Migration,Precarization and the Democratic Deficit in Global Governance

This article attempts to provide a critical understanding of the dual signification of “precarity”. It explores what “precarity” as a concept may potentially offer to studies of the changing contemporary political economy of migration. It discusses shifting trends in global migration and point to tendencies for a possible convergence between “South” and “North”, “East” and “West”. Based on a review of current advances in research, it discusses, with reference to the classical work of Karl Polanyi, the potential for a contemporary “countermovement” which would challenge the precarity of migrants. Bringing forward the issue of the “space for civil society” the article addresses a still lingering democratic deficit in the global governance of migration.

Policy Implications

The article is relevant to policymakers, trade unions and civil society organizations. It contributes to the understanding of policy making processes in emerging multilevel global governance and focuses on issues of precarization, migration, and the implementation and accountability of human, migrant and labour rights.     

Citizenship: reflections on a relevant but ambivalent concept for persons with disabilities

This article examines the significance of citizenship with respect to disability. The article first highlights the idea of citizenship as ‘social contract’. This means the possession of civil, political, economic, cultural and social rights as well as the exercise of duties in society. Due to societal barriers, many disabled persons have difficulties fulfilling citizenship roles. Further, this article draws on citizenship theories; it examines three types of citizenship participation – the social citizen, the autonomous citizen and the political citizen – and discusses their promises and ableist implications. To counterbalance the exclusionary aspects of citizenship, we argue that human rights prove important. At the same time, human rights are more easily proclaimed than enforced and citizenship remains a precondition for effectively implementing human rights. The article concludes that citizenship is a relevant but also ambivalent concept when it comes to disability; it calls for a critical understanding of citizenship in Disability Studies.     

Tensions and unity in the struggle for citizenship: Swedish disability rights activists claim ‘Full Participation! Now!’

This article analyses the claims of contemporary disability rights activists mobilising in a context where de facto second-class citizenship co-exists with legal and political declarations about the rights of disabled people. As an empirical case, it focuses on the blog ‘Full Participation.Now’, which was initiated by disability rights activists in Sweden. Drawing upon citizenship research, the article points to the tensions and dilemmas featuring the bloggers’ demand for participation and equality, as well as the challenges relative to their struggle. Although the bloggers formulate contrasting arguments, the article highlights that the activists share a common aspiration for ‘full citizenship’.     

Cosmopolitanism: The Foundational Ground for a More Inclusive Understanding of Belonging to Protect the Human Rights of North Korean Stateless Women

In this article, I will examine the use of the notion of cosmopolitanism to address the exclusionary nature of citizenship. Citizenship is a contemporary social norm that privileges citizens and discriminates against others, leading to consequent human rights violations experienced by stateless populations. I will use the case study of North Korean stateless women who reside in China and who are victims of human trafficking as an example of stateless people who lack legal guarantees for human rights. By uncovering the way citizenship operates as a social structure that deprives people of their human rights, I will argue for Seyla Benhabib's notion of cosmopolitanism, which pursues a more inclusive notion of belonging and necessitates institutional changes. These include the juridical implementation of improved immigration policy and citizenship law, involving the cooperation of the global society, to recognize the dignity of the stateless and protect their human rights.     

The erosion of citizenship

The Marshallian paradigm of social citizenship has been eroded because the social and economic conditions that supported postwar British welfare consensus have been transformed by economic and technological change. This article argues that effective entitlement was based on participation in work, war and reproduction, resulting in three types of social identity: worker-citizens, warrior-citizens and parent-citizens. The casualization of labour and the technological development of war have eroded work and war as routes to active citizenship. Social participation through reproduction remains important, despite massive changes to marriage and family as institutions. In fact the growth of new reproductive technologies have reinforced the normative dominance of marriage as a social relation. These rights of reproduction are described as 'reproductive citizenship'. The article also considers the role of voluntary associations in Third-Way strategies as sources of social cohesion in societies where social capital is in decline, and argues that the voluntary sector is increasingly driven by an economic logic of accumulation. With the erosion of national citizenship, Marshall's three forms of rights (legal, political and social) have been augmented by rights that are global, namely environmental, aboriginal and cultural rights. These are driven by global concerns about the relationship between environment, community and body such that the quest for social security has been replaced by concerns for ontological security.     

