The Rights and Responsibilities of Citizenship the World Over

R I G H T S

A N D

R E S P O N S I B I L I T I E S O F T H E

C I T I Z E N S H I P W O R L D

O V E R

RIGHTS AND RESPONSIBILITIES OF CITIZENSHIP THE WORLD OVER Rita J. Simon and Alison Brooks

LEXINGTON

BOOKS

A division of ROWMAN

&

LITTLEFIELD

PUBLISHERS,

Lanham • Boulder • New York • Plymouth, UK

INC.

LEXINGTON BOOKS A division of Rowman & Littlefield Publishers, Inc. A wholly owned subsidiary of The Rowman & Littlefield Publishing Group, Inc. 4501 Forbes Boulevard, Suite 200 Lanham, MD 20706 Estover Road Plymouth PL6 7PY United Kingdom Copyright © 2009 by Lexington Books All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of the publisher. British Library Cataloguing in Publication Information Available Library of Congress Cataloging-in-Publication Data Simon, Rita James Rights and responsibilities of citizenship the world over / Rita J. Simon and Alison Brooks. p. cm. Includes index. ISBN-13: 978-0-7391-3272-2 (cloth : alk. paper) ISBN-10: 0-7391-3272-5 (cloth : alk. paper) ISBN-13: 978-0-7391-3274-6 (electronic) ISBN-10: 0-7391-3274-1 (electronic) 1. Citizenship. I. Brooks, Alison, 1985– II. Title. K3224.S55 2009 342.08'3—dc22 2008038950 Printed in the United States of America

⬁ ™ The paper used in this publication meets the minimum requirements of American National Standard for Information Sciences—Permanence of Paper for Printed Library Materials, ANSI/NISO Z39.48-1992.

CONTENTS

Preface Introduction: The History of Citizenship

vii 1

PART I NORTH AMERICA 1 Canada 2 United States

7 13

PART II SOUTH AMERICA 3 Argentina

23

4 Brazil

27

PART III EUROPE 5 Great Britain

35

6 France

43

7 Germany

51

8 Italy

59

9 Sweden

67 v

vi

CONTENTS

PART IV THE RUSSIAN FEDERATION/EASTERN EUROPE 10

Russia

75

11

Poland

83

12

Hungary

89

PART V MIDDLE EAST 13

Egypt

99

14

Israel

105

15

Iran

115

PART VI AFRICA 16

Nigeria

123

17

South Africa

127

PART VII ASIA 18

India

137

19

China

141

20

Japan

145

PART VIII OCEANIA 21

Australia

157

22

Comparative Analysis

167

Concluding Comments

173

Index

175

About the Authors

183

PREFACE

In this 11th volume in the Global Perspectives on Social Issues series we examine and compare the rights and responsibilities of citizenship across 21 countries. The countries included are Canada, the United States, Argentina, Brazil, Great Britain, France, Germany, Italy, Sweden, Hungary, Poland, Russia, Israel, Egypt, Iran, Nigeria, South Africa, India, China, Japan, and Australia. In addition to reporting on the rights that citizens enjoy in the countries listed above, as, for example, the right to run for and hold public office, vote, obtain scholarships, and hold government positions, we also describe the responsibilities that are attached to their role as citizens who, for example, serve in the military, serve on a jury, and pay taxes. For each of the countries we ask and answer the following questions: 1. How is citizenship attained? 2. Can one hold dual citizenship? 3. Are there “second class” citizens (i.e., persons who do not enjoy the same rights that the majority of citizens have)? 4. What are the rights and responsibilities of citizenship? 5. Can one lose one’s citizenship? If yes, how? 6. Are there differences between the rights and responsibilities of naturalized citizens and citizens by birth?

vii

viii

PREFACE

When available, public opinion data are reported on how proud respondents are of the country in which they are citizens as measured by such variables as whether they would rather be a citizen of their country than any other country in the world, how proud they are of their country’s political influence in the world, how proud they are of the way democracy works in their country, and whether they believe they should support their country even if it is in the wrong. Following a brief chapter on the history of citizenship, the volume is organized such that the first part provides a country-by-country profile of each of the issues describing the rights and responsibilities of citizenship and reports on the public opinion data. The last chapter is explicitly comparative and compares countries against each other.

INTRODUCTION: THE HISTORY OF CITIZENSHIP

The idea, definition, and role of citizenship have been formed and have often evolved over thousands of years of history. Many theorists have examined the concept of citizenship and offered definitions of its meaning and boundaries. Controversy has arisen over the rights of citizenship, how one becomes a citizen, and the obligations that come from having citizenship. From its Greek origins and Aristotle, to philosophers Rousseau and Kant, the idea of citizenship has developed and so have theories of its meaning.1 Ancient theories of citizenship are often complex and echo current practices in modern societies. Aristotle’s definition of a citizen was “he who has the power to take part in the deliberative or judicial administration of any state.”2 Roman citizenship was considered to be a privilege and was conferred only onto certain individuals. Slaves were granted citizenship once they were freed. Women’s rights were very limited as they were excluded from political participation and had significantly limited legal rights.3 Roman citizenship was generally acquired by birth if both parents were citizens or granted by the populace. However, some rights of citizenship were restricted according to property qualifications. Cities that were conquered by Rome (e.g., the Latin rights) were given limited citizenship without the right to vote, making them an early group of second class citizens.4 In ancient Athens, the majority of its 200,000 inhabitants was not considered citizens and was without the rights of citizenship.5 Athens’ population was divided into social classes, each group possessing varying statuses in 1

2

INTRODUCTION

society. After the Greek-Persian Wars each person was afforded the full rights of citizenship, irrespective of their social class.6 Some of the rights of citizenship included the right to vote, propose laws, and to sue. Women were not afforded full citizenship rights. Athenian citizenship was considered an active status and involved participation in civic and social life within the larger community.7 Citizens could lose their citizenship or be exiled from Athens if they acted inappropriately. Foreigners who had settled in Athens were called “metics” and were responsible for many obligations of citizenship including paying taxes and serving in the military but were not afforded the rights of citizenship.8 This group of second class citizens could, in extraordinary circumstances, be granted Athenian citizenship. In comparison, we can see how these ancient societies have influenced modern countries’ views and citizenship laws. T. H. Marshall is well known for his theory on citizenship expressed in his 1949 essay, “Citizenship and Social Class.”9 Marshall proposes citizenship as something that guarantees that each person is treated as a full member of society through the delineation of rights. Marshall notes that through the expansion of rights in England from the eighteenth through twentieth centuries, the social classes of citizens were improved. He divides citizenship into three elements: civil, political, and social.10 The civil component to citizenship includes freedom of speech and the right to own property. Marshall considered this element to be necessary for individual freedom. The political component was made up of rights associated with political power and included the right to free elections. Lastly, the social component consisted of rights providing people with security and economic well-being. Marshall’s theory of citizenship is characterized as being a passive take on the concept, since it does not require a citizen’s participation in society. Due to this, many people have criticized Marshall and developed differing theories on citizenship. One divergent theory has come from New Conservatives who argue for a “social responsibility” component to citizenship. This group asserts that citizenship extends beyond what society is obligated to provide, to include the responsibilities that people have to society and others when granted citizenship.11 Without responsibilities, people will become dependent upon the state for support and will not contribute to the greater good. In turn, people will become more self-reliant and self-sufficient when given responsibilities and obligations. This theory has received criticisms from people alleging that reforms of the 1980s (i.e., tax cuts, deregulation) have not promoted citizens to become more responsible.12 In addition, it is argued

INTRODUCTION

3

that imposing more obligations on people who are already burdened will often worsen their situation. Out of this disagreement, a more moderate theory of citizenship emerges that combines rights given by the government with obligations put forth among its citizens. This society would exist where citizens participate in civil affairs of their choosing, while the government is conscious of protecting citizens’ rights and balancing its power.13 How to achieve this ideal is a question that theorists and policymakers continue to debate. Recent debate over the concept and meaning of citizenship revolves around issues of diversity.14 Countries are becoming more ethnically and culturally diverse which has engendered debate over the goals of citizenship. Diversity can be both beneficial and divisive for a society, drawing into question what rights should be afforded to minority groups. Some believe that minority groups threaten society’s ability to promote citizenship and solidify its values and ideals. Skepticism about the role of minorities in society has led to some groups being denied certain rights afforded to the majority, becoming “second class citizens.” Reconciling minority rights with those of other citizens is a continuing challenge that many countries still face.

