The secular contract: sovereignty,secularism and law in Australia

What does it mean to say that a nation-state is secular? Secular law typically begins when a state has no religious competitor for authority. For this reason, it can be said that the Australian state is secular because its authority is derived from its own laws. What makes Australian law sovereign, the highest authority within the state, is its secularity. However, given Australia's colonial heritage, it is not just the absence of religious authority, such as a state religion, that gives the state its secularity. The law's foundations in colonial violence and the extinguishment of Indigenous sovereignty as a competing authority are also a crucial way in which secular Australian law can continue to operate as the sovereign authority within the state. Using the work of Charles W. Mills, I will critically interrogate how legal and political characterisations of the law as secular work to disavow the state's racialised foundations in colonial violence in the form of a “secular contract”. In developing this notion of a “secular contract” I hope to show that secularism be must re-thought of as not simply the operation of law without religion, but also, as complicit with the ways indigenous sovereignties in (post)colonial states are negated.     

Contesting belonging and social citizenship: the case of refugee housing in Armenia

Using the example of the right to housing, this article addresses the ways in which the practice of social citizenship, including popular claims and expectations and actual state provisions, has changed in post-Soviet Armenia. It examines the claims of Armenian refugees from Azerbaijan to state-provided permanent housing, which they consider the key condition for becoming ‘citizens’ and ‘locals’ in Armenia, and the Armenian state's solutions to the housing issue following the collapse of the Soviet Union. It demonstrates how the Soviet-era housing policy has left its mark on current notions and practices of social citizenship in Armenia. Even though social rights in general have decreased, notions of social citizenship are still present not only in the expectations and claims of needy refugees and citizens without housing but also in the state's acknowledgement of responsibility for its citizens' welfare (though currently providing only for those in extreme need), and in the equalising effect, the state housing programme has had for the majority of refugees who participated in it.     

Dutch civic integration courses as neoliberal citizenship rituals

The neoliberalization of the Dutch citizenship manifests itself through the responsibilization, contractualization, and marketization of civic integration. We conceptualize civic integration courses as a neoliberal citizenship ritual the migrants are required to participate in to earn Dutch citizenship. By studying the practice of Dutch civic integration, we demonstrate the repressive and productive aspects through which migrants and course providers become objects and subjects of the state's neoliberal citizenship ideology. Our ethnographic data enable us to understand how civic integration is experienced and interpreted by state agents and migrants. Cost optimization and quantitative policy targets have dominated; the quality of Dutch language teaching suffered, leaving the migrants without the power to vocalize and realize their own interests. The courses have become rituals to prepare for the civic integration examination, and the state's professed goal to create self-reliant citizens has been comfortably neglected in the shadow of a ritualized success story.     

Meso‐discourses,state forms and the gendering of liberal‐democratic citizenship

This article builds upon Michel Foucault's fleeting observation that ‘the state consists in the codification of a whole number of power relations’ and that ‘a revolution is a different type of codification of these same relations’ (Held et al., 1983, pp. 312–3). Specifically, the article uses the case of Canada to argue that distinct state forms rest on particular meso‐discourses which inform a logic of governance, historical configurations of the public and private and gendered citizenships. The meso‐discourses of separate spheres, liberal progressivism and performativity (the logics of governance for the laissez‐faire state, the Keynesian welfare state and the neo‐liberal state, respectively) have coded and recoded gendered citizenships, thereby providing women and men with differential access to the public sphere and to citizenship claims. The neo‐liberal state's meso‐discourse of performativity is especially challenging for women and all equity‐seeking groups because it prescribes the ascendency of market relations over political negotiation or ethical considerations, as well as the attrition of social and political citizenship rights. Social citizenship is being eclipsed by market citizenship.     

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.     

Competing Gender Paradigms: Gender Difference, Fetal Rights and the Case of Johnson Controls

Political debates over the concept of “fetal rights” pose in sharp relief questions regarding the meaning of biological gender difference for gender equality. Can the state's obligation to “protect” fetal health be used to modify or control women's behavior? If so, what does this mean for women's status as full and equal citizens in a democratic society? This article addresses these questions through an analysis of the political, legal, scientific and moral debates over “fetal protection policies” in hazardous workplaces.     

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.     

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?     

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.     

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.     

What's the big deal? Naturalisation and the politics of desire

This article takes the naturalisation process as a vantage point to consider how citizenship constitutes a site of emotional investment not only on the part of applicants and ‘new’ citizens but also on the part of the state. The premise of this article is that naturalisation is more than solely the admission of foreigners to the position and rights of citizenship, and it approaches naturalisation as a state practice that needs to be understood within a politics of desire. The article asks three questions: what makes naturalisation a thinkable and desirable means of acquiring citizenship? Second, what do practices of naturalisation tell us about ‘the state's attachment to particular embodiments of desirable citizens’ (S. Somerville, 2005 Somerville, S., 2005. Notes toward a queer history of naturalization. American quarterly, 7 (3), 659–675.[Crossref], [Web of Science ®] , [Google Scholar], Notes toward a queer history of naturalization. American quarterly, 7 (3), 661)? Third, ‘who may desire the state's desire’ (J. Butler, 2002. Is kinship always already heterosexual? Differences, 13 (1), 22)? Using policy documents and auto-ethnographic material, the article examines practices through which the state selects its own objects of desire and produces them as citizens, while it also produces itself as desirable. The article concludes that naturalisation distinguishes desirable from less desirable citizens through fantasies of English proficiency and birthright citizenship. In addition, the staged performance of the citizenship ceremony assures the state of its desirability by subsuming ‘as if’ enactments of citizenship.     

