A/HRC/17/33
However, starting in the 1990s, there was a move away from multiculturalism as a
policy in many countries which had adopted this model.36
73.
All those models have one factor in common: the premise that citizens belong to just
one nation State. Migrant settlement is seen as a process of transferring primary loyalty
from the State of origin to the new State of residence. This process is symbolically marked
by naturalization and acquisition of citizenship of the new State. Nevertheless, these models
can no longer apply to growing migration trends. Moreover, the distinction between
citizens and non-citizens is becoming less clear-cut. Migrants who have been legally
resident in a country for many years can often obtain a “hybrid” status, tantamount to
“quasi-citizenship”. This may confer such rights as secure residence status; right to work,
seek employment and run a business; entitlement to social security benefits and health
services; access to education and training; and limited political rights such as the right of
association and assembly. Such arrangements create a new legal status, which is more than
that of a foreigner, but less than that of a citizen.37
74.
It is in the European Union (EU), that this example of a new type of citizenship is
gaining strength. Under the Maastricht Treaty which established the European Union in
1992, citizens of EU member States became eligible to vote or to be elected to office in
European and municipal elections if they reside anywhere within the European space. The
1997 Amsterdam Treaty established citizenship in the EU, which embraced the following
rights: freedom of movement and residence in the territory of member States; the right to
vote and to stand for office in local elections and European Parliament elections in the State
of residence; and the right to petition to the European Parliament and to appeal to an
ombudsman. However, EU citizens living in another member State do not have the right to
vote in elections for the national parliament of their State of residence. Persons dependent
on social security and welfare do not have the right to settle in another member country;
and access to public employment is still generally restricted to nationals. Europe is still
divided between the States in the “Schengen zone” and the newly admitted EU States. So
far, EU citizenship has done little for the majority of migrants who originate outside the
union.38 Since 1992, there has been a growing movement in support of granting thirdcountry nationals voting rights within member States of the EU and at the level of EU
institutions. The European Parliament has, several times, voted in favour of extending
European citizenship to all persons who have resided in a stable manner and for a long
period within a member State. A 2001 European Parliament resolution called for the
enfranchisement of all non-EU residents who had resided legally within an EU member
State for three years. However, opposition within the European Council, which represents
the interests of member States in the complex EU governance procedures, has thwarted
such initiatives. As well, some EU member States hold that the granting of voting rights to
third-country nationals would devalue the importance of naturalization.
3.
Proposals from the Special Rapporteur
75.
As briefly discussed, this new diversity affects host societies in many ways.
Amongst the most important are the issues of political participation, cultural pluralism and
national identity. As mentioned above, migration has already had major effects on the
politics of most host countries. Consequently, the Special Rapporteur suggests further study
and discussion on the issue of the political participation of migrants and its links to the
concept of a broad citizenship. Migrants are able to make a contribution to the development
of new forms of identity. It is inherently part of the migrant condition to develop multiple
36
37
38
See note 6 above, pp. 44-45.
Ibid., p. 46
Idem..
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