NOTES 1. W. Kymlicka and W. Norman, “Return of the Citizen: A Survey of Recent Work on Citizenship Theory,” Ethics 104 (1994): 352–81. 2. As cited in C. Patterson, “Athenian Citizenship Law,” in Ancient Greek Law, ed. M. Gagarin and D. Cohen (Cambridge: Cambridge University Press, 2005), 267–89. 3. J. Gardner, Being a Roman Citizen (London: Routledge, 1993). 4. Gardner, Being a Roman Citizen. 5. I. Radulovic, “Citizenship in Ancient Greece—Athens and Sparta: Terms and Sources,” in Citizenship in Historical Perspective, ed. S. G. Ellis, G. Halfdanarson, and A. K. Isaacs (Pisa: Pisa University Press, 2006), 25–34. 6. Radulovic, “Citizenship in Ancient Greece,” 25–34. 7. Radulovic, “Citizenship in Ancient Greece,” 25–34. 8. Radulovic, “Citizenship in Ancient Greece,” 25–34. 9. T. H. Marshall, Class, Citizenship, and Social Development (New York: Anchor (1965). 10. B. Turner, “The Erosion of Citizenship,” The British Journal of Sociology 52 (2001): 189–209. 11. Kymlicka and Norman, “Return of the Citizen,” 352–81.

4

INTRODUCTION

12. N. Barry, “Markets, Citizenship and the Welfare State: Some Critical Reflections,” in Citizenship and Rights in Thatcher’s Britain: Two Views, ed. R. Plant and N. Barry (London: IEA Health and Welfare Unit, 1990). 13. Kymlicka and Norman, “Return of the Citizen,” 352–81. 14. R. Rosaldo, “Cultural Citizenship, Inequality, and Multiculturalism,” in Latino Cultural Citizenship: Claiming Space, Identity, and Rights, ed. W. Flores and R. Benmayor (Boston: Beacon Press, 1998).

I NORTH AMERICA

1 CANADA

Canada borders the North Atlantic Ocean in the east, the North Pacific Ocean in the west, the Arctic Ocean in the north, and the United States in the South. It is a nation of 31.4 million inhabitants in 10 provinces and 3 territories. The official languages are English and French. Within Canada, 28 percent are Anglophones, 23 percent Francophones, 15 percent Europeans, 6 percent Asian/Arab/African, 2 percent indigenous Amerindian, and 26 percent have mixed backgrounds. Roman Catholicism is practiced by 46 percent of the population, followed by Protestantism (36 percent), Judaism (4.2 percent), Islam (2 percent), and other (11.8 percent). The Canadian government is a confederation, founded on July 1, 1867, with a parliamentary democracy. Its Constitution is “the amended British North America Act of 1867 patriated to Canada on April 17, 1982, Charter of Rights and Freedoms, and unwritten customs.” Queen Elizabeth II is the recognized head of state though there is also a prime minister and cabinet. The legislative branch is a bicameral parliament with a 301-member House of Commons and a 105-member Senate. The judicial branch consists of the Supreme Court.1

7

8

CHAPTER 1

HOW IS CITIZENSHIP ATTAINED? An individual who is born in Canada after February 14, 1977, is automatically a Canadian citizen unless neither of his or her parents are citizens or permanent residents. Furthermore, children born outside of Canada to one or more Canadian parent are citizens as well. Canadian law assumes that children under the age of seven who are found parentless in Canada are Canadian citizens unless proven otherwise.2 To become a naturalized Canadian citizen, you must first be a permanent resident for four years and must have lived in Canada for at least three of those years. Additional requirements include that the person must be at least 18 years of age, able to pass a citizenship test, have adequate knowledge of French or English, and willing to take an oath of citizenship. An applicant for naturalized citizenship must not be charged with an indictable crime or have been convicted of an indictable crime in the last three years. The individual must also not have been in prison, on probation, or on parole for more than a year in the last four years.

CAN ONE HOLD DUAL CITIZENSHIP? Yes. Since February 15, 1977, Canadians have been allowed to hold multiple citizenships.3

ARE THERE “SECOND CLASS” CITIZENS? In general, Canadian citizens are treated equally and without discrimination. While there have been reports of discrimination against religious minorities by fellow citizens, the government has worked to promote tolerance and understanding.4 There have been allegations of discriminatory treatment based on language in some provinces in Canada. While English and French are both official languages, access to publicly funded English education is restricted in Quebec to those who did most of their primary or secondary education in English. Access to publicly funded English education is not considered a right of French-speaking residents of Quebec; however, immigrants and those who move to Quebec from other provinces are able to obtain access through a waiver.5

CANADA

9

RIGHTS AND OBLIGATIONS The Canadian Charter of Rights and Freedoms lists many rights that Canadian citizens possess. These include freedom of conscience, religion, expression, association, and the right to vote.6 Citizens are obligated to obey the law, care for the environment, respect the rights and freedoms of others, and vote in elections.7 CAN ONE LOSE ONE’S CITIZENSHIP? There are a few ways in which someone can lose or renounce their Canadian citizenship. If a person acquired their Canadian citizenship by descent, that is, they were born of Canadian parent(s) outside of Canada, they lose that citizenship at the age of 28 unless the person applies to keep their citizenship and registers as a citizen and lives in Canada for at least a year or makes “substantial connection with Canada.”8 A Canadian citizen may also renounce his citizenship if he has acquired citizenship in another country. ARE THERE DIFFERENCES BETWEEN THE RIGHTS AND RESPONSIBILITIES OF NATURALIZED CITIZENS AND CITIZENS BY BIRTH? By Canadian law, all citizens of Canada, regardless of the origin of their birth, are “entitled to all rights, powers and privileges and are subject to all obligations, duties and liabilities” as a native born citizen.9 PUBLIC OPINION ON CITIZENSHIP The vast majority of Canadian respondents (80 percent in 1995 and 87 percent in 2003) agreed that they would rather be a citizen of Canada than any other country.10 Similarly, most Canadians felt that their country was better than most other nations (76 percent in 1995 and 79 percent in 2003). When asked in 1995 if the world would be a better place if more people were like Canadians, less than half of the respondents (45 percent) agreed with that statement. However, in 2003, just over half of the respondents (57 percent) agreed. Approximately half of all respondents in both years agreed that there were things about Canada that made them feel ashamed (55 percent

1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003

Would rather be a citizen of Canada than any other country.

There are things about Canada that make me feel ashamed.

World would be a better place if more people were like Canadians.

Canada is a better country than most other nations.

People should support country even if it’s wrong.

Proud to be Canadian when country does well in international sports.

Canada

Table 1.1. Canadian National Pride (in Percent)

32 40

6 3

36 30

16 18

14 12

55 60

Strongly Agree

41 46

10 15

40 49

29 39

41 38

25 27

Agree

20 12

16 19

15 15

32 29

19 22

14 10

Neither

5 2

46 51

7 5

16 11

19 20

4 2

Disagree

2 1

22 12

2 1

7 3

7 8

2 1

Strongly Disagree

100 (1,453) 100 (1,150)

100 (1,431) 100 (1,135)

100 (1,454) 100 (1,142)

100 (1,437) 100 (1,134)

100 (1,438) 100 (1,129)

100 (1,453) 100 (1,151)

Total (N)

1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003

The way democracy works

Its political influence in the world

Its economic achievements

Its social security system

Its scientific and technological achievements

Its achievements in sports

Its achievements in the arts and literature

Its armed forces

Its history

Its fair and equal treatment of all groups in society

Canada

N/A 26

41 44

21 29

33 27

33 32

39 34

33 24

14 15

24 14

34 19

Very Proud

N/A 50

43 49

39 40

55 62

54 55

51 59

49 55

49 67

56 58

50 63

Somewhat Proud

Table 1.2. How Proud Are You of Canada in Each of the Following? (in Percent)

N/A 18

11 7

24 22

9 9

10 9

8 6

13 16

28 16

16 24

12 15

Not Very Proud

N/A 6

5 1

16 9

3 2

3 3

2 1

5 4

10 2

4 4

3 3

Not Proud at All

N/A 100 (1,105)

100 (1,372) 100 (1,110)

100 (1,359) 100 (1,102)

100 (1,348) 100 (1,024)

100 (1,346) 100 (1,108)

100 (1,384) 100 (1,101)

100 (1,406) 100 (1,117)

100 (1,378) 100 (1,091)

100 (1,352) 100 (1,089)

100 (1,394) 100 (1,106)

Total (N)

