Citizenship practices of non-citizens in Slovenia: ‘you cannot fight the system alone’

In the period of state formation (1991–1992), the Slovene Ministry of the Interior erased, that is, excluded from legal status, those immigrants from other parts of the former Yugoslavia who did not become Slovene citizens when citizenship was available under initial simplified criteria. Compared with the processes of independence in Estonia and elsewhere, exclusion in the form of erasure from the register of permanent residents in Slovenia extended beyond the creation of foreigners within the country (i.e. foreign citizens with the right to remain and support themselves); this exclusion created outlaws, legal freaks (Arendt) or homines sacres (Agamben) – bare human beings who were expunged from society and deprived of all former rights and roles. This article discusses the citizenship practices of the victims of the erasure and interprets these practices as emancipation processes: the erased used grass roots and legal means to attempt to obtain the right to dignity, the right to stay and the right to compensation for their ‘lost years’. The effects of their struggle went beyond matters of mere utility: by publicly defining themselves as ‘the erased’ and acting upon injustice; the erased challenged the boundaries of citizenship in terms of membership and content.     

(The) Erasure – Mass Human Rights Violation and Denial of Responsibility: The Case of Independent Slovenia

The case of the erased residents of Slovenia – when approximately 18,000 people who were mostly of Serbian, Croatian and Bosnian ethnicity, were erased from the permanent residence registry of the Republic of Slovenia – represents one of the most severe cases of administrative ethnic/racial discrimination and human rights violations in the post-communist East and Central Europe outside the conflict area. The erasure caused “civil death” of the people who were affected by the measure, depriving them of civil, political, social, and economic rights. In 2007, 4 years after the 2003 Constitutional Court decision, declaring the 1992 erasure an unconstitutional act of the state and requiring the legislator to adopt measures to reinstate the statuses of the erased people, the problem remains unsolved and unaddressed both systemically and individually, and the situation of erasure persists. This article presents the case and analyses of the framework that made the erasure possible in terms of the preparation of the majority of Slovenes to accept and even support the violations and politicians to renounce their political responsibility to those who have lost the right to have rights. This article is based on the insights of the research project Contemporary Citizenship: Politics of Inclusion and Exclusion (2000–2003) led by Vlasta Jalušič. The analysis of the case of erased was published in Jasminka Dedić, Vlasta Jalušič, and Jelka Zorn (eds.), The Erased: Organized Innocence and the Politics of Exclusion, translated from Slovenian by Olga Vuković and Marjana Karer (Ljubljana: Peace Institute, 2003), at . The authors wish to thank the anonymous reviewer for the extensive and most helpful comments.

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Borders,citizenship and change: the case of the Sami people, 1751–2008

The Sami, an indigenous people in north-western Europe, today faces the challenge of having their territory, Sápmi, partitioned among four nation states; Norway, Sweden, Finland and Russia. Whereas borders and citizenship are generally used to defend cultures, interests and territories, separating those who belong from those who do not, this perspective does not include how a non-dominant indigenous people such as the Sami is affected by the partitioning of their territory. Initially, when the first borders were established, the states showed respect and consideration for the Sami and their rights, but during the following centuries, more and more restrictions were being placed on the trans-border movement of the Sami people. In this process, the Sami also had to become citizens in one of the states, and even though the process of changing citizenship remained relatively uncomplicated up until the early twentieth century, the partitioning of the Sami into separate national arenas caused divisions within the people. This article focuses on how the establishment of state borders partitioning Sápmi and the enforced citizenship in the states affected the Sami, and how they acted in response to this development.     

Uneven inclusion: consequences of universal healthcare in Thailand

‘Post-national’ scholars have taken the extension of social rights to migrants that are normally accorded to citizens as evidence of the growing importance of norms of ‘universal personhood’ and the declining importance of the nation-state. However, the distinct approach taken by the state toward another understudied category of non-citizen – stateless people – complicates these theories by demonstrating that the state makes decisions about groups on different bases than theory would suggest. These findings suggest the need to pay more attention to how the state treats other categories of ‘semi-citizens’. This article examines the differential effects of universal healthcare reforms in Thailand on citizens, migrants, and stateless people and explores their ramifications on theories of citizenship and social rights. While the state has expanded its healthcare obligations toward people living within its borders, it has taken a variegated approach toward different groups. Citizens have been extended ‘differentiated but unambiguous rights’. Migrants have been granted ‘conditional rights’ to healthcare coverage, dependent on their status as registered workers who pay mandatory contributions. Large numbers of stateless people, however, saw their right to state welfare programs disenfranchised following passage of the new universal healthcare law before later being granted ‘contingent rights’ through a new program.     

