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.     

Caught in a bad romance: displaced people and the Georgian state*

After years of frenetic cross-border movement, in 2014, a mother and daughter live in post-Soviet Georgia as practically stateless noncitizens. Recognizing the advantages of citizenship, they commit their limited resources to obtaining citizenship documents. Through an analysis of their attempts to make citizenship claims and build stable lives, this paper argues that the contemporary Georgian citizenship regime fosters a relationship that further destabilizes the lives of already vulnerable non-citizens. It does so by drawing them in with the promise of citizenship – only to deny them. Yet, Georgian citizenship law is neither uniquely malicious nor indifferent; its form of ‘inclusive exclusion’ is an inherent feature of the reigning paradigm of global citizenship. In this context, far from being passive subjects, non-citizens facing consistent official refusals and seemingly flagrant obfuscation actively attempt to both maintain their relationship with the state and transform it in their favor.     

How democratic is Japan?

The Enigma of Japanese Power: People and politics in a stateless nation, by Karel van Wolferen. Macmillan, London and Basingstoke, 1989. 496 pp. £16.95. ISBN 0–333–44321–7.     

Theorising noncitizenship: concepts,debates and challenges

Abstract

Existing political theory, particularly which deals with justice and/or rights, has long assumed citizenship as a core concept. Noncitizenship, if it is considered at all, is generally defined merely as the negation or deprivation of citizenship. As such, it is difficult to examine successfully the status of noncitizens, obligations towards them, and the nature of their role in political systems. This article addresses this critical gap by defining the theoretical problem that noncitizenship presents and demonstrating why it is an urgent concern. It surveys the contributions to the special issue for which the article is an introduction, drawing on cross-cutting themes and debates to highlight the importance of theorising noncitizenship due to both the problematic gap that exists in the theoretical literature, and the real world problems created as a result of noncitizenship which are not currently successfully addressed. Finally, the article discusses key future directions for the theorisation of noncitizenship.     

Contractualization,depoliticization and the limits of solidarity: noncitizens in contemporary Australia

Abstract

This paper seeks to analyze a particular form of noncitizenship – arising from legal long-term temporary migration – that is increasingly significant to the contemporary Australian context and to understand some of its consequences. It argues that traditional pathways of permanent settlement and full citizenship are being disrupted by new temporary migration schemes that create ‘middling’ noncitizen subjects who experience ‘patchwork’ rights and statuses across complex and diverse migration pathways. Through a close analysis of policy narratives and discourses, as well as of the existing literature on the social conditions and emerging solidarities of these noncitizens, the paper shows the various ways that noncitizenship is depoliticized and citizenship contractualized in Australia. These entwined processes of depoliticization and contractualization have intimate effects on the lives of noncitizens, and also limit and constrain the emerging solidarities that seek to challenge their exclusion. The analysis has a number of implications for the ongoing study of contemporary transformations in citizenship in other ‘immigrant democracies’ globally.     

Assembling noncitizenship through the work of conditionality

Abstract

We develop a framework for understanding noncitizenship that combines attention to systemic processes with interest in contingency and indeterminacy in the production and substantive practices associated with noncitizen legal status categories and trajectories. We argue that noncitizenship is a dynamic, multi-scalar assemblage that brings together disparate elements in patterned and changing ways. Individuals and institutions generate the formal and substantive systems that confer or deny noncitizens the formal and substantive right to be present in a country and/or to access entitlements. Noncitizens exercise agency in choosing to make claims (or choosing to not make claims) to substantive rights, and the individuals and institutions with which they interact may facilitate or hinder such claims-making. In this process, social actors are enacting conditionality; they are working to meet the conditions required to maintain presence and access. Discretion, migrant agency, unequal social interactions, and social learning unfold over time and can generate a range of experiences of noncitizenship and legal status trajectories. These do not necessarily conform to expected pathways and timelines, and may combine access to various resources and public goods in variable and contingent ways. We illustrate the framework with data from research conducted in Toronto.     

Inclusion and Public Policy: Evidence from Sweden’s Introduction of Noncitizen Suffrage

The largest disenfranchised group in modern democracies is international migrants who lack citizenship of their country of residence. Despite that noncitizen suffrage has been introduced in some countries and has been the subject of vigorous public debate in many others, there have been no systematic attempts to investigate its policy consequences. Drawing on standard models of political competition, I argue that there will be a selection bias inherent in estimating the impact of noncitizen suffrage on public policy and analyze data that are uniquely suitable to deal with this methodological problem, namely data on exogenous changes in the composition of the electorates of Swedish municipalities generated by the introduction of noncitizen suffrage. According to the results, the effect of enfranchising noncitizens on public policy was large, causing spending on education and social and family services to increase substantially in municipalities where noncitizens made up a nonnegligible share of the electorate.     