12

CHAPTER 1

in 1995 and 50 percent in 2003). Finally, hardly any respondents agreed that citizens should support their country even if it’s wrong (16 percent in 1995 and 18 percent in 2003). Canadian respondents were also exceedingly proud of the way democracy works in their country (with 84 percent in 1995 and 82 percent in 2003 reporting they were “very” or “somewhat” proud). While an overwhelming majority of respondents felt proud of Canada’s political influence in the world, a greater percentage felt this way in 1995 (80 percent) than in 2003 (72 percent). Canada’s history is also another significant source of pride for respondents; 84 percent of respondents in 1995 and 93 percent in 2003 were proud of their nation’s history. In 1995, a majority of respondents were proud of Canada’s military (60 percent), but a slightly greater percentage felt the same way in 2003 (69 percent). While 63 percent of respondents in 1995 felt proud of Canada’s economic achievements, this percentage increased dramatically to 82 percent in 2003. Respondents also expressed a high level of pride in Canada’s social security system (82 percent in 1995 and 79 percent in 2003), scientific and technological achievements (90 percent in 1995 and 93 percent in 2003), sports achievements (87 percent in 1995 and 2003), and arts and literature achievements (88 percent in 1995 and 89 percent in 2003). NOTES 1. CIA. The World Factbook Canada. www.cia.gov/library/publications/the -world-factbook/geos/ca.html (accessed October 20, 2007). 2. Canadian Citizenship Law, Citizenship Act. 1974-75-76, c. 108, s.1. 3. Dual Citizenship, available at www.cic.gc.ca/english/about/citizenship/dual-info .asp (March 3, 2008). 4. U.S. Department of State, 2006 Country Reports on Human Rights Practices, Canada, March 6, 2007, available at www.state.gov/g/drl/rls/hrrpt/2006/78883. htm (March 3, 2008). 5. U.S. Department of State, 2006 Country Reports on Human Rights Practices, Canada. 6. Canadian Charter of Rights and Freedoms, available at laws.justice.gc.ca/en/ Const/annex_e.html#I (March 3, 2008). 7. Rights and Responsibilities in Canada, available at www.cic.gc.ca/english/ about/citizenship/rights-fs.asp (March 3, 2008). 8. Canadian Citizenship Law, Citizenship Act. 1974-75-76, c. 108, s. 8. 9. Canadian Citizenship Law, Citizenship Act. 1974-75-76, c. 108, s. 5. 10. Data was obtained from the International Social Survey Programme’s National Identity survey from 1995 and 2003.

2 UNITED STATES

The United States occupies a large portion of North America, stretching across the continent between Mexico and Canada, and includes Hawaii in the Pacific Ocean and Alaska on the northwestern border of Canada. With 301.1 million people, the United States is the third-largest nation in the world in population, behind only China and India. In area, it is the fourthlargest country after Russia, Canada, and China. Three-fourths of the U.S. population live in urban areas, and more than forty metropolitan areas have populations over one million. Approximately 82 percent of Americans are Caucasian; 12.9 percent are African American; 4 percent are Asian or Pacific Islander; and 0.8 percent are American, Indian, Eskimo, or Aleut. Hispanic Americans make up 14 percent of the population. The United States is a democratic nation headed by a president who holds executive power. The Congress, consisting of the House of Representatives and the Senate, exercises legislative power. The judicial power rests in the hands of the Supreme Court, which interprets the highest law of the land, the Constitution. For administrative purposes the country is divided into 50 territories known as states, and the District of Columbia, the nation’s capital. Each state has its own executive, legislative, and judicial powers. Each state is also subject to the laws made by the federal government, which surpasses any state law. 13

14

CHAPTER 2

English is the official language and is the language of instruction for educational purposes and on official documents. There is no established religion in the United States. Under the Constitution, individuals have the freedom to practice whichever religion they choose; 56 percent of Americans are Protestant, 26 percent are Roman Catholic, and 2 percent are Jewish. There are many other religions represented in smaller minorities, such as Muslims, Hindus, and Buddhists.1

HOW IS CITIZENSHIP ATTAINED? The United States is unique due to the fact that a person may become a citizen at birth if born in the country, regardless of his or her parents’ nationalities.2 If born outside the United States, a person may acquire citizenship at birth if both parents are citizens and at least one has lived in the country before the child’s birth.3 In the case of only one parent being a citizen, that parent must have lived in the country continuously for at least one year prior to the child’s birth.4 Citizenship by birth can also be acquired if the child’s parents are unknown.5 Some exceptions are made for people born outside the United States if a parent is involved with the government or military. A person may also gain nationality through naturalization. The requirements for becoming a naturalized citizen include residence in the United States for at least five years immediately preceding application for citizenship and having been physically present in the country for at least half that time.6 A person must be of good moral character, demonstrate understanding of English, exhibit knowledge of the country’s history and government through a citizenship test, and take an oath of allegiance.7 The citizenship test has recently been revised to ensure fairness and accurate testing of applicants’ knowledge and will be effective in October 2008.8 The spouse of a citizen may be naturalized if he or she has been married to the citizen and lived in the country for at least three years preceding the application.9 Exemptions from the residency requirement exist generally for people who have served in the military.

CAN ONE HOLD DUAL CITIZENSHIP? The United States permits dual nationality and does not restrict its citizens from obtaining foreign citizenship.10

UNITED STATES

15

ARE THERE “SECOND CLASS” CITIZENS? While all citizens are legally afforded the same rights and protections, there have been reports of human rights violations within the United States. There have been reports of abuse occurring as a result of the country’s fight against terrorism, including inhumane treatment of detainees and violation of rights through its detention practices, which often involve isolating arrestees and not providing legal aid through controversial interpretations of the law.11 The government has not specifically addressed some of these issues and defends its stance against inhumane treatment of detainees and prisoners.12 RIGHTS AND OBLIGATIONS There are several rights and responsibilities of U.S. citizenship. Citizens enjoy many freedoms under the Bill of Rights including the right to free speech, freedom of the press, freedom of religion, assembly, association, and guarantees of equal treatment.13 Citizens also have the right to run for public office, vote, and voice opposition to the government.14 Citizens have the responsibilities to serve on juries if called and pay income taxes, and males over the age of 18 must register with the Selective Service and serve in the military in the case of a draft.15 CAN ONE LOSE ONE’S CITIZENSHIP? United States citizenship is very difficult to lose unless it was obtained through fraudulent means, if the person committed an act of treason against the country, or if he or she intentionally renounces it.16 The following may cause a person to relinquish citizenship only if performed voluntarily and with the intention of losing citizenship: if he or she obtains foreign citizenship after the age of 18 or accepts a position with or serves in the military of a foreign government where he or she holds citizenship or must take an oath of allegiance.17 ARE THERE DIFFERENCES BETWEEN THE RIGHTS AND RESPONSIBILITIES OF NATURALIZED CITIZENS AND CITIZENS BY BIRTH? The United States Constitution states that “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of

16

CHAPTER 2

the United States and of the state wherein they reside” and are entitled to equal protection under the law.18 The only difference between rights afforded to citizens by birth and those who became citizens through naturalization is that only citizens by birth can be elected to the presidency.19

PUBLIC OPINION ON CITIZENSHIP The vast majority of American respondents (90.8 percent in 1995 and 90 percent in 2003) reported that they would rather be a citizen of the United States than any other country.20 Additionally, a majority felt that the United States is a better country than most other nations (81.2 percent in 1995 and 78.8 percent in 2003). However, less than half of respondents felt that the world would be a better place if more people were like Americans (40.3 percent in 1995 and 40.6 percent in 2003). In addition, a slight majority of all respondents agreed that there are things about the United States that make them feel ashamed (65.4 percent in 1995 and 56.1 percent in 2003). Finally, a minority of respondents (32 percent in 1995 and 36.4 percent in 2003) agreed that citizens should support their country even when it’s wrong. The large majority of respondents (83.2 percent in 1995 and 88.7 percent in 2003) are proud of the way democracy works in the United States. Americans are also proud of their nation’s history, with 87.6 percent in 1995 and 92.2 percent in 2003 reporting that they were “very” or “somewhat” proud. Also, most American respondents are proud of their country’s political influence in the world (79.9 percent in 1995 and 77.7 percent in 2003). Similar percentages are reported when Americans are asked about their country’s fair and equal treatment of all groups in society (57.4 percent in 1995 and 74.6 percent in 2003). Americans are very proud of their country’s economic achievements (81.9 percent in 1995 and 86.7 percent in 2003). Respondents conveyed lower levels of pride in the United States’ social security system, with 50 percent in 1995 and 54.7 percent in 2003 reporting being “very” and “somewhat” proud. American respondents’ pride in their military is extremely high, with 90.8 percent in 1995 and 93.9 percent in 2003 reporting being proud of their country’s armed forces. Finally, American citizens have high levels of pride in their country’s achievements in the arts and literature (88.4 percent in 1995 and 92.3 percent in 2003), science and technology (94.9 percent in 1995 and 95.6 percent 2003), and sports (88.4 percent in 1995 and 90.2 percent in 2003).

1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003

Would rather be a citizen of the United States than any other country.

There are things about the United States that make me feel ashamed.

World would be a better place if more people were like the Americans.

The United States is a better country than most other nations.

People should support country even if it’s wrong.

Proud to be American when country does well in international sports.

