HUMR Political responses II: Theory Nils Butenschøn

The citizenship approach (multi-diciplinary) The study of the contractual relationship (in the broadest possible meaning of contractual) between the state and the inhabitants under its jurisdiction.

A process of gradual socio-political integration (Marshall) 1. Civil citizenship: Equality before the law (18th century) 2. Political citizenship: Political participation (19th century) 3. Social citizenship: Social equality (20th century) Modern citizenship is “inclusive and complete”.

Citizenship in IHRL Is there a human right to obtain citizenship? (Cfr. Schram, G. and Ziemele, I. (1999), ”Article 15” in Alfredsson & Eide (eds.), The Universal Declaration of Human Rights: A Common Standard of Achievement, The Hague: Kluwer).

The problem of terminology ‘citizen’ - ‘national’ ‘citizenship’ - ‘nationality’ “When the word “nationality” is used in IHRL, it can be assumed that the word national is synonymous with citizen unless there is clear evidence to the contrary” (Eide 2000:104).

The right to nationality in IHRL UDHR, Article 15: “Everyone has the right to a nationality. No one shall be deprived of his nationality, nor denied the right to change his nationality.” The Convention on the Rights of the Child (1989, Article 7). The European Convention on Nationality (1997).

Exceptions: UDHR, Article 21 (1)/ CCPR, Article 25 (c): Everyone has the right to take part in the government of one’s own country. UDHR, Article 13/ CCPR, Article 12: Everyone has the right to move freely, reside in and leave any country, but the right to enter a country is limited to one’s own country.

No one should be left stateless Since “everyone” has a right to citizenship, persons who do not have rights in one country as citizens (with reference to UDHR Articles 13 and 21) are considered to enjoy those rights in another country which they have the right to enter (Article 13), since no one should be without a nationality/citizenship or arbitrarily be derived of that status (Article 15).

The politics of citizenship Since citizenship is such an important right – it is the right to have rights – and since there is no legally binding convention on citizenship, many governments seek to limit the access to citizenship through mechanisms of inclusion and exclusion.

Principles of distribution of rights SingularismDiscriminatory: Hegemonic systems Group-based distribution of rights PluralismNon-discriminatory: Consociational democracy Individually based distribution of rights UniversalismNon-discriminatory: Majoritarian democracy.

Yash Ghai’s typology 2. The ”ethnic” state –Hegemonic (singularism) –Consociational (pluralism) 1. The liberal democratic state (universalism) 3. Mixed/multicultural state (pluralism)

Political Organisation of State Territories. A Typology Territorial Principles Constitutional Principles The Unitary StateThe Non-Unitary State Separate Territories SingularismEthnocratic systems Imposed/dominated self rule Ethnic ”Homelands” PluralismConsociational systems Cantonization, ethnic federation Partition/separate states along ethnic lines UniversalismMajoritarian systems Regionalisation, functional federation Partition/separate states along functional lines

Alternative demographic foundations for claims of self-determination in Palestine