Democratising Migration from the Bottom Up: The Rise of the Global Migrant Rights Movement

Abstract

This paper discusses the link between international migration and democratisation from an actor-oriented perspective on the basis of the mobilising efforts by key civil society actors engaged in the promotion of the rights of migrant workers through developing strategies towards movement building and by capitalising on political opportunities that have appeared on the global level. Being pitched at the global level and at organising patterns via the network form, the analytical framework developed takes as its starting point global justice perspectives and then builds upon insights from social movement and constructivist International Relations scholarship. It is argued that what is emerging are (1) movement practices in migrant rights networks which are putting forward increasingly coherent claims that transcend the conventional thinking about global governance and human rights (rights-assuming advocacy); and (2) that such practices are effectively transgressing interstate political arenas (participatory, rights-producing politics). It is on the basis of the cooperation between the 2 main protagonists, trade unions and migrant rights associations, that strategic positioning of migrant rights issues within the global policy debate is taking place, with the aim of promoting a rights-based approach (RBA) to migration and its governance. The combination of rights-producing politics and rights-assuming advocacy is expressed in the RBA to migration which involves the reframing of migrants rights as well as attempts to democratise migration governance in participatory terms.     

The UK Migrant Cap,Migrant Mobility and Employer Implications

Advocates of the “borderless world” thesis suggest that migrant workers can benefit from employment opportunities available everywhere, with workers simply migrating towards these opportunities. However, as global inequalities widen and potential global mobilities develop, states are “managing” migration. Individual migrant “agency”, its structuration, and the subsequent experiences of migrants and employers, can restrict such mobility. Consequently, there is a need to describe and problematize the new strategies. This article considers these issues with reference to the emerging impact of the migrant cap on non‐European Economic Area (EEA) migrants to the United Kingdom (UK). It explores the links between immigration and employment rights and the implications for migrant mobility. Policies of “managed migration” frequently do not take into account issues of geography and intra and inter regional competition for migrants by employers operating in sectors with skill shortages, or differential migrant “agency” in the form of their skills and attributes. This may impinge on the effectiveness of such approaches and on economic prosperity at a national, regional and local scale.     

Regional Organizations and Intra-Regional Migration in Sub-Saharan Africa: Challenges and Prospects

Africa is a region of diverse migration circuits relating to origin, destination and transit for labour migrants, undocumented migrants, refugees and brain circulation of professionals.
This article outlines major migration configurations in the region, and the role of two vibrant subregional organizations — Economic Community of West African States and South African Development Community — in facilitating, containing or curtailing intra-regional migration which takes place within diverse political, economic, social and ethnic contexts; the transformation of brain drain into brain circulation; and commercial migration in place of labour migration within the region.
Despite overlapping membership, wavering political support, a poor transportation network, border disputes and expulsions, these subregional organizations are crucial for the region's collective integration into the global economy, and to enhance economic growth and facilitate labour intraregional migration.
Free movement of persons without visa, adoption of ECOWAS travellers' cheques and passports, the creation of a borderless Community; and the granting of voting rights and later citizenship and residence permits by South Africa to migrant workers from SADC countries are positive developments.
These organizations need to foster cooperation between labour-exporting and recipient countries, implement the protocols on the right of residence and establishment; promote dialogue and cooperation in order to harmonize, coordinate and integrate their migration policies as envisioned by the 1991 Abuja Treaty establishing the African Economic Community.     

Citizenship and inequality in a global age

Although the notion of national citizenship has long held the promise of equal membership, it has proved less useful in a world of circulating cultures, people, and loyalties through money, media, and migration. The increasing mobility of capital and people across national borders compels us to conceptualize welfare and inequality at the global level. Although the enforcement of citizen rights remains within the purview of the nation‐state, the source of these rights can no longer be firmly placed within the national framework. From cosmopolitan imaginations to postnational research, contemporary configurations of citizenship trace their legitimacy to global discourses that increasingly challenge the national order of citizenship. Yet current transformations in citizenship also point to the possibility of new inequalities, particularly, when nation‐states are increasingly able to modulate the rights they make available to immigrants, and differentiate among refugees, professionals, and investors among many other categories of people.     

Migrant Membership as an Instituted Process: Transnationalization,the State and The Extra‐Territorial Conduct of Mexican Politics1

How should we conceptualize membership, citizenship and political community in a world where migrants and their home states increasingly maintain and cultivate their formal and informal ties? This study analyzes the extra‐territorial conduct of Mexican. politics and the emergence of new migrant membership practices and relations between migrants and home states. Standard globalist, transnationalist or citizenship theories cannot properly contextualize and analyze such practices. I propose that we rethink the concept of membership in a political community not only as a Marshallian status granted by states, but also as an instituted process embedded within four other institutions and processes: home state domestic politics; the home state's relationship to the world system; a semi‐autonomous transnational civil society created in part by migration; and the context of reception of migrants in the United States. A main conclusion is that the state itself plays a key role in creating transnational political action by migrants and new migrant membership practices. The article draws on printed sources and interviews and ethnography done since 1990.     