United States

Table 2.1. American National Pride (in Percent)

34.6 34.7

10.9 11.3

39.5 40.7

14.9 15.9

16.7 18.2

70.8 74.7

Strongly Agree

43.6 41.34

21.1 25.1

41.7 38.1

25.4 24.7

48.7 37.9

20 15.3

Agree

18 20.6

18.6 22.5

12.6 15.6

33.8 35

15.8 19

6.6 7.1

Neither

2.1 2.3

37.9 32

4.6 4.8

21.6 18.7

13.6 16.4

2.1 2.3

Disagree

1.6 1.2

11.5 9.1

1.6 .8

4.3 5.7

5.1 8.6

.5 .7

Strongly Disagree

100 (1265) 100 (1197)

100 (1315) 100 (1193)

100 (1329) 100 (1197)

100 (1299) 100 (1197)

100 (1328) 100 (1202)

100 (1341) 100 (1199)

Total (N)

1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003

The way democracy works

Its political influence in the world

Its economic achievements

Its social security system

Its scientific and technological achievements

Its achievements in sports

Its achievements in the arts and literature

Its armed forces

Its history

Its fair and equal treatment of all groups in society

United States

18.2 25.2

49.5 61.4

49 75.8

31 41.4

37.7 44.7

50.8 58.8

13.9 12.9

29.2 39.1

22 22.9

28.9 33

Very Proud

39.2 49.4

38.1 30.8

41.8 18.1

57.4 51.2

50.7 45.5

44.1 36.8

36.1 41.8

52.7 47.6

57.9 54.9

54.3 55.7

Somewhat Proud

31.2 20.1

8.4 5.9

6.8 4.5

9 6.3

8.1 7.7

44 3.2

38.3 34

15.1 11.2

16.9 19.1

14.1 9.5

Not Very Proud

Table 2.2. How Proud Are You of the United States in Each of the Following? (in Percent)

11.4 5.3

4 1.9

2.4 1.6

2.6 1.1

3.5 2

.7 1.2

11.7 11.3

3 2.1

3.2 3.1

2.7 1.9

Not Proud at All

100 (1277) 100 (1162)

100 (1288) 100 (1184)

100 (1288) 100 (1184)

100 (1244) 100 (1134)

100 (1264) 100 (1142)

100 (1276) 100 (1176)

100 (1298) 100 (1167)

100 (1282) 100 (1181)

100 (1273) 100 (1151)

100 (1277) 100 (1150)

Total (N)

UNITED STATES

19

NOTES 1. CIA. The World Factbook. US. http://www.cia.gov/library/publications/the -world-factbook/geos/us.html (accessed October 20, 2007). 2. Immigration and Nationality Act, Chapter 1, available at www.uscis.gov/ propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558dbe (February 22, 2008). For more detailed information on citizenship and naturalization requirements, including all special circumstances and conditions see A Guide to Naturalization, available at www.uscis.gov/files/article/M-476.pdf (February 25, 2008). 3. A Guide to Naturalization. 4. A Guide to Naturalization. 5. A Guide to Naturalization. 6. Immigration and Nationality Act, Chapter 2, available at www.uscis.gov/ propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558dbe (February 22, 2008). 7. Immigration and Nationality Act, Chapter 2. 8. U.S. Citizenship and Immigration Services, Redesigned Naturalization Test, available at www.uscis.gov/portal/site/uscis (February 25, 2008). 9. Immigration and Nationality Act, Chapter 2, available at www.uscis.gov/ propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558dbe (February 22, 2008). 10. Immigration and Nationality Act, Chapter 3, available at www.uscis.gov/ propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558dbe (February 22, 2008). 11. Human Rights Watch World Report 2006, United States, available at hrw .org/wr2k6/us/index.htm (February 22, 2008). 12. Human Rights Watch World Report 2006, United States. 13. Constitution of the United States of America, available at www.law.cornell .edu/constitution/constitution.overview.html (February 25, 2008). 14. Constitution of the United States of America. 15. Constitution of the United States of America. 16. Immigration and Nationality Act, Chapter 3, available at www.uscis.gov/ propub/ProPubVAP.jsp?dockey=cb90c19a50729fb47fb0686648558dbe (February 22, 2008). 17. Immigration and Nationality Act, Chapter 3. 18. Constitution of the United States of America, Fourteenth Amendment, available at www.law.cornell.edu/constitution/constitution.overview.html (February 25, 2008). 19. Constitution of the United States of America, Article Two, Section One, available at www.law.cornell.edu/constitution/constitution.overview.html (February 25, 2008). 20. Data was obtained from the International Social Survey Programme’s National Identity surveys from 1995 and 2003.

II SOUTH AMERICA

3 ARGENTINA

The Federal Republic of Argentina is the second-largest country in South America and occupies much of the southern portion of the continent. The Republic, which is located between Uruguay and Chile, has a population of 39.5 million. The majority of the population is white with Italian or Spanish ancestry (97 percent), while other ethnic groups include Amerindians and mestizos, who are white-Amerindians.1 Roman Catholics make up 90 percent of the population, and the church plays a major role in shaping the country’s laws and policies, especially those concerning women’s issues. Other practiced religions are Protestantism (2 percent) and Judaism (2 percent). While the official language in Argentina is Spanish, English, Italian, German, French, and many Native American languages are also spoken. Argentina is a major agricultural producer, but is also highly industrialized, with the vast majority of its citizens (86 percent) living in urban centers. Major industries include food processing, motor vehicles, chemicals, steel, printing, and textiles.2 Argentine exports include edible oils, fuel, cereal, and motor vehicles, while its imports include machinery, chemicals, and plastics. Argentina is a federal republic headed by a president, who is assisted by a Council of Ministers. Legislative powers are vested in a national congress consisting of a senate and a Chamber of Deputies. All constitutional provisions have been repeatedly suspended and then reinstated. As of 1994, 23

24

CHAPTER 3

several parts of Argentina’s Constitution were revised, although the basic system of government remained unchanged.

HOW IS CITIZENSHIP ATTAINED? Argentine citizenship is obtained at birth by being born to Argentine parents regardless of the location of birth (either in Argentina or abroad).3 Additionally, children born in Argentina also become citizens at birth regardless of the nationality of their parents.4 The only exception to this is children who are born to foreign diplomats. Finally, children who are born on Argentine ships are also made citizens at birth.5 Foreigners can achieve citizenship through naturalization as long as they have lived in the country for two years and can demonstrate that they can financially provide for themselves.6 Additionally, those who are married to Argentine citizens can become naturalized citizens.7

CAN ONE HOLD DUAL CITIZENSHIP? For the most part, Argentina does not allow nor does it recognize dual nationality. This is evidenced by the fact that one way a citizen may lose his Argentine citizenship is by acquiring the citizenship of a foreign nation (see the section on loss of citizenship below). However, there are a few exceptions to this rule. Children who are born abroad to Argentine parent(s) who acquire both Argentine citizenship and citizenship of a foreign country may hold dual nationality until they reach 18 years old.8 At that point, they must choose which country’s citizenship they want to retain. Additionally, Argentina has agreements with a number of countries to permit dual nationality. These countries include Spain, Columbia, Chile, El Salvador, Honduras, Italy, Nicaragua, Norway, Panama, Sweden, and the United States.9

ARE THERE “SECOND CLASS” CITIZENS? While Argentina’s government has made efforts to promote tolerance and equality, religious minorities and women have been victims of discrimination. Women have experienced job-related discrimination and religious and ethnic minorities have encountered higher poverty and illiteracy rates, discrimination, and property destruction.10

ARGENTINA

25

RIGHTS AND OBLIGATIONS The Argentine Constitution lists several rights of its citizens. These include the rights to work, trade, travel, profess their religion, teach, and petition authorities.11 Every citizen is obligated to defend the country. People who obtained citizenship by naturalization are not obligated to participate in the military during the 10 years immediately following naturalization.12 CAN ONE LOSE ONE’S CITIZENSHIP? There are a number of reasons why a citizen might lose his Argentine nationality involuntarily. If a citizen acquires the nationality of another country, he will lose his Argentine citizenship.13 This applies to everyone except for those who are exempt by law (see the section on dual citizenship above). Additionally, citizenship will be lost if a citizen works for a foreign government without first obtaining the permission of the Argentine government. Finally, citizenship will automatically be lost if a person “commits fraudulent bankruptcy or has an infamous sentence passed.”14 Citizens may also voluntarily renounce their Argentine citizenship by making a formal request with the government.15

ARE THERE DIFFERENCES BETWEEN THE RIGHTS AND RESPONSIBILITIES OF NATURALIZED CITIZENS AND CITIZENS BY BIRTH? While defending the country is an obligation of all citizens, people who obtained citizenship by naturalization are not obligated to participate in the military during the 10 years immediately following naturalization.16 PUBLIC OPINION ON CITIZENSHIP There are no data pertaining to public opinion on citizenship. NOTES 1. CIA World Factbook, Argentina, available at www.cia.gov/cia/publications/ factbook/geos (2005).