Ethnicity,citizenship and reproduction: Taiwanese wives making citizenship claims in Malaysia

This paper focuses on the experience of one specific group of Taiwanese women married to Chinese Malaysian men to examine the contestational process of bidding for citizenship status in an ethnicized polity. Positioned within a trajectory of transnational linkages between origin and host countries, they achieve success through making use of networking links with co-ethnic Chinese Malaysian women who are well-positioned within government bureaucracy, while forwarding an argument based on familial ideology and the (reproductive) citizenship rights of their Malaysian husbands. As noncitizens, they nevertheless engage in socially contributive ‘acts of citizenship’ that signify their suitability as citizens, nonthreatening to social cohesion. Furthermore, they enhance their strategy by ethnic boundary-making efforts aimed at distancing themselves from People's Republic of China wives who constitute a stereotyped and stigmatized ‘other.’ The discussion makes a contribution to the literature on ethnicity, citizenship, and gender.     

Rights,bioconstitutionalism and the politics of reproductive citizenship in Italy

The introduction of a restrictive law on assisted reproduction in Italy in 2004 sees the privileging of a conservative model of family relations and a patriarchal conception of society. This law excludes many individuals from full reproductive citizenship. The 2004 Act excludes gay couples, single people and people who are carriers of genetically inherited conditions from access to assisted reproductive technologies. This article examines the manner in which citizen contestation of the law via Court challenges engages what Jasanoff (2011, Reframing rights: bioconstitutionalism in the genetic age, Cambridge, MA: The MIT Press) has termed a practice of ‘bioconstitutionalism’. Such a practice has led to a gradual judicial reworking of the Act, and demonstrates the power of individuals acting in concert to contest successfully draconian state action. It undoes the imposition of a biopolitical ordering on individuals and allows them, through their own continuous action, to perform a contestatory form of citizenship.     

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.     

Beyond the state? Civil sociality and other notions of citizenship

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

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.     

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.     

Restoring Ethnic Democracy: The Or Commission and Palestinian Citizenship in Israel

Israel's Palestinian citizens have historically enjoyed limited individual rights, but no collective rights. Their status as rights-bearing citizens was highlighted in 1967, with the imposition of Israel's military rule on the non-citizen Palestinians living in the occupied territories. It was the citizenship status of its Palestinian citizens that qualified Israel, a self-defined “Jewish and democratic state”, as an “ethnic democracy”. In October 2000 Israeli police killed 13 citizen Palestinians who participated in violent but unarmed demonstrations to protest the killing of non-citizen Palestinians in the occupied territories. Both the citizen Palestinian demonstrators and the police were engaged in acts of citizenship: the former were asserting their right as Israeli citizens to protest the actions of their government in the occupied territories, while the latter attempted to deny them that right and erase the difference between citizen and non-citizen Palestinians. Significantly, no Jewish demonstrator has ever been killed by police in Israel, no matter how violent his or her behavior. In November 2000 a commission of inquiry was appointed to investigate the killings. Its report, published in September 2003, is yet another act of citizenship: it seeks to restore the civil status of the citizen Palestinians to where it was before October 2000, that is, to the status of second-class citizens in an ethnic democracy. The Commission sought to achieve this end by undertaking a dual move: while relating the continuous violation of the Palestinians' citizenship rights by the state, it demanded that they adhere to their obligation to protest this violation within the narrow limits of the law. This article's key question is: could the Commission, by viewing the behavior of the Palestinian protestors as legitimate civil disobedience, have encouraged the evolution of Israel from an ethnic to a liberal democracy?     

Is the state social or the computer inhuman? Claims for state support and citizenship in post-socialist Georgia

In the discussions of citizenship in post-socialist Georgia, the topic of social entitlements predominates. Soviet social citizenship, which granted the full range of social rights, significantly shaped the people's current expectations of social rights in Georgia. In order to address the external and internal pressure for poverty alleviation, the Georgian government started reforming the social support system of the country. The cornerstone of Georgia's current social policy is a new social assistance programme, the main principle of which is to provide social benefits to the poorest families as identified by an evaluation system. This paper explores the enactment of the ‘targeted social assistance’ (TSA) programme in a village in north-western Georgia. By participating in the TSA programme, Georgian citizens exercise social citizenship as a practice of bargaining for universal social rights that at present are not achievable for all as the state provides social security only to extremely needy families. The category of social citizenship described by T.H. Marshall helps us to understand the claims of Georgian citizens for state support. The discrepancy between social security and social citizenship causes people to misunderstand the goals of the TSA programme and this ultimately leads to dissatisfaction among Georgia's citizenry.     

The US Alien Tort Claims Act of 1789, the US Torture Victims Protection Act of 1992, and the Gongadze Case: A Right without Adequate Remedy?

