A/HRC/17/33
67.
On the other hand, while some destination countries have generally granted resident
foreigners political liberties, most do not allow them to vote or to be elected.31 Many States
do, however, permit their citizens living permanently abroad to participate in national
elections. Variations in State practices regarding the franchise32 for non-citizens are
generally linked to broader immigration and citizenship policies. Some traditional
immigration countries have not pursued non-citizen voting in part because they encourage
immigrants to naturalize. Other States tend to put less emphasis on naturalization and do
not regard the franchise as being necessarily tied to formal citizenship. Finally, some
countries that have only recently experienced substantial immigration have not even begun
to seriously consider such a move. Whatever these differences, in most countries the rates
of naturalization are lower than those of immigration, even considering the minimum
required time-length as a condition for naturalization. This makes countries of destination
with democratic political systems ever less representative of their populations, and thus the
question of the franchise grows increasingly important. Granting non-citizens a franchise at
the national level is not imperative if access to citizenship is sufficiently open. The Special
Rapporteur does, however, make a general recommendation for a local franchise for
immigrants who have been legal residents for several years.
68.
With regards to communities of migrant origin, the Special Rapporteur recalls that
these communities include citizens as well as non-citizen residents, whatever their legal
status in the country might be (i.e. regular or not). The political integration of these persons
of migrant origin depends not only on their individual rights, but also on opportunities and
incentives for their participation in political life. Access to political rights through
admission to citizenship or through extending the franchise to noncitizens would not
alleviate the problematic if the new citizens have lower voting rates in elections and are
strongly underrepresented in public offices, parliaments and political parties.
69.
Although most countries with migrant populations do not oblige their citizens to
vote, there is certainly a public interest in facilitating and encouraging political participation
as a form of active citizenship. High rates of participation strengthen the democratic
legitimacy of political authority and may also promote political community through a
shared sense of common responsibilities. Low participation rates correlate strongly with
socio-economic status and thus create a class bias in democratic politics. With regard to the
political participation of ethnic and racial minorities, this represents an issue of special
concern. In democratic societies, these communities are more vulnerable when they are
politically isolated. They are more easily targeted as outsiders, cannot voice their own
interests, and often come to be regarded as second-class citizens. For these groups of
migrant origin which also consist of ethnic and racial minorities, low rates of political
participation do not result from their own choices but are due to other circumstances, some
of which can be influenced by public policy.
70.
The Special Rapporteur deems it important that countries of destination consider
immigration reform in their citizenship policies so that migrants who settle in do not remain
shut out from its public political life. Such policies would combine access to the nationality
of their host country in accordance with required length of residency, together with political
rights and duties independent of nationality. Permitting and encouraging the political
participation of long-term resident migrants would make the democratic process more
representative. This would enhance its general legitimacy, improve the quality of decision
making in matters that concern groups of migrant origin (such as education, remuneration,
31
32
Historically, voting was not always strictly tied to nationality. For example, throughout the nineteenth
century and into the early twentieth century, a number of states in the United States granted the
franchise to certain classes of non-citizens.
It should be understood here as the right to vote in public elections.
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