A feminist challenge to the gendered politics of the public/private divide: on due diligence,domestic violence,and citizenship

This article examines the feminist appropriation of the legal principle of due diligence to politicize acts of violence at the hands of private actors within the private sphere. This move expanded traditional notions of state responsibility for violence against women under international human rights law. Using frame analysis, we focus on the institutionalization of this feminist understanding of due diligence through its discursive incorporation in international human rights policy documents and its mobilization in cases of domestic violence litigated within the UN and the Inter-American and European human rights systems. Through this discursive framing work and its institutionalization, feminists have challenged the gendered politics of the public/private divide to change the terms on which differently positioned women can engage with the state and global governance institutions. We argue that this change can potentially reconfigure women's state-bounded and transnational citizenship. The implications of due diligence as a political and sociological concept require more careful consideration by citizenship and human rights scholars.     

The rule of law and citizenship in central India: post-colonial dilemmas

This article argues that the ‘rule of law’ has become a central goal in popular struggles the world over, and it is citizenship struggles which infuse the rule of law with substantive, as against a thin procedural, meaning. This is especially true in post-colonial societies like India, with a tradition of inherited colonial law designed for subject-hood rather than citizenship, growing inequality which affects both the enactment and interpretation of law, and the violation of law by those who are meant to protect it. Demanding implementation of existing laws, breaking laws that are patently unjust whether through armed struggle or non-violent social movements, or seeking to change laws in favour of new and more democratic laws, are all major avenues by means of which people express their aspirations as citizens. However, law's mutually constitutive relation with social practice means that people enter into political and legal negotiations already constituted as certain kinds of legal subjects, which constrains their imagination in certain ways.     

‘Swanning back in’? Foreign fighters and the long arm of the state

As foreign fighters have flocked to conflicts in Syria and elsewhere, their home governments have often claimed a right not only to criminalise their doing so, but also to deprive them of the right to return. This article challenges some problematic assumptions about the intersection among political allegiance, extraterritorial jurisdiction and the right of abode. It traces the origins of today’s conventional wisdom to a particular modern experience of state–society relations, including the rise of administrative ambitions that outrun the original bounds of the territorial state. In contrast, it argues for an ‘unbundling’ of state authority, prepolitical membership in society, and cross-border political action. This position would chasten overreaching views about states’ ownership of their citizens, while still leaving other ways to deal with jihadist violence.     

Culture or taxes? The conceptions of citizenship of migrants and local factory workers in Italy

A number of studies of everyday citizenship have shown that the way in which the ordinary population of a state thinks of citizenship is not unilaterally determined by the conceptions present in state's citizenship law. This work looks at what migrants and local factory workers in Ferrara (Northern Italy) think of citizenship, and what conceptions can be found behind their opinions. The research is based on 60 in-depth interviews with migrants of different origins and professions and local factory workers. While scholars consider the Italian citizenship law to be closed towards both the immigrants and those born in Italy from non-citizens, most of the interviewees have expressed the preference for the ius soli and shorter residence requirements. Almost all the interviewees believed that people with a penal record should not be naturalised, and some of the interviewees have expressed cultural conceptions of citizenship that could be demanding of the candidates. However, the stronger consensus was for a lighter, economic conception of the citizen as anyone who works and pays taxes.     

A union of gender equality and pragmatic patriarchy: international marriages and citizenship laws in Singapore

As a patriarchal society, government policies, societal norms and government regulations in Singapore mirror that normative ideal. Citizenship status and rights along gender lines, manifested in the legal recognition of children of international marriages, reflected this reality for much of Singapore's independence. However, the onslaught of globalization, the rise in international marriages, disconcerting declining birth rates, and an acceptance of ‘foreign talent’ have given the economic imperative and demographic impulse to grant citizenship (by descent) to a person born outside Singapore whose father or mother is a citizen of Singapore, by birth, registration or descent. Previously, such a person would be granted citizenship only if his/her father was a Singapore citizen by birth. This paper examines the background and contextual realities leading to the Constitution of the Republic of Singapore (Amendment) Act 2004. It argues that the landmark constitutional amendment was motivated by pragmatic considerations of demography, economics, and political governance. The paper contends that state sovereignty, while seemingly challenged by international marriages, is still preserved rather than negated. It suggests that the state's ideological apparatus vis-à-vis the family is adaptable, enabling the continued institutional influence, if not control, over the family as the basic building block of Singapore society.     

Social reproduction and the limits of a neoliberal approach: the case of Singapore

Should citizenship status confer social rights independent of an individual's economic contribution? This study approaches this question through looking at social settings in which answers are contested. Specifically, it documents and analyzes qualitative semi-structured interviews and focus group interviews with 221 Singaporean citizens. As such, it complements existing critical policy studies on shifting conceptualizations of social citizenship and the rise of neoliberal governance. Data analysis illustrates interviewees' perceptions and lived experience of neoliberal, or ‘market citizenship’, bias in state population policy. Interviewees, moreover, find existing pronatalist incentives helpful but insufficient, largely because they see a decision to have more children as a long-term commitment requiring continual investment. They call for more generous, sustained, and universal state provisions for education and health, as well as homemaker allowances, which would be closer to feminist and classical formulations of citizenship-as-social rights.     

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.     

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.