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May 2008 British citizenship: a debate of paradoxes

In an attempt to overcome the historical-legal complexity of the concept citizenship in the context of the UK, the present Labour government has got caught between a long- standing yet newly rediscovered understanding of its social bonding function and a policy approach based on and pervaded by the outdated view of citizenship as a re- ward for assimilation. It needs to separate out two completely different discourses in order to be able to formulate coherent policies – both regarding long-standing citizens and newcomers.

Anne Bostancı

Introduction issues of immigration management and, The current citizenship debate in the alongside it, a general turn to simplistic ar- UK is a complex one that brings together a guments about belonging that are – shock- variety of legal, social, and political argu- ingly – mirrored in government’s policy ments. Based on complicated historical, suggestions despite the fact that alterna- legal idiosyncrasies of the concept and the tive, more accurate and more sensible con- country’s continuous efforts to come to ceptualisations are available. terms with its past and present social and The present paper first sketches the cultural reality (including the contentious thoroughly confusing historical development debate around immigration), the present of British nationality and citizenship. It is government continues to find it difficult to important to note here that this brief over- formulate a coherent approach to national- view hardly does justice to the wealth of ity and citizenship both on a theoretical and particularities the legal concept contains, a practical level despite the fact that much but mainly serves the purpose of illustrating work has been done on it. Despite efforts to its complexity and confusing terminology. increase popular civic and democratic en- Secondly, the paper refers to work commis- gagement in Labour’s over ten years in of- sioned by the current government in an at- fice, this inability seems to result in ever tempt to come to terms with the concept, greater public confusion of this topic with namely Lord Goldsmith’s Citizenship Re-

Blickpunkt Großbritannien Seite 2 view completed in late March 2008. i Thirdly, born within the British empire, the sheer it identifies the key political problems this size of the latter and its consequent varied- debate and the current Labour government ness in terms of different dominions’ prac- are caught up in at present by reference to tices and policies made it impossible to the Green Paper “The Path to Citizenship” reach a single and unifying concept of Brit- of February 2008. ii ish citizenship even before the world wars, let alone when the colonies started break- Historical-legal overview ing away afterwards. As a result, the con- British citizenship traditionally in- cept of Commonwealth Citizenship was es- cludes the right of abode, the right of pro- tablished in the British Nationality Act of tection, several civic, and social and eco- 1948 in an attempt to define a unifying nomic rights as well as the duty of alle- category under which all British Subjects, giance and some civic, and social and eco- i.e. both the citizens of the increasing num- nomic duties. While some of these may ber of breakaway colonies and the remain- vary in some matters of detail from those of ing empire iii could be subsumed. However, other countries, the essential rights, etc. are the unifying effect was undermined as the part of the package here as they are else- newly independent countries continued to where; and settle- pursue their own population policies. Addi- ment, the entitlement to diplomatic protec- tionally, however, there were also already tion, consular assistance, domestic protec- other types of British nationality in exis- tion, access to education and other kinds of tence, such as the category of British Pro- benefits, the right of active and passive tected Person, that were complicating the democratic participation as well as the du- concept. ties to obey the law and pay taxes. Apart However, not only the number of dif- from some practical components and func- ferent categories was confusing, but also tions that citizenship has, e.g. the poten- the different sets of rights they conferred. tially contentious duty of allegiance to the For instance, until 1962, all the above had Crown, and the fact that a comprehensive had an unqualified right to enter and live in statement of all rights and duties is yet to the UK, but then the right of abode was be written and widely disseminated, the separated from status for concept of British citizenship is not prob- those who weren’t what was later to be lematic and it is, indeed, not this that has called “patrials”: Commonwealth citizens caused the greatest part of the controversy, who have a defined connection with the UK but the notion of who is or may become a (e.g. through birth, adoption, registration or British citizen. at least 5 year residence). Although at the time still widely per- Commonwealth Citizenship, British ceived as an ideal of commonality of all Subjects, CUKCs, British Protected Per-