26

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2. CIA World Factbook, Argentina. 3. Information available at www.smdc.army.mil/ADR/forpref/country1.htm (October 30, 2007). 4. Information available at www.smdc.army.mil/ADR/forpref/country1.htm (October 30, 2007). 5. Information available at www.smdc.army.mil/ADR/forpref/country1.htm (October 30, 2007). 6. Information available at www.justlanded.com/english/argentina/tools/just_ landed_guide/visas_permits/citizenship (October 30, 2007). 7. Information available at www.smdc.army.mil/ADR/forpref/country1.htm (October 30, 2007). 8. Information available at www.justlanded.com/english/argentina/tools/just_ landed_guide/visas_permits/citizenship (October 30, 2007). 9. Information available at www.justlanded.com/english/argentina/tools/just_ landed_guide/visas_permits/citizenship (October 30, 2007). 10. U.S. Department of State, 2006 Country Reports on Human Rights Practices, Argentina, March 6, 2007, available at www.state.gov/g/drl/rls/hrrpt/2006/78877 .htm (March 6, 2008). 11. Constitution of the Argentine Nation, Chapter 1, Section 14, available at www.argentina.gov.ar/argentina/portal/documentos/constitucion_ingles.pdf (March 6, 2008). 12. Constitution of the Argentine Nation, Chapter 1, Section 21. 13. Information available at www.smdc.army.mil/ADR/forpref/country1.htm (October 30, 2007). 14. Information available at www.smdc.army.mil/ADR/forpref/country1.htm (October 30, 2007). 15. Information available at www.smdc.army.mil/ADR/forpref/country1.htm (October 30, 2007). 16. Constitution of the Argentine Nation, Chapter 1, Section 21.

4 BRAZIL

The Federative Republic of Brazil is a Democratic country located in South America and is bordered by the Atlantic Ocean and all South American nations with the exception of Chile and Ecuador. Brazil’s 177 million people live in 27 states and a federal district throughout regions of the North, Northeast, Center-West, Southeast, and South.1 Each state has its own constitution. The official language is Portuguese, but Spanish, English, and French are also spoken. Approximately 55 percent of the population is white and of Portuguese, Spanish, Polish, Italian, and German ancestry, while other ethnic groups include blacks (6 percent); mixed white and black (38 percent); and persons of Japanese, Arab, or Amerindian descent (1 percent). Approximately 74 percent of Brazilians are Roman Catholic.2 Brazil’s Constitution was promulgated on October 5, 1988, and has undergone over 40 amendments. The Brazilian government consists of three independent branches: executive, legislative, and judicial.3 HOW IS CITIZENSHIP ATTAINED? Individuals become Brazilian citizens at birth if they are born in the country regardless of their parents’ citizenship. The only exception to this is if the parents are foreigners who are living in Brazil while in service to their 27

28

CHAPTER 4

native country (e.g., as diplomats). Relatedly, children born abroad to Brazilian parents who are similarly serving their country (presumably as diplomats) are also automatically granted Brazilian citizenship at birth. Finally, children born abroad to a Brazilian mother or father can obtain Brazilian citizenship by registering with the government. This also applies to individuals born of at least one Brazilian parent abroad who lives in Brazil before becoming an adult and who chooses Brazilian citizenship once reaching adulthood.4 Naturalization is the other process by which individuals can become Brazilian citizens. In order to achieve citizenship in this manner, an individual must be a permanent resident of Brazil, have lived in the country for at least four years, be able to read and write Portuguese, and have a means of supporting himself, either through a job or spousal or family support. Finally, the person must be able to demonstrate he possesses “good behavior,” has not been charged with a crime that carries a punishment of more than a year in prison, does not have any income tax debt in Brazil, and is in good health (this requirement is waived if the individual has lived in Brazil for two years).5 The residency requirement of four years is reduced for people who fall into any of the following categories: if they have a Brazilian child or are married to a Brazilian (one year of residency is required); if they have a Brazilian parent (one year of residency required); if they are in service to Brazil, presumably through the military (one year of residency required); or if they have special professional, scientific, or artistic abilities (two years of residency required).6 The Brazilian Constitution also asserts that those emigrating from Portuguese-speaking countries only need to live in the country for one year and be of “good moral repute.”7 CAN ONE HOLD DUAL CITIZENSHIP? For the most part, dual nationality in Brazil is prohibited. There are only two exceptions to this rule. One is if the Brazilian citizen obtains the nationality of a foreign country that recognizes the citizenship of the original nationality (Brazilian).8 The other exception is if a Brazilian is required by a foreign government to obtain the citizenship of the other nation in order to remain in the country or to exercise civil rights.9 ARE THERE “SECOND CLASS” CITIZENS? For the most part, Brazil does not have any major problems with “second class” citizen issues. In contrast, Brazilian law and the Constitution clearly

BRAZIL

29

demarcate the rights afforded to all citizens (see next section). Specifically, Brazilian law does not allow for the “denial of public or private facilities, employment, or housing to anyone based on race.”10 However, the country still has issues with racial discrimination, particularly for the Afro-Brazilian population.11 The types of discrimination experienced by this group include being “underrepresented in professional positions and in the middle and upper classes; they experienced a higher rate of unemployment and earned average wages approximately half those of a white person.”12 Additionally, the Afro-Brazilian citizens tend to have less formal education and are overrepresented in the prison system.13 The citizenship status and rights of the Indian populations of Brazil are more difficult to ascertain. Brazil has a large number of indigenous groups (more than 200) that make up less than 1 percent of the population.14 They live largely in the rural parts of the country and are often cut off from the rest of society. Some speak Portuguese but many speak an indigenous language. There is some debate as to whether or not Brazilian Indians are full citizens. Past policy of Brazil was to treat Indians as if they were wards of the state. As such, they did not enjoy full political and civil rights. With the introduction of the new Constitution in 1988, indigenous peoples were given greater rights. However, this did not resolve the citizenship issue. Some contend that “Indians are not considered full Brazilian citizens, which has allowed non-indigenous people to discriminate against them as ‘less than full people.’”15 Others are less certain, arguing that the Constitution ushered in an era of greater citizenship for Brazilian Indians. Ultimately, “there is no consensus among legal and other experts as to the appropriateness of ascribing the status of citizen to indigenous peoples.”16 While the Brazilian Constitution devotes attention to the rights of the Indian populations, it has been difficult for the government to enforce those rights. For example, the Constitution states that Indians shall have their social organization, customs, languages, creeds, and traditions recognized, as well as their native rights to the lands they traditionally occupy, it being incumbent upon the Republic to demarcate them and protect and ensure respect for all their property.17

Despite the protections afforded to them in the Constitution, Indian peoples find their land rights continually besieged by land developers, those looking to expand the agriculture sector, and miners.18 Furthermore, violent altercations between indigenous and non-indigenous people have taken place over such land.19 Finally, much like the Afro-Brazilians, indigenous

30

CHAPTER 4

peoples experience discrimination due to their darker skin color, tend to be poorer and less educated, and have less access to health care.20

RIGHTS AND OBLIGATIONS The Brazilian Constitution enumerates a number of rights that are accorded to all citizens. The following are just a few examples. For instance, all citizens are considered equal before the law.21 Additionally, the Constitution asserts that “Education, health, work, leisure, security, social security, protection of motherhood and childhood, and assistance to the destitute, are social rights under this Constitution.”22 The Constitution also states that health is a right to which all citizens are entitled.23 The same is true of education.24 Citizenship also carries with it certain obligations. Military service is required of all citizens.25 However, women and members of the clergy are exempt from compulsory military service but may be required to perform other duties. All citizens must register to vote and citizens over the age of 18 are required to participate in elections.26 Those who are illiterate, over 70 years old, and between 16 and 18 years old are exempt from mandatory voting.27 They can vote but are not required to. However, voting is a privilege of citizenship; foreigners cannot vote in elections.28

CAN ONE LOSE ONE’S CITIZENSHIP? Brazilian citizenship can be lost by naturalized citizens who engage in “activity harmful to the national interests.”29 Additionally, citizenship may be revoked if a Brazilian possesses the nationality of another country (see the section on dual citizenship). The only exceptions include those who obtain citizenship in a foreign country that recognizes the citizenship of the original nationality (Brazilian) or if the foreign government requires citizenship in order to remain in the country or to exercise civil rights.30

ARE THERE DIFFERENCES BETWEEN THE RIGHTS AND RESPONSIBILITIES OF NATURALIZED CITIZENS AND CITIZENS BY BIRTH? In Brazil, the Constitution specifically states that the laws of the nation cannot make distinctions between the rights of naturalized citizens and

BRAZIL

31

citizens by birth.31 The only exceptions to this are any differences that may be spelled out in the Constitution itself. As such, the Constitution specifies that only citizens by birth can serve the country in the following capacities: as president or vice president of the republic, president of the Chamber of Deputies, president of the Federal Senate, justice of the Supreme Federal Court, diplomat, and officer in the armed forces.32 Furthermore, the Brazilian Constitution asserts that Portuguese citizens residing in Brazil, as long as they possess permanent resident status, will have the same rights as Brazilian citizens. This extension of rights to Portuguese citizens demands that Portuguese law treats Brazilians the same way.33

PUBLIC OPINION ON CITIZENSHIP There are no data available pertaining to public opinion on citizenship.

