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Theory and Politics of External Citizenship Rainer Bauböck 2 nd EUDO Citizenship Plenary Conference January 2010 University of Edinburgh © Rainer Bauböck 2010
Diaspora and Transnationalism Studies political relations of ethnic groups with external homelands or kin states mostly focus on transnationalism from below recently homeland states also seen as actors reaching out to or building diasporas – L. Brand: state efforts to control and instrumentalise citizens abroad – A. Gamlen: two types of policies in emigration states: diaspora building and diaspora integration (through legal rights and duties) target populations for external membership policies are often not only diasporas or transmigrants © Rainer Bauböck 2010
Defining external citizenship The legal status, rights and duties of citizenship attributed by a state to individuals located temporarily or permanently outside its territory – citizenship in broader sense: legal status, rights and duties – two criteria for externality: presence or residence (short-term absentees and long-term residents abroad) – presence criterion creates dichotomous distinction residence criterion not strictly dichotomous (multiple residence possible) External citizenship rights – generally recognized core rights attached to citizenship status: right to return and to diplomatic protection – differentiated across states and target groups: voting rights, cultural and social benefits (expansive trend) External citizenship duties and liabilities – no universal core duties – differentiated across states and target groups: taxation, military service, extradition, legal duties to family members… © Rainer Bauböck 2010
External quasi-citizenship substitute for full citizenship introduced because either C1 or C3 not willing to accept dual citizenship including (limited) right to return, inheritance, real estate property in homeland, cultural and social benefits abroad examples: Hungarian, Polish, Slovene, Slovak Status Laws, Turkish pink/blue card, Indian overseas citizenship the converse of denizenship – external quasi-citizens: + domestic citizens of their country of residence legal status (often) after loss of citizenship (by TP or RP) – denizens: + external citizens of another country legal status before (or as alternative to) acquisition for citizenship © Rainer Bauböck 2010
Allocation of external citizenship status EUDO Citizenship focus on change or maintenance of external citizenship status generally concerns only long-term residents abroad indicators for external expansiveness of citizenship status: absence of legal obstacles to external citizenship retention or acquisition and presence of obstacles to renunciation likely to maximize numbers of external citizens relative to a given demographic pattern (of emigration or external kin populations) (depending also on relative value of a particular countrys citizenship) extent to which – it is easy to retain/reacquire abroad – it is difficult to renounce – it is easy to inherit – ethnic affinities provide access could be measured by index similar to citizenship inclusion indices (Waldrauch, Howard, Goodman-Wallace) © Rainer Bauböck 2010
Structuring the comparative analysis avoid duplication with comparative reports on relevant modes of acquisition and loss focus on relation between C1 and individuals located outside of C1 – e.g. withdrawal when acquiring another citizenship in C3 do not include the role of external citizenship (of C3) for domestic acquisition and loss in C1 – e.g. renunciation requirement in naturalisation in C1 alternative ways of structuring analysis and grouping countries by rules (combination of modes of acquisition and loss) by groups of persons (generation and country of birth) © Rainer Bauböck 2010
Linking Modes of Acquisition and Loss (table compiled by Maarten Vink) © Rainer Bauböck 2010
An index of external expansiveness expansive = absence of legal obstacles to external citizenship retention or acquisition. likely to maximize numbers of external citizens relative to a given demographic pattern (of emigration or external kin populations) (depending also on relative value of a particular countrys citizenship) maximally expansive (0 obstacles): 10 (BUL, GRE, HUN, ITA, MOL, POL, ROM, SLK, TUR, LUX) strongly expansive ( obstacles): 14 (AUT, CZE, EST, LIT) (CRO, CYP, SLN, UK, POR) (FIN, ICE, SWE, SWI, FRA) weakly expansive (1.2 – 2 obstacles): 8 (MAL, BEL) (IRE) (LAT, GER) (NOR) (NET, SPA) least expansive (2.5 – 3 obstacles): 1 (DEN) index can be correlated with inclusion indicators or with strength of external citizenship rights – odd combinations: non-expansive but strong (US), expansive but weak (Greece) – possible explanatory variables? © Rainer Bauböck 2010
Structure by target groups / generations analyse characteristic citizenship status transitions for persons residing abroad – born in C1 as citizen of C1 (first generation external citizens) – born in C3 as citizens of C1 (later generation external citizens) – born in C3 as citizens of C3 (external acquisition for non-citizens) © Rainer Bauböck 2010
First generation external citizens 1.Renunciation by long-term residents in C3 who acquire C3 citizenship (L01) – no unfulfilled legal duties in C1? – different treatment? (for citizens by birth or naturalisation, co-ethnic citizens) 2.Withdrawal because of acquisition of another citizenship (L05) – only if residence abroad or also for residents in C1? – different treatment (no withdrawal for citizens of C2?) 3.Withdrawal because of long-term residence in C3 (L02) – only if another citizenship has already been acquired? – relevant time of residence abroad? – different treatment? (not for residents of C2?) 4.Reacquisition abroad after renunciation or withdrawal (A21) – restitution after change of political regime or citizenship law? e.g. move towards toleration of dual citizenship? for renunciation: in C3, for withdrawal: in C1 – different treatment (only for co-ethnics, citizens by birth, citizens of C2)? – include here also reacquisition by later generations © Rainer Bauböck 2010
Later generation external citizens 5.Acquisition at birth abroad (external ius sanguinis) (A01) – registration after birth (time limit)? – special conditions if only one parent is citizen of C1 (esp. for children born out of wedlock) – generational limits? 2 nd generation only (one parent born in C1) 2 nd + 3 rd generation only (one grandparent born in C1) 6.Withdrawal after acquisition at birth in C3 (L02, L06) – condition of application for retention – condition of return to C1 only for 3 rd or later generation or also for 2 nd generation? age threshold: return before certain age? long-term residence in C1 required? © Rainer Bauböck 2010
External acquisition by non-citizens 7.Family-based acquisition abroad (A08-A15) – spousal or filial transfer or extension residence of RP in C1 required? conditional upon subsequent residence of TP in C1? 8.Affinity-based acquisition abroad (A19) – residence in C1 not (always) required in BUL, GRE, IRE, ITA, LIT, POR, SLN, SPA – citizenship-based descendant from (former) citizens? – culturally-based co-ethnic or linguistic identity, how established? 9.Special merits or investments (A26) – subsequent residence requirement in C1? © Rainer Bauböck 2010
Why study external citizenship? to understand migrants status choices and impact of state- imposed status change on overall legal equality within a polity – external citizenship is one element of compound citizenship statuses because external citizenship preserves or widens individual migration opportunities – and in case of multiple citizenship creates individual spaces of international free movement because over-expansive external citizenship creates problems – in external homeland through overrepresentation of non- stakeholders in domestic politics (external voting) – in country of residence through weakening domestic integration, especially where kin minorities are involved – in European Union because of external access to EU citizenship and free movement rights in all member states © Rainer Bauböck 2010
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