Blickpunkt Großbritannien Seite 3 sons, “patrials” – with all these different, derstanding of as well as policy approach partly converging, and definitely confusing towards the concept. categories in simultaneous existence, it is no wonder that it was attempted in the Brit- The Citizenship Review: citizen- ish Nationality Act 1981 to simplify the ship as a social bond situation. However, the introduction of Brit- One project, in which this was at- ish Citizenship, British Dependent Territo- tempted, is the commissioning of a Citizen- ries Citizenship and British Overseas Citi- ship Review. Providing an overview of his- zenship did not particularly improve the torical conceptions and current implications situation, especially as other categories of British citizenships, the author, Lord continued to exist and yet another category Goldsmith, comes to focus on its function was added in the context of the transfer of as a social bond in the concluding part; he sovereignty of Hong Kong in 1997, namely perceives it as a tool for engagement and that of British National (Overseas). integration. It is interesting to note here that In another attempt at simplification, even though they were identified early on, in the British Overseas Territories Act and for instance by the eminent political phi- the Nationality, Immigration and Asylum losopher John Stuart Mill, iv the positive ef- Act, both of 2002, the right of abode was fects of civic and democratic participation in returned to a number of groups of British creating a bond between the citizen and the nationality, such as British Dependent Terri- state did not figure largely in the British dis- tories Citizens (simultaneously renamed course on citizenship. British Overseas Territories Citizens, add- In view of social developments that ing yet another confusingly similar term to many societies nowadays see themselves the already complex concept), British Over- faced with, Goldsmiths argues that the im- seas Citizens, British Subjects and British portance of the bonding function of citizen- Protected Persons. ship of people vis-à-vis each other is out- While this seems to suggest in- weighing that of forms of allegiance vis-à- creasing convergence regarding rights and vis the state. Here he contrasts a sense of duties of the different forms of British na- commonality and shared stakes in society tionality and citizenship and while the his- with a desire to belong foremost motivated torical background of the complexity of by self-interest in security and defined these concepts is understandable, it is cer- against outsiders that had informed classi- tainly still impractical and confusing in its cal understandings of the concept of citi- current state. It is hardly surprising, there- zenship. fore, that the government is spending a lot Such societal developments are the of energy on a fresh attempt at working out following: foremost individualisation, by a more straight-forward and practical un- which he means the fact that the focus of

Blickpunkt Großbritannien Seite 4 attention in our society as well as individual As the context of recent and non- thinking is increasingly the individual while citizens makes explicit many aspects of citi- less and less shared experiences are avail- zenship that are otherwise taken for able to people. Further, changes in where granted, it is the section discussing these and how we live are of importance as they groups that gives the most interesting in- lead to less contact between people of dif- sights into the character of citizenship as a ferent socio-economic backgrounds or dif- social bond. It identifies the fact that several ferent generations, but increasing familiarity factors are key in generating a sense of be- with different cultures and more frequent longing to a certain society: residence, par- changes and more fleeting experiences of ticipation (e.g. democratic, economic, etc.) locality, both within the country and interna- and contribution (e.g. in the form of taxes, tionally. volunteering, etc.). It suggests that rights As a result, feelings of national at- and responsibilities are perceived as part of tachment and pride seem to be losing in the same package and that both are viewed importance, even though they are still high positively. It also reconfirms the multiplicity in the UK compared to other countries of of identities and makes very clear the value the EU. There are a couple of particularities and positive and inspiring character of the about these feelings in the context of the experience of being granted citizenship, UK: firstly that national identification in the with the latter viewed as an acknowledge- UK is generally multiple due to its nature as ment by the state of the applicant’s national a union of the different nationalities of the identification with the country expressed in British Isles as well as its imperial past. This their desire for citizenship. In this way, the means that the majority of people identifies, granting of citizenship is perceived as ex- for instance, as British and Welsh or British pressing the mutuality of the commitment and Indian, etc. Secondly, the intensity of between individual and receiving society or feelings of attachment and pride seems to state, which seems to be lacking in earlier be essentially the same among groups of states of engagement. This is expressed in different ethnicity or descent. In contrast, the latent fear inherent in many recent citi- socio-economic cleavages seem to have a zens’ statement that citizenship meant that strong impact, with disadvantaged groups no one could take “it” away. One can only having a much weaker sense of belonging. presume that “it” refers to their aspiration, Thirdly, as the Review suggests, such iden- and then right, to be in and part of a country tification tends to carry feelings of social that they identify with. It is very telling and trust and civic duty, much more than xeno- regrettable that this mutuality is not ex- phobic sentiments or other kinds of exclu- pressed in the integration process preced- sive thinking. ing or outside the context of institutionalised citizenship.