NOTES 1. CIA World Factbook Country Reports, by country, available at www.cia.gov (June 10, 2008). 2. CIA World Factbook Country Reports. 3. CIA World Factbook Country Reports. 4. Information made available by www.helplinelaw.com/law/brazil/citizenship/ citizenship.php (September 9, 2006). 5. Information made available by www.helplinelaw.com/law/brazil/citizenship/ citizenship.php (September 9, 2006). 6. Information made available by www.helplinelaw.com/law/brazil/citizenship/ citizenship.php (September 9, 2006). 7. Article 12, Brazilian Constitution, available at www.servat.unibe.ch/law/icl/ br00000_.html. 8. Article 12, paragraph 4, Brazilian Constitution. 9. Article 12, paragraph 4, Brazilian Constitution. 10. U.S. Department of State, 2006, Brazil, Country Reports on Human Rights Practices, available at www.state.gov/g/drl/rls/hrrpt/2006/. 11. U.S. Department of State, 2006, Brazil, Country Reports on Human Rights Practices. 12. U.S. Department of State, 2006, Brazil, Country Reports on Human Rights Practices. 13. U.S. Department of State, 2006, Brazil, Country Reports on Human Rights Practices.

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14. Minorities At Risk Assessment for Amazonian Indians in Brazil, available at www.cidcm.umd.edu/mar/assessment.asp?groupId=14002. 15. Minorities At Risk Assessment for Amazonian Indians in Brazil. 16. A. R. Ramos (2003), “The Special (or Specious?) Status of Brazilian Indians,” Citizenship Studies 7 (4): 403. 17. Article 231, Brazilian Constitution. 18. U.S. Department of State, 2006, Brazil, Country Reports on Human Rights Practices. 19. U.S. Department of State, 2006, Brazil, Country Reports on Human Rights Practices. 20. U.S. Department of State, 2006, Brazil, Country Reports on Human Rights Practices; and Minorities At Risk Assessment for Amazonian Indians in Brazil. 21. Article 5, Brazilian Constitution. 22. Article 6, Brazilian Constitution. 23. Article 196, Brazilian Constitution. 24. Article 205, Brazilian Constitution. 25. Article 143, Brazilian Constitution. 26. Article 14, Brazilian Constitution. 27. Article 14, Brazilian Constitution. 28. Article 14, Brazilian Constitution. 29. Article 12, paragraph 4, Brazilian Constitution. 30. Article 12, paragraph 4, Brazilian Constitution. 31. Article 12, paragraph 2, Brazilian Constitution. 32. Article 12, paragraph 3, Brazilian Constitution. 33. Article 12, paragraph 1, Brazilian Constitution.

III EUROPE

5 GREAT BRITAIN

Great Britain is located in Western Europe. It is between the North Atlantic Ocean and the North Sea, and is northwest of France. The population is 60,094,648 (July 2003 est.). The ethnic groups are English (81.5 percent), Scottish (9.6 percent), Irish (2.4 percent), Welsh (1.9 percent), Ulster (1.8 percent), West Indian, Indian, Pakistani, Black Caribbean, Black African, and other (2.8 percent). The religions are Anglican and Roman Catholic (40 million), Muslim (1.5 million), Presbyterian (800,000), Methodist (760,000), Sikh (500,000), Hindu (500,000), and Jewish (350,000). The languages spoken are English, Welsh, and Gaelic.1 Great Britain is a constitutional monarchy and the monarch is the sovereign head of state and head of government. The government is comprised of the legislature (Parliament), the executive, and the judiciary. Parliament consists of the House of Lords and House of Commons. Most of the work of Parliament is conducted in the House of Commons at Westminster. The prime minister is the active head of the government. The official language of instruction and use is English. HOW IS CITIZENSHIP ATTAINED? Great Britain probably has some of the most complex citizenship laws due to the great number of territories associated with the country. The simplest 35

36

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way in which an individual becomes a British citizen is at birth in the United Kingdom or qualifying territory, or if at least one parent has British citizenship or is settled in the U.K. or territory.2 When a child is found parentless in the U.K., he or she is assumed to be a citizen unless there is evidence to the contrary. Additionally, any child born in the U.K. whose parents are not citizens can be registered as a citizen and can apply for citizenship after he is 10 years old, assuming that he has not lived outside the U.K. for longer than 90 days in those 10 years. Another route to citizenship is through the naturalization process. An individual can become a naturalized citizen as long as they are at least 18 years old and have lived in the U.K. for the last five years (with no more than 450 days living outside the U.K. in the last five years or 90 days in the last 12 months). They must be able to pass a citizenship test as well as be able to speak English, Scottish, or Welsh Gaelic (with exceptions made for disabled individuals). Finally, they must be “of good character” and “not of unsound mind.” People married to British citizens go through a similar naturalization process, although their length of residency is shortened to three years instead of five.3

CAN ONE HOLD DUAL CITIZENSHIP? For the most part, there is no prohibition on dual citizenship in Great Britain. A British citizen may acquire the nationality of another country and still retain his or her British citizenship.4 This does not apply to people who are considered British subjects or British protected persons.5 An individual who falls into either of those categories (excluding someone from Ireland), will lose his or her British subject or protected person status upon adopting the citizenship of another country.6 Additionally, the government does not require a person seeking to become a British citizen through naturalization to give up his or her former citizenship.7

ARE THERE “SECOND CLASS” CITIZENS? Great Britain does not have many issues related to discrimination against its citizens. There have been instances of reported discrimination against religious minorities, especially the Muslim population. Members of the Muslim community have alleged discrimination by the police and educa-

GREAT BRITAIN

37

tional institutions, alleging that they are often treated differently due to their clothing and appearance.8

RIGHTS AND OBLIGATIONS As a British citizen, one has access to “a wide range of rights within the constitution, covering all aspects of life from human rights, such as freedom of speech and freedom from torture, to more specific rights such as those relating to education and healthcare, and protection from discrimination.”9 Furthermore, “with these rights come responsibilities such as loyalty, which means not plotting against the state, abiding by the law as a responsible citizen, and certain civic duties such as voting, jury service and giving evidence in court.”10

CAN ONE LOSE ONE’S CITIZENSHIP? Britons can renounce their citizenship by filling out a declaration stating their desire to do so as long as they meet the following three conditions: (1) possess a second nationality or can obtain a second nationality, (2) are at least 18 years old, and (3) are “of full capacity.”11

ARE THERE DIFFERENCES BETWEEN THE RIGHTS AND RESPONSIBILITIES OF NATURALIZED CITIZENS AND CITIZENS BY BIRTH? There do not appear to be any differences between the rights and responsibilities of naturalized citizens and citizens by birth.

PUBLIC OPINION ON CITIZENSHIP The vast majority of British respondents (75 percent in 1995 and 73 percent in 2003) agreed that they would rather be a citizen of Great Britain than any other country.12 Far fewer, but still approximately half of all respondents, felt that Great Britain is a better country than most other nations (56 percent in 1995 and 50 percent in 2003). Conversely, only one-third of

1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003

Would rather be a citizen of Great Britain than another country.

There are things about Great Britain that make me feel ashamed.

World would be a better place if more people were like the British.

Great Britain is a better country than most other nations.

People should support country even if it’s wrong.

Proud to be British when country does well in international sports.

Great Britain

Table 5.1. British National Pride (in Percent)

32 30

7 6

15 14

9 10

20 18

44 42

Strongly Agree

44 43

17 14

41 36

22 23

54 57

31 31

Agree

19 22

19 20

29 34

41 38

15 16

19 20

Neither

3 5

43 50

14 15

22 23

8 7

5 6

Disagree

2 1

13 10

2 2

6 6

3 2

2 1

Strongly Disagree

100 (976) 100 (819)

100 (975) 100 (814)

100 (968) 100 (821)

100 (968) 100 (807)

100 (980) 100 (819)

100 (979) 100 (828)

Total (N)

1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003

The way democracy works

Its political influence in the world

Its economic achievements

Its social security system

Its scientific and technological achievements

Its achievements in sports

Its achievements in the arts and literature

Its armed forces

Its history

Its fair and equal treatment of all groups in society

Great Britain

15 16

51 50

48 53

24 24

24 18

1 30

9 12

7 15

9 11

16 16

Very Proud

39 44

40 38

40 37

56 56

50 51

58 56

39 41

37 55

46 49

53 53

Somewhat Proud

Table 5.2. How Proud Are You of Great Britain in Each of the Following? (in Percent)

33 30

7 10

7 7

17 16

19 25

10 11

35 35

45 27

37 32

26 26

Not Very Proud

13 11

3 2

4 2

3 5

6 6

2 3

17 12

1 4

8 9

6 5

Not Proud at All

100 (913) 100 (752)

100 (959) 100 (792)

100 (943) 100 (795)

100 (882) 100 (717)

100 (942) 100 (782)

100 (910) 100 (756)

100 (942) 100 (769)

100 (906) 100 (751)

100 (903) 100 (759)