These fine lines: locating noncitizenship in political protest in Europe

Abstract

Since 2012, refugee protest camps and occupations have been established throughout Europe that contest the exclusion of refugees and asylum seekers, but that also make concrete demands for better living conditions and basic rights. It is a movement that is led by migrants as noncitizens, and so reveals new ways of thinking of the political agency and status of noncitizenship not as simply reactive to an absence of citizenship, but as a powerful and transgressive subjectivity in its own right. This paper argues that we should resist collapsing analysis back into the frameworks of citizenship, and instead be attentive to the politics of presence and solidarity manifest in these protest camps as a way of understanding, and engaging, noncitizen activism.     

From permanent employment to massive lay-offs: the political economy of ‘transitional unemployment’ in urban China (1993–8)

Abstract

The idea that economic activities may be described and studied as ‘embedded’ in social relations has been central to much debate in recent economic sociology. The present paper analyses legal struggles over the status of begging in US law and argues that conflicting rhetorical accounts of begging illustrate social actors’ efforts to articulate the interconnectedness of their social world, including the ways in which economic practices are embedded in their social and institutional contexts. The paper thus suggests that embeddedness is not just something identified by social researchers, but also a problem faced by social actors as they try to understand the socio-economic order in which they live and act. By arguing for or against the claim that begging is simultaneously an economic action and the exercise of the right to freedom of expression, the voices in this debate attempted to affect the future of this marginal economic activity.     

The business of noncitizenship

Abstract

Private actors play an increasing role in mediating the relationship between States and noncitizens and even in creating or perpetuating exclusions associated with noncitizenship. This paper offers a way to analyse the forms of engagement of the for-profit private sector in migration control and asks what it means for how noncitizenship is constructed. It presents the private sector as acting like a buffer, altering whether and how individuals may engage with a State constructing what noncitizenship means within a State’s territory, and removing so-constructed individuals from a relationship with that State. It shows how this may occur directly or indirectly, explicitly or implicitly. The paper addresses two main concerns: the impact on the State-noncitizen relationship and whether there are some areas of the relationship between the State and the noncitizen that should not be so-delegated. It argues that privatised migration control raises problems for standard justifications of migration control and noncitizenship construction.     

Immigration,society and modalities of citizenship in Singapore

In this article, I argue that three modalities of citizenship are at play in Singapore: liberal, communal and social. Using a grounded theoretical approach, I highlight the instances in which these modes of conceptualizing citizenship appear in discourse, practice and policy. While past scholarship has highlighted the contrast between liberal and communal modes of citizenship, the social mode has been largely subsumed and obscured within the rubric of communal (or communitarian) democracy and ethno-nationalist citizenship. The article analyzes the interplay among these three modes of citizenship as they played out in the discourse surrounding the 2011 General Election in Singapore. The tension between citizens and noncitizens has become a central political issue in Singapore. Less recognized, but highlighted in my analysis, liberal and communal senses of citizenship are in tension not only with each other but also with a notion of the social based on relationships of mutual benefit and obligation rather than communal, categorical belonging. Drawing on Robert Esposito's critique of modern ideas of community and (re)theorization of communitas, I argue that in the case of Singapore and elsewhere, reintroducing a notion of the social (as distinct from the communal) holds potential for discourses, practices and policies that can transcend the divisiveness associated with communalism and the socioeconomic inequalities associated with liberalism.     

Regional arrangements for providing liquidity in a financial crisis: developments in East Asia

Abstract

During the last decade three books have had a disproportionate impact on China Studies because of their controversial interpretations: Jenner's The Tyranny of History, which predicts the disintegration of the Chinese state; Menzies' 1421: The Year China Discovered the World, which describes how Chinese sailors circumnavigated the globe well before any Europeans; and Jung Chang and Jon Halliday's biography Mao: The Unknown Story. All are revisionist histories that amongst other (usually controversial) conclusions suggest there has been a conspiracy to keep the information they convey hidden. Considering their arguments and the manner of their enquiry and expression is interesting in more general ways about the construction of narrative and the nature of conspiracy, as well as about the lessons for academic research.     

The future of self-determination and territorial integrity in the Asian Century

Abstract

The twentieth century saw the rise of two important and interrelated norms. The first is the norm of self-determination, which advances the right of stateless nations to govern themselves. The second is the norm of territorial integrity, which upholds the principle that political borders should be respected. A consequence of these norms has been an increase in secessionism, a decline in conquest, and a proliferation of states. This paper will examine the development of these norms, their interrelationship, and their prospects for the future. Attention will be given to three important questions: (1) Under what conditions does a norm endure beyond a power transition? (2) How likely is an ascendant China or India to support the norms? (3) What does a power transition and the corresponding support of these norms augur for the future of secession, conquest, and the number of sovereign states?     

