90
Unwanted and ambivalent citizenship
for the most part in South American countries, a person can obtain a new citizen
ship without having to renounce the previous one, and voting rights are extended
quite widely, this is associated in some cases with a restriction on the rights of
those persons thereby made formal citizens by naturalisation. For Hoyo, this sug
gests that naturalised Mexican citizens are not seen as full and equal citizens.35 He
finds that the discrimination against citizens by naturalisation extends far into the
State, so that Mexicans by naturalisation are limited in the jobs and appointments
they can take. They are excluded from the diplomatic service for example, some
government positions, and cannot serve on the board of governors of some cultural,
higher educational, or research institutions. In one sense, they have greater ability
to consent to or withhold consent from Mexican citizenship. In another sense, they
are unable fully to enjoy Mexican citizenship.
Hoyo observes that such discrimination is not unique to Mexico. He recalls
that the US President or Vice President must be citizen by birth.36 And other
authors have identified much wider distinctions, that go beyond being able to sit
in key positions of power (see, for example, discussions in the work of Linda
Bosniak, Kelly Staples and Katherine Tonkiss).37 Ayelet Shachar critiques what
she describes as ‘birthright citizenship’, the assumption that citizenship should
be assigned at birth and that citizenship that has been allocated at birth, takes
precedence over other relationships.38 Peter Nyers, like Shachar, draws attention
to instances that are referred to as ‘accidental citizenship’, for example, where
the implicit assumptions of citizenship can become more explicit.39 There is,
then, also a strange hierarchy in the membership of the global community of
citizens, and from the EUDO index and the work of Hoyo, we can see that the
fully recognised citizenship in practice seems to be the one you cannot choose
and cannot reject. This further challenges the freedom of citizenship. The lan
guage of noncitizenship, and the sense that unhyphenated noncitizenship inter
twines with both formal and informal citizenship, can help us to examine what is
happening here.
35 Recall also the passage from the New Testament Acts Chapter 22 Verses 27–29: ‘The com
mander went to Paul and asked, “Tell me, are you a Roman citizen?” “Yes, I am,” he answered.
Then the commander said, “I had to pay a lot of money for my citizenship.” “But I was born a
citizen,” Paul replied. Those who were about to interrogate him withdrew immediately. The com
mander himself was alarmed when he realized that he had put Paul, a Roman citizen, in chains.’
Reference suggested by Daniel Gorman (2006) Imperial Citizenship: Empire and the Question of
Belonging, Manchester University Press.
36 Hoyo ibid. p. 5 n. 7.
37 Linda Bosniak (2010) ‘Peasants and Citizens in Consittuional Thought’, pp. 9–29 in I.CONN 8;
Kelly Staples (2012) Retheorising Statelessness, Edinburgh University Press; Katherine Tonkiss
(2013) ‘Constitutional Patriotism, Migration and the post-National Dilemma’, pp. 491–504 in
Citizenship Studies 17(4–3).
38 Ayelet Shachar (2009) Birthright Citizenship: Citizenship and Global Inequality, Harvard Uni
versity Press.
39 Peter Nyers (2006) ‘The Accidental Citizen: Acts of Sovereignty and (un)Making Citizenship’,
pp. 22–41 in Economy and Society 35(1).
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