100 (917) 100 (757)

Total (N)

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CHAPTER 5

respondents felt that the world would be a better place if more people were like the British (31 percent in 1995 and 33 percent in 2003). In addition, three-fourths of all respondents agreed that there are things about Britain’s history that makes them feel ashamed (74 percent in 1995 and 75 percent in 2003). Finally, a small minority of respondents (24 percent in 1995 and 20 percent in 2003) agreed that citizens should support their country even when it’s wrong. The majority of respondents (69 percent from both 1995 and 2003) are proud of the way democracy works in Great Britain. Britons are also evidently exceedingly proud of their nation’s history with 91 percent in 1995 and 88 percent in 2003 responding that they were “very” or “somewhat” proud. Perhaps somewhat surprising, however, is that just over half of all British respondents are proud of their country’s political influence in the world (55 percent in 1995 and 60 percent in 2003). Similar percentages are reported when Britons are asked about their country’s fair and equal treatment of all groups in society. For that question, 54 percent of Britons in 1995 and 60 percent in 2003 responded that they were proud of their nation in that regard. While Britons were moderately proud of their country’s economic achievements in 1995 (at 44 percent), this percentage rose dramatically to 70 percent in 2003. Respondents also conveyed an average level of pride in Great Britain’s social security system, with 48 percent in 1995 and 53 percent in 2003 reporting being “very” or “somewhat” proud. British respondents’ pride in their military is exceptionally high, so much so that the percentages could not get much higher. In 1995, 91 percent of respondents reported being proud of Great Britain’s armed forces while 90 percent did so in 2003. Finally, British citizens have high levels of pride in their country’s achievements in the arts and literature (80 percent in 1995 and 2003), science and technology (89 percent in 1995 and 86 percent in 2003), and sports (74 percent in 1995 and 69 percent in 2003).

NOTES 1. The Columbia Electronic Encyclopedia, 6th ed. Copyright 2004, Columbia University Press. 2. British Nationality Act 1981, Chapter 61, Section 1, available at www.uniset .ca/naty/BNA1981revd.htm. 3. British Nationality Act 1981, Chapter 61, Section 1.

GREAT BRITAIN

41

4. Home Office, Border and Immigration Agency, “BN18—Information about Dual Nationality,” available at www.ind.homeoffice.gov.uk/applying/nationality/ advice/bn18. 5. The term British subject applies to a small group of people who fall into one of two categories: (1) people from British India who were born before January 1, 1949, and did not become Indian citizens or (2) citizens of Ireland who were also British subjects born before January 1, 1949, and who have requested to remain a British subject. A British protected person is someone from one of the territories that were formerly under British protection. This information was obtained from the following document: Immigration Directorates’ Instructions, Chapter 22, Section 2, United Kingdom Passports, available at www.ind.homeoffice.gov.uk/documents/ idichapter22/section2.pdf?view=Binary. 6. Home Office, Border and Immigration Agency, “BN18—Information about Dual Nationality.” 7. Home Office, Border and Immigration Agency, “BN18—Information about Dual Nationality.” 8. U.S. Department of State, 2006 Country Reports on Human Rights Practices, United Kingdom, March 6, 2007, available at www.state.gov/g/drl/rls/ hrrpt/2006/78847.htm (February 18, 2008). 9. DirectGov, “Rights and Responsibilities,” available at www.direct.gov.uk/en/ RightsAndResponsibilities/Citizensandgovernment/DG_066931. 10. DirectGov, “Rights and Responsibilities.” 11. DirectGov, “Rights and Responsibilities.” 12. Data was obtained from the International Social Survey Programme’s National Identity surveys from 1995 and 2003.

6 FRANCE

The Republic of France, home to 60.6 million inhabitants throughout 22 regions, borders the Bay of Biscay and the English Channel. The majority of the population (92 percent) is French (a mix of Celtic, Latin, Germanic, and Slavic origin), 3 percent are North African, and 2 percent are German. The remainder are Slavic, Indochinese, and Basque. Over 80 percent of the population is Roman Catholic, although other religious groups practice Protestantism (2 percent), Judaism (1), and Islam (5–10). French is the official and widely spoken language, but some speak regional dialects and languages such as Provencal, Breton, Alsatian, Corsican, Catalan, Basque, and Flemish.1 The president of France, who is chief of state, is elected every five years.2 The National Assembly nominates a prime minister who is then appointed by the president. Cabinet members are appointed by the president as well. France has a bicameral parliament with 321 Senate members who serve nine-year terms, as well as a National Assembly whose 577 members are elected for five-year terms. Within the judicial branch are the Supreme Court of Appeals, the Constitutional Council, and Council of State. The judges in the Supreme Court of Appeals are appointed by the president while the Constitutional Council consists of nine members, of whom three are appointed by the president, three by the president of the National Assembly, and three by the president of the Senate. 43

44

CHAPTER 6

HOW IS CITIZENSHIP ATTAINED? A child acquires French nationality at birth if at least one parent is French, if the child’s parents are unknown or stateless, if the parents’ nationalities cannot transfer to the child, or if the child was adopted through a plenary adoption.3 A child is also awarded citizenship if he or she is born in France to at least one parent who was also born in France.4 One may acquire French citizenship if he or she has been married to a French citizen for two years and they have resided in France together for one year.5 If living abroad, he or she must wait five years from the time of marriage to apply for citizenship.6 Additionally, a child born to foreign parents acquires citizenship at age 18 if he or she has lived in France for at least 5 years since age 11.7 A child may also, at the age of 16, request citizenship if he or she lives in France and has lived there for at least 5 years since age 11. Citizenship can also be granted at age 13 upon request of the child’s parents and fulfillment of the residency requirement since age 8.8 A foreign citizen may be naturalized if he or she has lived in France for five years and is of good character, upon proving “his assimilation into the French community, and specially owing to a sufficient knowledge of the French language, according to his condition and of the rights and duties conferred by French nationality.”9 The residency requirement may be reduced for those who have completed two years of university education in France, have given significant services to the country, have served in the French military, are refugees, or are from areas where France has exercised control or sovereignty.10

CAN ONE HOLD DUAL CITIZENSHIP? France allows dual citizenship with other countries.11

ARE THERE “SECOND CLASS” CITIZENS? While stated in French Nationality Law that “every French person enjoys civil rights,” France has struggled with discrimination against its large immigrant population.12 Instances and allegations of discriminatory treatment often surround immigrants from Africa and the Middle East and involve obstacles associated with employment, housing, services, and leisure activi-

FRANCE

45

ties. The main victims of discrimination include those of foreign origin and people whose names appear to be foreign.13

RIGHTS AND OBLIGATIONS France values a national identity amongst its citizens and expects that naturalized citizens be committed to the country and the French culture. This is evident through requirements mandating a sufficient knowledge of the French language and assimilation into French society.14 The French Constitution provides for equal civil and political rights among all French citizens.15

CAN ONE LOSE ONE’S CITIZENSHIP? After acquiring another citizenship, one can voluntarily forfeit their French nationality. In addition, if one commits acts “incompatible with the status of French” or certain crimes (e.g., acts of terrorism), he or she may have their citizenship revoked.16

ARE THERE DIFFERENCES BETWEEN THE RIGHTS AND RESPONSIBILITIES OF NATURALIZED CITIZENS AND CITIZENS BY BIRTH? There are no official differences between the rights and responsibilities of naturalized citizens and citizens by birth. The French Civil Code states “a person who has acquired French nationality enjoys all the rights and is bound to all the duties attached to the status of French, from the day of that acquisition.”17

PUBLIC OPINION ON CITIZENSHIP The majority of French respondents (60.3 percent in 2003) reported that they would rather be a citizen of France than any other country.18 However, less than a majority felt that France is a better country than most other nations (41.9 percent in 2003). In addition, less than one-third of respondents felt that the world would be a better place if more people were like the

2003 2003 2003 2003 2003

There are things about France that make me feel ashamed.

World would be a better place if more people were like the French.

France is a better country than most other nations.

People should support country even if it’s wrong.

Proud to be French when country does well in international sports.

2003

Would rather be a citizen of France than any other country.