‘Flexicurity’ as a policy strategy: the implications for gender equality

Abstract

The ‘flexicurity’ strategy reached the top of the European Union's policy agenda in the mid-2000s. The strategy assumes an adult worker model family and aims to promote better, as well as more, jobs and to ensure that policies should further both flexibility in the labour market and security for workers. The article explores, first, the meaning of internal and external flexibility, and of employment-based security and the different implications for men and women. While the policy documents assume that flexicurity will increase gender equality, the mechanisms have not been specified. In fact, as the article shows, women are often more ‘flexible’ workers than men, particularly regarding their contractual arrangements and hours of employment. However, they tend not to be economically autonomous and, we argue, the supply-side policies advocated on the security side of the flexicurity matrix are insufficient to improve their position, which is strongly related to the gendered divisions of paid and unpaid work.     

How Japanese wallflowers turned into celebrities: self-mockery and self-revelation of the female comedy duo Harisenbon

ABSTRACT

This study examines the Japanese female comedy duo Harisenbon. By examining their approach to comedy and their reception by Japanese media and society, it discusses how they use their “ugly”, “fat” and “skinny” personas to expose Japanese social pressures upon women. It considers how both comedians present a self-image that apparently matches their stage characters, and how their interactions with mainstream media endorses the very social norms they ridicule, without directly challenging or satirising them, even if this leaves space for destabilising the assumptions on which they are based. It observes that one half of the duo, who is more successful than the other, might be due to her willingness to mock her own appearance more savagely.     

When presidential candidates voice party issues,does Twitter listen?

ABSTRACT

Presidential candidates often speak to their party’s issues because parties are thought to have “greater competence on handling” some issues versus others [Petrocik 1996, “Issue Ownership in Presidential Elections, with a 1980 Case Study.” American Journal of Political Science 40 (3): 825–850, 825]. The present study considers whether Hillary Clinton and Donald Trump tend to use different vocal inflections when talking about their party’s issues. Using the audio from the three 2016 presidential debates, we not only find Hillary Clinton and Donald Trump seem to be more emotionally invested in their party’s issues, but they use distinct vocal patterns which suggest they “own” some issues more than others. To assess whether viewers responded more positively to these different vocal inflections, we used the valence of 428,185 live-tweets. Ultimately, we found Twitter was net-positive when the candidates raised their vocal pitch while talking about their party’s issues. This suggests nonverbal cues are an important component of issue ownership.     

Defending broad neutrality

ABSTRACT

This paper interrogates Cécile Laborde’s account of the proper role of religion in the liberal state. It begins by examining Laborde’s claims that prevailing liberals are not committed to broad neutrality about the good, but rather only restricted neutrality about the good—and that they are right to do so. It argues against Laborde on both exegetical and substantive grounds. It then turns to Laborde’s minimalist conception of secularism, according to which the state must be justifiable, inclusive, and limited, and it argues that it is not sufficiently demanding. Finally, it argues that the classical liberal presumption of skepticism toward religious establishment is warranted.     

Economic interdependence and the making of trade policy: Industrial demand for an open market in Japan

Abstract

The central question of this article is how the internationalization of corporate activity has changed the trade policy preferences of Japanese corporations. Using case studies of the automobile and textile industries, the paper tests the hypothesis that as firms strengthen multinational operations, they become more committed to trade liberalization of their home market. Growing multinational operations are one of the major reasons why internationally‐oriented automakers have committed themselves to promoting the opening of keiretsu groups as well as the market access for foreign products. In the textile industry, apparel makers opposed import restrictions because of their overseas productions and intra‐firm trade. Towel manufacturers also opposed restrictions on imports of cotton yarn because they were users of imported yarn. However, large textile producers supported import restrictions in spite of their international links. Their preferences stemmed largely from their desire to maintain their domestic linkages with downstream producers.     

For a political philosophy of parent–child relationships

Abstract

In Family Values, Harry Brighouse and Adam Swift argue that parents should, in sharing values with their children and in conferring advantage upon them, act in ways that realize the intimacy that lies at the core of the value of family life. In their view, they should prescind from autonomy-inhibiting activities not required by the need to maintain intimacy. I argue that while this standard is sufficient to distinguish between permissible and impermissible practices of advantage conferral, it does not provide us with a perspicuous standard with which to distinguish among activities of value-sharing. This is because the difference between permissible and impermissible forms of value-sharing is adverbial rather than categorical. I argue moreover that even if we were to solve this problem, we would end up with another problem, to do with the unattractive nature of the state activities that would have to be set up in order to police family life. I conclude that the problem of how to enforce the child’s right to autonomous upbringing is best thought of as a political one. Schools, rather than the home, are the appropriate site for the development of autonomy, and the state appropriately regulates schools to ensure that they achieve this end.     

How do voters react when their party forms a coalition they dislike?

Abstract

While coalitions are conventionally seen as opportunities for parties to realise their policy preferences or to secure their control over political offices, recent studies show that citizens have preferences for coalitions which influence their vote choice. However, these studies do not consider how party and coalition preferences influence each other. This study uses panel data from the German Longitudinal Election Study from the 2009, 2013 and 2017 German elections to determine whether voters punish the party for which they voted for being in a coalition they dislike or, alternatively, whether they become more supportive of that coalition. We find weak evidence for the former but strong evidence for the latter.