The US 1992 Torture Victims Protection Act (TVPA) strengthens the reach of the 1789 Alien Tort Claims Act (ATCA) to US citizens alleging claims of torture and/or extrajudicial killings that occur abroad, but only if the plaintiffs were US citizens at the time of the criminal acts. Should the later-in-time statute, which gives effect to the United Nations Convention against Torture and extends remedies under the ATCA, be amended to apply to those given political asylum in this country from the moment of their entry? Is not the limbo status of victims given haven in the USA but not automatic citizenship, victims who rightly need resolution of brutal facts which occasioned rupture with their country of origin, a situation that cries for more precise remedy? This note explores this issue as raised by the case of Myroslava Gongadze, the widow of slain political journalist Georghy Gongadze in the Ukraine in September 2000. Only three of the perpetrators, policemen who say they followed orders, were put on trial in 2007–2008. Those who allegedly gave the orders for the killing continue to evade justice.     

Ethnicizing citizenship,questioning membership. Explaining the decreasing family migration rights of citizens in Europe

Citizenship does not equal belonging. In this paper, we investigate how the disjunction between the ‘imagined community’ and the formal citizenry impacts on citizens’ rights. In particular, we analyse decision-making on the family migration rights of citizens in France, Germany and the Netherlands. Our analysis shows that in these three countries, notwithstanding their different migration and citizenship regimes, the reduction of citizens’ family migration rights is based on the same discursive mechanism: the ‘membership’ of citizens of migrant origin who marry a partner from abroad is called into question. As they are excluded from membership of the imagined community, their entitlement to family migration rights is decreased. Ethnic conceptions of national community, intersecting with gender and class, play a crucial role in shaping the rights attached to citizenship in Europe today.     

Vigilantes,gangsters, and alcohol: clashing citizenship regimes in postwar Guatemala

In this volatile moment in Latin America, when relations between the state and citizens are in flux, people at the margins of society draw on various notions of citizenship in social conflicts over proper behavior and the common good. I examine an intergenerational conflict over the legality of alcohol in an indigenous village in Guatemala to show how its protagonists creatively recombine different aspects of the various citizenship regimes that they have encountered. Elders have formed vigilante justice groups to combat the youth they consider gangsters. While the vigilantes draw upon a discourse of obligation to justify their actions, the generation below them counters with a language of rights. Some argue that citizenship is less meaningful in contexts where state power is ambiguous and extralegal violence is commonplace. I argue that in such contexts, it is not that citizenship does not have meaning, but rather that its meaning is intensely contested.     

Reconfiguring citizenship and nationality: dual citizenship of Taiwanese migrants in China

Many researchers have redefined citizenship to better understand the membership status aspired and demanded by contemporary migrants. As a result, the concept of ‘membership’ as opposed to citizenship was proposed in delineating the decoupling between citizenship and nationality; immigrant demands for rights and state policies in response can thereby be interpreted without considering the political meanings of citizenship. However, the decoupling of citizenship and national identity can be challenged when it comes to dual citizenship, especially when the homeland and host states are engaged in political tensions. This article examines the shifting policies of China (the People's Republic of China, or PRC) and Taiwan (the Republic of China, or ROC) towards the citizenship conferred to Taiwanese migrants in China. The findings of this research suggest that political dimension (including political rights and obligations) should be regarded as an integral part of citizenship (i.e. national membership) especially in the rival-state context. The Taiwan–China case can contribute to our understanding of citizenship policy changes under the double pressure of inter-state rivalry and globalization. The globalizing forces help create conditions for ‘flexible citizenship’ in the ‘zones of hypergrowth’, while in the case of Taiwan–China inter-state competition draws governments and people back to zones of loyalty, the nationally defined memberships.     

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.     

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.     

Introduction: claiming social citizenship

Social citizenship in the classical sense of T.H. Marshall has been declared to be eroded and to have lost its significance. The introduction to this special issue challenges this assumption and argues that recent anthropological work on social citizenship in post-colonial, post Cold War and post-socialist states have shown that social citizenship is relevant and is being claimed by citizens of these states. Historical notions of citizenship as well as claiming rights to state support in return for having worked for the state are at work here. Furthermore the contributions to this issue illustrate how notions and practices of social citizenship compete and sometimes replace other practices of claiming citizenship on the basis of ethnicity, nationality or cultural ties.     

The ‘problem’ with youth: young people,citizenship and the community

Fears that we are experiencing a crisis in citizenship have been increasingly directed towards youth. Popular political and government rhetoric has frequently positioned young people as a threat to the healthy functioning of citizenship and democracy. Policies have been implemented to educate them and control their behaviour, particularly in their local communities, in an attempt to foster them as citizens deemed appropriate to join adult society. This article provides evidence to the contrary, of young people who wish to be part of their local communities and incorporated in the development of relationships of mutual trust and respect. In this context it is argued that the New Labour government's approach to renewing citizenship for the modern age is contributing to the alienation of young people from any sense of inclusive citizenship. It is put forward that if we are truly concerned with the engagement and empowerment of young people, what is needed is a broader definition of citizenship that enables them to participate as young citizens and respects their voices as an important part of a fair society. This, it is argued, would entail a departure from currently dominant conceptions of citizenship towards, instead, a cultural citizenship approach.