Human Rights of Migrants: Challenges of the New Decade

This review summarizes main trends, issues, debates, actors and initiatives regarding recognition and extension of protection of the human rights of migrants. Its premise is that the rule of law and universal notions of human rights are essential foundations for democratic society and social peace. Evidence demonstrates that violations of migrants' human rights are so widespread and commonplace that they are a defining feature of international migration today. About 150 million persons live outside their countries; in many States, legal application of human rights norms to non‐citizens is inadequate or seriously deficient, especially regarding irregular migrants. Extensive hostility against, abuse of and violence towards migrants and other non‐nationals has become much more visible worldwide in recent years. Research, documentation and analysis of the character and extent of problems and of effective remedies remain minimal. Resistance to recognition of migrants' rights is bound up in exploitation of migrants in marginal, low status, inadequately regulated or illegal sectors of economic activity. Unauthorized migrants are often treated as a reserve of flexible labour, outside the protection of labour safety, health, minimum wage and other standards, and easily deportable. Evidence on globalization points to worsening migration pressures in many parts of the world. Processes integral to globalization have intensified disruptive effects of modernization and capitalist development, contributing to economic insecurity and displacement for many. Extension of principles in the Universal Declaration of Human Rights culminated in the 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. With little attention, progress in ratifications was very slow until two years ago. A global campaign revived attention; entry into force is likely in 2001. Comparative analysis notes that ILO migrant worker Conventions have generally achieved objectives but States have resisted adoption of any standards on treatment of non‐nationals. A counter‐offensive against human rights as universal, indivisible and inalienable underlies resistance to extension of human rights protection to migrants. A parallel trend is deliberate association of migration and migrants with criminality. Trafficking has emerged as a global theme contextualizing migration in a framework of combatting organized crime and criminality, subordinating human rights protections to control and anti‐crime measures. Intergovernmental cooperation on migration “management” is expanding rapidly, with functioning regional intergovernmental consultative processes in all regions, generally focused on strengthening inter‐state cooperation in controlling and preventing irregular migration through improved border controls, information sharing, return agreements and other measures. Efforts to defend human rights of migrants and combat xenophobia remain fragmented, limited in impact and starved of resources. Nonetheless, NGOs in all regions provide orientation, services and assistance to migrants, public education and advocating respect for migrants rights and dignity. Several international initiatives now highlight migrant protection concerns, notably the UN Special Rapporteur on Human Rights of Migrants, the Global Campaign promoting the 1990 UN Convention, UN General Assembly proclamation of International Migrants Day, the 2001 World Conference Against Racism and Xenophobia, anti‐discrimination activity by ILO, and training by IOM. Suggestions to governments emphasize the need to define comprehensive, coordinated migration policy and practice based on economic, social and development concerns rather than reactive control measures to ensure beneficial migration, social harmony, and dignified treatment of nationals and non‐nationals. NGOs, businesses, trade unions, and religious groups are urged to advocate respect for international standards, professionalize services and capacities, take leadership in opposing xenophobic behaviour, and join international initiatives. Need for increased attention to migrants rights initiatives and inter‐agency cooperation by international organizations is also noted.     

Optional citizenship; articulation of interests and identities in naturalisations

Citizenship should be understood as a bundle of rights rather than as a legal expression of national membership. The citizenship status of immigrants is characterised by their human rights, their rights of external citizenship provided by sending countries, and their rights as resident aliens provided by receiving states. In this perspective naturalisation is only one amongst several options open to migrants to change and improve their legal position. The normative aspect of citizenship implies that general and basic rights should be distributed equally and universally within society. Raising the standard of alien rights, allowing for dual citizenship and conceiving of naturalisation as an individual option rather than as an obligation or as a discretionary decision of the receiving state would contribute to a more equal distribution of rights within societies of immigration. A model for explaining individual decision to naturalise is presented which is based on a combined analysis of interests and identities. The main factors that enter the model are rules applied by state authorities, social positions occupied by immigrants, the cost/benefit balance of rights in the transition to internal citizenship, and affiliations to different communities in the sending and the receiving state. The combination of rules, rights and social positions makes it possible to distinguish an objective value of internal citizenship for immigrants from transaction prices and subjective utilities. The main theoretical argument is that decisions can be influenced both by a perception of rational individual interests and by communal identities.     