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Based on this analysis, the Citizen- ship: Next Steps in Reforming the Immigra- ship Review goes on to make many practi- tion System”. While its full title makes clear cal suggestions on how to use citizenship that its main concern is not citizenship but and, preceding and outside this institution- immigration, it nevertheless gives some in- alised form of belonging, other forms of ac- sights into the government’s thinking on tive engagement as a tool to enhance the and understanding of citizenship. The paper social bond amongst the population as well was tellingly published before the Citizen- as between citizens and the state. It em- ship Review and, thus, unfortunately, phasises the need for a more proactive, seems not to have internalised its findings. positive, comprehensive yet accessible It favours the rather assimilationist under- rhetoric and practice around citizenship, as standing of citizenship as a reward, which is the current complexity and obscurity of the to be awarded only on fulfilment by the ap- debate holds the danger of leading to disaf- plicant of a number of requirements. v fection and alienation of both citizens and These form a double paradox; firstly, in or- those who aspire to become such. Always der to be allowed into the country in the first keeping in mind that the unifying character place, immigration applicants must prove of citizenship is in no way contrary to diver- themselves worthy by having a clean record sity but very well able to accommodate it, in their country of origin as well as their the Review addresses the role for educa- economic utility to the UK through high tion, work environments, faith communities, achievement in a points system similar to government action and local communities, that in use in Australia. Secondly, and here and rituals such as citizenship ceremonies the paradox begins, it is proposed that they (preferably for both new and existing citi- should have to prove themselves worthy of zens including young people coming of British citizenship yet again by assimilation age) and the bringing into being of a na- in a number of ways: with regard to their tional day. While some of them are defi- economic situation (self-sufficiency) and to nitely contentious and the British press in its their social conduct (not only lawful behav- simplistic nature has focused exclusively on iour but additional prove of their commit- these, the general tone and approach of the ment to the society, e.g. in the form of vol- Review are comparatively sensible and unteering.) Again paradoxically this is ex- constructive. pected while the most basic means to do so, i.e. rights of democratic participation, The government Green Paper: citi- are denied to them until they are citizens. zenship as a reward On top of this, the Green Paper out- Another project, in which the gov- lines the introduction of the halfway house ernment is grappling with citizenship, is its of “probationary citizenship”, to last be- recent Green Paper “The Path to Citizen- tween one and five years, between the dif-

Blickpunkt Großbritannien Seite 6 ferent forms of leave to remain and resi- namely by means of the conflation of socio- dence that are required before an applica- economic problems and criminality with tion can be made on the one hand and full ethnic categories. This means it portrays citizenship on the other. Even in the best migrants as the source of such problems case, this would prolong the period a per- rather than a group disproportionally af- son has to wait before they can gain full fected by them due to structural inequali- citizenship (all the while remaining disem- ties. Such assumptions and stereotypes powered and, symbolically and in reality, to have pervaded this discourse in Britain as a certain degree apart from the rest of soci- elsewhere for a very long time and can be ety) by one year in comparison to current identified even when it is attempted to ob- practice vi . In the worst case – bar denial of scure them by a would-be beneficial tone. citizenship and expulsion from the country – Doing so, the government neglects the waiting time would double from the pre- both the need to question the accuracy of sent five years to ten. such assumptions and stereotypes and its What is interesting here, is that citi- responsibility not to perpetuate them and zenship is mainly seen as a reward for per- the exclusionary views and practices that severance, law-abiding behaviour and eco- spring from them. While it is understand- nomic self-sufficiency, even though other able that the government is aiming to man- parts of the text very explicitly recognise age immigration, in light of the fact that that citizenship performs an important so- some parts of the text explicitly acknowl- cial function by bringing empowerment and, edge that feelings of belonging, and with thus, fostering a sense of belonging, which them social cohesion, spring from participa- in turn strengthens social cohesion. Clearly, tion and empowerment, it seems illogical prolonged waiting times such as mentioned that the government should adopt the re- above cannot be conducive to the fostering ward model of citizenship rather than aim- of a sense of belonging and other forms of ing to equip prospective citizens with all the positive identification with the country. Fur- integration tools possibly available. For it is thermore, the terminology of “probation” is less than helpful if its attempts to manage misleading, as it associates immigrants that immigration simultaneously undermine the have already had to prove their lawful be- positive social potential of citizenship. It is haviour, etc. over a prolonged period of necessary to decouple the endeavours of time with legal jargon that carries connota- immigration management from the citizen- tions of wrongdoing and punishment. ship debate, because claims about the uses However, this is symptomatic of a and function of citizenship as a reward are text that, despite dismissing these at its be- very different from those of citizenship as a ginning, largely invokes familiar stereotypes tool for the forging and maintenance of so- and moral panics about immigration, cial bonds and they cannot be mixed or

