A/HRC/17/33 1. Citizenship policies and political integration of migrants 64. The growing importance of the study of political participation in the last 50 years reflects the crucial significance of citizens’ involvement for democratic decision-making. As the scope of government activities and responsibilities has expanded in the last few decades, the domain of political participation has grown considerably. First, political participation refers to inhabitants in their role as citizens (and not, for instance, as politicians or civil servants). Second, the activities of citizens defined as political participation should be voluntary and not be ordered or obliged under law. Finally, political participation concerns government and politics in a broad sense of these words (“political system”) and is neither restricted to specific phases (such as parliamentary decision making, or the “input” side of the political system), nor to specific levels or areas (such as national elections or contacts with officials).26 65. In such States, many rights previously enjoyed only by citizens have been disconnected from nationality and are now granted to non-citizens on the basis of legal residence and employment or as universal human rights. These rights include the right to freedom of expression, the right to peaceful assembly, the right to own property, the right to join trade unions, and the right to health care, education, social security, housing and other social services.27 Nevertheless, nationality remains an important dividing line when it comes to political participation. For migrants, acquiring the nationality of the host society has therefore always been the most important step toward political integration.28 The Special Rapporteur believes that it is important that migrants have the option to become citizens of the State of their permanent residence and should also be encouraged to do so. Although the Special Rapporteur emphasizes the priority of facilitating access to formal citizenship, it should be complemented by steps before and after this threshold. Indeed, formal citizenship is not a sufficient condition for political integration, nor need it be a necessary condition for enjoying certain political rights. Effective citizenship depends on structural opportunities for participation and a widespread disposition to use them. In fact, groups of migrant origin are frequently underrepresented in the political process even when most of their members are nationals. 66. The Special Rapporteur notes that many destination countries have in the past prohibited all political activities of non-citizens. A number of countries still have special constraints on the freedoms of expression, assembly, and association for noncitizens. Some States deny foreign nationals the right to be members of political parties.29 Therefore it is worth recalling that international human rights law permits restrictions only if they “are necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals, or the protection of the rights and freedoms of others”.30 Accordingly, the Special Rapporteur believes that policies denying migrants these freedoms merely because of their nationality are not sustainable. 26 27 28 29 30 16 Studying Political Participation: Towards a theory of everything?, Jan W. van Deth, University of Mannheim Chair for Political Science and International Comparative Social Research. There are certain inalienable rights (outlined in the Universal Declaration of Human Rights of 1948) to which all humans, regardless of citizenship or nationality, are entitled in principal. These rights are established by the Declaration of Non-Nationals (1985), which can be found on the following link: http://www1.umn.edu/humanrts/instree/w4dhri.htm. From Migrants to Citizens: Membership in a Changing World, T. Alexander Aleinikoff & Douglas Klusmeyer, Carnegie Endowment for International Peace, 2000. For example, this restriction exists in some Central and Eastern European States. See the International Covenant on Civil and Political Rights, arts. 22-23.