Migration to Israel: the mythology of "uniqueness"

The article explores the widespread assumption that immigration to Israel is a unique phenomenon which differs structurally from migration to other places. This assumption stems from the view that migrants to other destinations generally leave a place they consider home to find a new home. In terms of the Israeli construction, Jews have been "strangers" in their countries of origin and seek to find a new home by means of migration.
The Law of Return (1950), which established an open-door policy for Jews and extensive support benefits for immigrants in a context of presumed social consensus, has generally been thought to be sui generis . The article considers evidence that shows that in the 1980s and 1990s, Israel is becoming more like other Western countries which admit large numbers of refugees, asylum seekers, foreign workers, persons seeking family unification and diaspora migrants.
As in other migration societies, multi-ethnicity poses problems of cultural integration and some groups seek actively to retain major elements of their earlier cultural heritage.
Immigrants have become an identifiable political force to be reckoned with. There is more overt questioning within the society of the open-door policy for Jewish immigrants than in previous years. Nevertheless, the tradition of "uniqueness" remains strong in the sociology of migration in Israel. Consideration of the empirical reality at the end of the 1990s suggests that the sociology of migration in the Israel context has many important parallels in other societies and is best understood in a global context of theory and practice.     

Citizenship, immigration, and the European social project: rights and obligations of individuality

As envisioned by T.H. Marshall, social citizenship was a corrective to the injustices caused by the capitalist market. Entitlements and protections guaranteed by the welfare state would prevent social and economic exclusions that civil and political rights, on their own, simply could not. Such protections consequently would ensure social cohesion and solidarity, as well as a productive economy and market. European welfare states successfully followed this formula for the most part of the post-World War II period, however the last couple of decades witnessed significant changes. For one, the very meaning of 'work' and 'worker' on which the welfare state is based has changed - flexibility, risk, and precariousness have become defining elements of working life. The welfare state itself has gone through a transformation as well, increasingly moving away from a system of 'passive benefits' to 'social investment' in human capital. These developments are coupled with an emphasis on education in 'active citizenship', which envisions participatory individuals who are adaptable in an increasingly globalized society, and ready to contribute at local, national and transnational levels. The emergent European social project draws on a re-alignment between these strands: work, social investment, and active participation. In this article, I consider the implications of this project for immigrant populations in Europe in particular and for the conceptions of citizenship and human rights in general. In contrast to the recent commentary on the neoliberal turn and the return of nation-state centered citizenship projects in Europe, I emphasize the broader trends in the post-World War II period that indicate a significant shift in the very foundations of good citizenship and social justice. The new social project transpires a citizenship model that privileges individuality and its transformative capacity as a collective good. Thus, while expanding the boundaries and forms of participation in society, this project at the same time burdens the individual, rather than the state, with the obligation of ensuring social cohesion and solidarity, disadvantaging not only non-European migrants but also the 'lesser' Europeans. The new social project brings into focus the relationship between universalistic individual rights and their effective exercise. I conclude that rather than treating human rights and citizenship as a dichotomy we should pay attention to their entangled practice in order to understand the contingent accomplishments and possible expansions of citizenship in Europe.     

A migration channels approach to the study of professionals moving to and from Hong Kong

"This article evaluates the concept of migration channels, identifying the strengths and weaknesses that have emerged from use of a migration channels framework in international migration research. Using professional migration to and from Hong Kong in the 1990s as an empirical lens, it is argued that the meso-scale understanding offered by examining the effect of migration channels is valuable. This is illustrated in terms of the contrasting channels used by different professions, as well by migrants motivated to move by citizenship as opposed to career reasons."     

Rights and controls in the management of migration: the case of Germany

In May 1999 Germany took a significant step away from its reliance on blood based belonging, revising its nationality law to introduce an element of territory ( jus soli ) in the designation of citizenship. This paper offers Germany as a case study in the management of migration through a hierarchical system for the granting of rights, and considers the likely impact of the new law on the legal structures of inclusion and exclusion. It is argued that alongside the enhanced recognition of the original guestworker population a set of contradictory pressures now dominate the politics of migration – the recognition of human rights, the management of the labour market and the protection of welfare resources. These pressures are mediated by the granting and withholding of rights as part of a system of selection, surveillance, deterrence and control which has broader implications for our thinking about citizenship.     