Blickpunkt Großbritannien Seite 7 combined to one’s convenience. Therefore, function to some extent, the proposals re- attempts to do so will not lead to coherent garding the revision of the rules pertaining or constructive policy suggestions, as illus- to immigration and citizenship are mainly of trated by the government Green Paper. an implicitly preventative nature and far from signalling a new approach along the Conclusion lines of the findings of the Review. The The fact that the government adopts government must separate out the two dis- an approach and rhetoric reflecting both courses it is currently engaging in and find tool and reward approach anyway must a starting point other than citizenship for its then be attributed to a confusion about the endeavours regarding reform of the immi- function and meaning of the concept. Of gration system. For by resorting to the re- course, one and the same term can have ward model in the context of anti- different meanings, especially in different immigration or immigration management contexts, but in this case the two conceptu- rhetoric and policy, it devalues the social alisations are so diametrically opposed that function understood in the tool model of the use of both alongside each other would citizenship. Without a coherent understand- be nonsensical. What is becoming clear ing of this function, however, it will be un- from this analysis of the Green Paper, es- able to tackle either the improvement of en- pecially before the background of the Re- gagement of existing or the integration of view, is that, even though the distinction is new citizens, which have been so particu- blurred by use of the same term, the under- larly important to it since the terrorist at- standing of citizenship takes very different tacks of 7th July 2005. forms in the different contexts of existing

Anne Bostancı is project manager at the FES London. citizens on the one hand and potential pro- A German-language version of this article is available spective citizens such as immigrants on the on www.feslondon.org.uk/public.htm . other. It is this blurring or confusion that the The views expressed in this article are those of the au- thor and do not necessarily reflect those of the FES government has got tangled in and that London. should be avoided. It cannot be denied that, i Lord Goldsmiths QC, Citizenship: Our Common Bond, as has become apparent above, that citi- www.justice.gov.uk/docs/citizenship-report-full.pdf ii – Border and Immigration Agency, The Path zenship functions as a tool for social bond- to Citizenship: Next Steps in Reforming the Immigration System, ing and integration in the context of new http://www.bia.homeoffice.gov.uk/sitecontent/documents/ab outus/consultations/pathtocitizenship/pathtocitizenship?view citizens (usually migrants) as well as long- =Binary iii so-called Citizens of the United Kingdom and Colonies, CUKCs standing ones – a consideration that would iv cf. John Stuart Mill, ‚Considerations on Representative Government’, in On Liberty and Other Essays, edited by add greatly to the German approach to John Gray (Oxford: Oxford University Press, 1991) v for a good outline of the differences and uses of the tool these issues as well. and reward models of citizenship, cf. Elena Jurado, Citizenship: Tool or Reward?, http://www.policy- Yet, even though the British gov- network.net/uploadedFiles/Publications/Publications/Citizen ship_tool_or_reward.pdf ernment recognises this important social vi apart from family reunions (two years) the current waiting time is five years