity to access local power; they conquered municipal power in the 2003 and 2008 local elections. In doing so they opened the gates to a full citizenship that in the context of today's Benin means a clientelistic citizenship. Contrary to recent literature focused on the simultaneous emergence of belonging dynamics and violent conflicts in the context of recent globalisation in developing countries, the author argues that belonging dynamics do not necessarily imply violent conflicts and exclusion dynamics.     

‘I can't even buy a bed because I don't know if I'll have to leave tomorrow’: temporal orientations among Mexican precarious status migrants in Toronto

This paper analyzes the links between migrant illegalization and precarious status migrants' temporal orientations. I begin by evaluating research on three research orientations in this area: (1) research that focuses on temporal contingency versus temporal teleology; (2) research about immigration status, illegalization, and time; and (3) research on the link between precarious immigration status and precarious work. I then draw on interviews with 13 Mexican migrants with precarious immigration status to discuss how immigration status affects migrants' ability to make plans, secure decent work, and experience a sense of belonging in the context of reception (Toronto, Canada). I conclude by arguing for a framework of temporal contingency when analyzing precarious status migrants' narratives of temporal orientations.     

‘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.     

‘I have so many successful stories’: framing social citizenship for refugees

The current US refugee resettlement system reflects the US government's agenda of having refugees acquire quick employment with low state welfare dependence and minimal fiscal and cultural disruption to the receiving communities. The non-governmental organizations (NGOs) assisting refugees hold broader goals for refugees, including feeling a sense of belonging in the USA. These goals represent a framing of social citizenship rights for refugees, and how NGOs frame social citizenship varies depending upon the NGOs contractual relationship with the US welfare state. Using data from 57 in-depth interviews, I describe how resettlement and assistance NGOs currently frame social citizenship for refugees in relation to market citizenship, and how their relationship with the federal government shapes this framing. Findings illustrate the role of NGOs in creating a discursive space for expanding the social citizenship rights of refugees and the ways such framing is highly constrained by the definitions of belonging that emerge from market citizenship.     

‘Women of substance’: Commodification and fetishization in contemporary advertising within the Indian ‘Urbanscape'

Advertising today has become an intrinsic part of modern culture. Apart from the obvious and tangible extolment of the virtues of a product and/or brand, more insiduously and less tangibly, advertising plays a key role in the functioning of social attitudes and values. This paper examines how advertising discourses in India, in particular the hugely successful and representative Woman of Substance’ ad campaign in the magazine Femina, transforms the manifold attitudes and qualities of the woman into commodities to be marketed; and how the ad campaign positions the woman within the nexus of her social interactions. The paper traces the economic and socio‐cultural changes that have characterised India's transition towards an open market economy to situate the role that advertising discourse plays in urban India today in the representation of the ‘Woman of Substance’. These changes have occurred in a relatively short space of time and have interacted profoundly with advertising discourse. This can best be seen in the fact that an urbanising trend in India has diversified the range of approved cultural models available to women in the search for what has come to be fashionably referred to in recent times as ‘lifestyles‘— exemplified both in the ‘Woman of Substance’ ad campaign, and the magazine itself, Femina.