What Can Migration Policymakers Learn From Legal Frameworks on National Minorities? National Minorities and Migration in Armenia and Belarus

The dissolution of the USSR resulted in massive depopulation of the republics and unprecedented migration flows, including national minorities. Citizens of a once indivisible country were suddenly divided into “those of our kind” (natives) and “outsiders” (national minorities/ immigrants). The latter were often not guaranteed citizenship and were denied basic rights. Many national minorities became forced migrants and refugees, leaving neighbouring states because of discrimination or fearing violence. This article focuses primarily on the interconnection of minority and migration issues, two topics which are often discussed separately. It investigates the interrelation between migration and the minority regimes adopted by Armenia and Belarus, and the extent to which certain policies and rights for national minorities can be meaningfully extended to new migrant minorities. It also asks what lessons can be learnt from the treatment of national minorities as far as future migration legislation is concerned.

Policy Implications

• Migrants' participation policy is always based on implicit political models of participation that should always be made explicit and examined before implementation.
• There is always a plurality of political preferences, for different models of participation in the migrant population, that should be explored and accommodated.
• The number of associations in existence should not be used as an indicator of a strong civil society as much as it is at present.

     

Custodial Citizenship in the Omnibus Autism Proceeding

In contemporary processes of citizenship, parents and other caregivers often must make claims to the state on behalf of children with disabilities. In this article, we draw from data on the Omnibus Autism Proceedings (OAP), which were a series of hearings in 2007 and 2008 in which parents of children with autism attempted to receive compensation from a federal program for vaccine injury. During these hearings, parents and their attorneys obfuscated the children's subjectivity and instead showcased the children's physical suffering in order to claim that their children had suffered a legitimate injury from vaccines that warranted compensation. We develop the concept of custodial citizenship to account for the process by which a legible rights‐bearing subject appropriates the bodily suffering of the injured party in order to gain citizenship rights on behalf of that individual. In doing so, we trace the slippages of harm that occur in the lived experience of disability among family members and caregivers, in contrast to the individualizing rights‐granting framework of the court system.     

Ambivalent citizenship and extraterritorial voting among Colombians in London and Madrid

In this article, we explore the nature of extraterritorial voting among Colombian migrants in the 2010 elections in London and Madrid. To address the neglected issue of why voter turnout from abroad has been so low, we take into account the views of voters and non‐voters alike to show that, while the external vote privileges the professional and well educated, this does not mean that migrants are not interested in politics back home. Drawing on Bauman (1991), we conceptualize ambivalent citizenship as the paradoxical manner in which, through the external vote, states impose hegemonic notions of citizenship from above, which people embrace in an ambivalent manner from below. We show that the workings of the state make voting a difficult process; they create structural ambivalence for migrants who, even if they practise their citizenship in other ways, exercise individual ambivalence because they find it difficult to engage with a political system back home that they do not trust. The conceptualization of ‘ambivalent citizenship’ therefore encompasses the contradictory complexities inherent in the provision of external voting rights that actively privilege and exclude migrants in mutually constitutive ways.     

Commercially arranged marriage and the negotiation of citizenship rights among Vietnamese marriage migrants in multiracial Singapore

Globalization and increased mobilities have multiplied cross-border transactions not only in the economic sphere but have also a major impact on human relationships of intimacy. This can be seen in the increased volume of differently mediated forms of international marriage, not just straddling ‘east’ and ‘west’, but within Asia and across different ethnicities and nationalities. International marriage raises a host of social issues for countries of origin and destination, including challenges relating to the citizenship status and rights of the marriage migrant. This paper examines the negotiation of citizenship rights in the case of commercially matched marriage migrants – namely Vietnamese women who marry Singaporean men and migrate to Singapore as ‘foreign brides’. While they are folded into the ‘family’ – what is often thought of as the basic building block of the nation in Asian societies – they are not necessarily accorded full incorporation into the ‘nation’ despite Singapore's claims to multiculturalism. This is particularly salient at a point when cross-nationality, cross-ethnicity marriages between Singapore citizens and non-citizens are on the increase, accounting for over a third of marriages registered in Singapore in recent years. Vietnamese women who marry Singaporeans are positioned within the nation-state's citizenship regime as dependents of Singaporean men, having to rely on the legitimacy of the marriage relationship as well as the whims of their husbands in negotiating their rights vis-à-vis the Singapore state. Drawing on interviews and ethnographic work with 20 Vietnamese women who are commercially matched marriage migrants, the paper first focuses on the vulnerable positions these women find themselves, particularly given difficulties in forging their own support networks as well as weaknesses of the civil society sector in what has been called an ‘illiberal democracy’ characterized by a political culture of ‘non-resistance’. The paper then goes on to examine the way they negotiate rights to residency/citizenship, work and children within webs of asymmetrical power relations within the family and the nation-state. We draw on our findings to show that citizenship is ‘a terrain of struggle’ within a multicultural nation-state shaped by social ideologies of gender, race and class and negotiated on an everyday basis within spheres of family intimacy.