France

Table 6.1. French National Pride (in Percent)

28.4

8.2

11.6

6.7

24.3

35.3

Strongly Agree

35.7

16.1

30.3

12.1

30.9

25

Agree

23.9

18.3

33.2

35.6

18.4

27.5

Neither

3.9

26.8

13.7

20

14

4.8

Disagree

8.2

30.6

11.2

25.5

12.5

7.4

Strongly Disagree

100 (1545)

100 (1555)

100 (1537)

100 (1527)

100 (1546)

100 (1550)

Total (N)

2003 2003 2003

Its armed forces

Its history

Its fair and equal treatment of all groups in society

2003

Its scientific and technological achievements 2003

2003

Its social security system

2003

2003

Its economic achievements

Its achievements in the arts and literature

2003

Its political influence in the world

Its achievement in sports

2003

The way democracy works

France

7.9

40.2

15.8

25.6

10.7

24.5

29.6

2.2

8.9

7.4

Very Proud

37.5

49.7

49.2

61.2

65.1

62.5

48.1

29.8

60.8

50.8

Somewhat Proud

Table 6.2. How Proud Are You of France in Each of the Following? (in Percent)

35

8

21.8

10

18

10.9

14.3

46.2

22.4

27.9

Not Very Proud

19.7

2.2

13.2

3.2

6.2

2.1

8

21.8

7.9

14

Not Proud at All

100 (1404)

100 (1427)

100 (1266)

100 (1362)

100 (1338)

100 (1471)

100 (1534)

100 (1434)

100 (1422)

100 (1504)

Total (N)

48

CHAPTER 6

French (18.8 percent in 2003). Additionally, half of all respondents agreed that there are things about France that make them feel ashamed (55.2 percent in 2003). Finally, a small minority of respondents (24.3 percent in 2003) agreed that citizens should support their country even when it’s wrong. The slight majority of respondents (58.2 percent in 2003) are proud of the way democracy works in France. The French are also extremely proud of their nation’s history with 89.9 percent in 2003 reporting that they were “very” or “somewhat” proud. In addition, a majority of all French respondents are proud of their country’s political influence in the world (69.7 percent in 2003). A lower percentage is reported when the French are asked about their country’s fair and equal treatment of all groups in society (45.4 percent in 2003). In 2003, only 32 percent of respondents reported being proud of their country’s economic achievements. However, respondents conveyed pride in France’s social security system, with 77.7 percent in 2003 reporting being “very” or “somewhat” proud. Respondents’ pride in their military is high, with 65 percent in 2003 reporting being proud of their country’s armed forces. Finally, French citizens have high levels of pride in their country’s achievements in the arts and literature (86.8 percent in 2003), science and technology (87 percent in 2003), and sports (75.8 percent in 2003).

NOTES 1. CIA Country Notes, available at www.cia.gov (2005). 2. CIA Country Notes. 3. A plenary adoption terminates an existing legal parent-child relationship, giving the child the same rights afforded the adoptive parent. Information found at www.adoption.ca/glossary.htm (January 31, 2008). French Civil Code, trans. Georges Rouhette, available at 195.83.177.9/upl/pdf/code_22.pdf (January 31, 2008). 4. French Civil Code. 5. French Civil Code. 6. French Civil Code. 7. French Civil Code. 8. French Civil Code. 9. French Civil Code. 10. French Civil Code. 11. French Civil Code. 12. French Civil Code.

FRANCE

49

13. U.S. Department of State, March 6, 2007, Country Reports on Human Rights Practices, 2006, France, available at www.state.gov/g/drl/rls/hrrpt/2006/78812.htm (January 31, 2008). 14. French Civil Code. 15. French Constitution, Articles 1, 3, available at www.assemblee-nationale.fr/ english/8ab.asp (January 30, 2008). 16. French Civil Code. 17. French Civil Code. 18. Data was obtained from the International Social Survey Programme’s National Identity surveys from 2003.

7 GERMANY

Founded in 1949, Germany is a democracy with a population of 83 million in 16 states. Located in central Europe, east of the Netherlands, Belgium, Luxembourg, and France, west of Poland and the Czech Republic, northwest of Austria, north of Switzerland, and south of Denmark, it also borders the Baltic Sea in the northeast and the North Sea in the northwest. Within the republic, there is a population of 82.4 million, of whom 91.5 percent are German, 2.4 percent Turkish, and 6.1 percent Greek, Russian, Polish, Italian, Spanish, and Serbo-Croatian. The official language is German. Protestants and Roman Catholics each make up 34 percent of the population, Muslims comprise 3.4 percent, and the remaining 28.3 percent are other religions or are unaffiliated.1 The Federal Republic of Germany and the German Democratic Republic were unified on October 3, 1990, as set forth under Article 23 of the F.R.G. Basic Law.2

HOW IS CITIZENSHIP ATTAINED? Individuals become German citizens by birth if one of their parents is a German citizen. In the case of the father being the German citizen, the child’s acquisition of German citizenship is contingent upon demonstration of paternity.3 Additionally, children born to non-German citizens acquire 51

52

CHAPTER 7

German citizenship at birth if one parent has been a legal German resident for the past eight years and a citizen of the European Union, European Economic Area, or Switzerland. Finally, a child who is found in Germany is presumed to be a German citizen. A person may acquire citizenship through a naturalization process. The requirements include having resided in Germany for eight years, having no major criminal offenses, having adequate knowledge of the German language, and having the ability to support him- or herself without requiring public assistance.4 CAN ONE HOLD DUAL CITIZENSHIP? In certain circumstances, Germany permits its citizens to hold dual nationalities. For instance, an individual who becomes a citizen as an ethnic German repatriate does not have to give up their additional citizenship. Children who are born of a German parent and a non-German parent can hold the citizenship of both their parents until they are 23 years old. These more lenient rules regarding dual citizenship seem to be a break from past policy in which it was more difficult or impossible to have dual citizenship in Germany. For the most part, people who become citizens from naturalization are not allowed to retain dual nationality unless they come from certain European Union nations. ARE THERE “SECOND CLASS” CITIZENS? German law states that “All persons shall be equal before the law.”5 Some religious minorities have reported experiencing hostility and discrimination, especially members of the Jewish community. Many anti-Semitic acts were reported and included desecrating synagogues and graves in Jewish cemeteries.6 The government has worked to promote tolerance, passing a law banning discrimination on the basis of sex, religion, age, ethnicity, disability, and sexual orientation.7 In addition, the government has made statements illegal that endorse Nazism, incite racial hatred, or deny the Holocaust.8 RIGHTS AND OBLIGATIONS German basic law lists several rights of its citizens. These include freedoms of conscience, expression, assembly, and association.9 Male citizens who have reached the age of 18 may be required to perform military service.10

GERMANY

53

CAN ONE LOSE ONE’S CITIZENSHIP? German citizenship can be lost through several ways. If a person voluntarily applies for and receives foreign citizenship, German nationality is automatically forfeited.11 German citizenship will also be lost if a person who has dual citizenship enters into the armed forces of another country or if he or she voluntarily renounces his or her German nationality.12 Additionally, citizenship is lost if a person is considered to be no longer related to a German parent through adoption by a noncitizen and if he or she automatically acquires citizenship of the other country.13

ARE THERE DIFFERENCES BETWEEN THE RIGHTS AND RESPONSIBILITIES OF NATURALIZED CITIZENS AND CITIZENS BY BIRTH? There do not appear to be any differences between the rights and responsibilities of naturalized citizens and citizens by birth.

PUBLIC OPINION ON CITIZENSHIP A majority of respondents reported that they would rather be German citizens than from any other country.14 It is interesting to note, however, that the percentage in agreement with this statement was higher in 1995 (70 percent) and decreased slightly (61 percent) in 2003. German respondents were fairly evenly split on the question of whether Germany is a better country than most other nations (37 percent agreed with this statement in 1995 and 2003, 29 percent were uncertain in 1995 and 30 percent in 2003, and 34 percent disagreed in 1995 and 32 percent in 2003). Additionally, 75 percent of respondents in 1995 agreed that there were things about Germany that made them feel ashamed. The percentage of respondents agreeing with this statement decreased dramatically to 55 percent in 2003. Respondents living in the former East Germany were slightly more likely to agree with this statement in 2003.15 Slightly more than half of respondents (56 percent) in 1995 disagreed that the world would be a better place if more people were like Germans. In 2003, the percentage of respondents agreeing with this statement decreased slightly to 47 percent. Finally, while 72 percent of respondents in 1995 disagreed that people should support their country even if it is wrong, disagreement with this

54

CHAPTER 7

sentiment dropped to 58 percent in 2003. In 1995, a larger percentage of respondents residing in the former East Germany agreed with the notion that people should support their country even if it is in the wrong (25 percent compared to 16 percent of West German respondents). There was no noticeable difference between the two regions in 2003. Although Germans are for the most part proud of the way democracy works in their country (56 percent in 1995 and 49 percent in 2003), there are noticeable differences between respondents residing in the former East and West Germanys. In 1995, 68 percent of respondents residing in the former West Germany reported being proud of the way democracy works but only 34 percent of their East German counterparts felt the same way. In 2003, 59 percent of residents of the former West Germany responded that they were proud of the way democracy works but only 32 percent of those residing in the former East Germany responded similarly. Additionally, slightly more than half of all respondents were proud of Germany’s political influence in the world (61 percent in 1995 and 55 percent in 2003). Overall, Germans are very proud of their country’s achievements in sports (72 percent in 1995 and 76 percent in 2003), arts and literature (73 percent in 1995 and 78 percent in 2003), and science and technology (83 percent in 1995 and 82 percent in 2003). Even so, a greater percentage of residents from the former East Germany reported having pride in both sports and arts and literature than their West German counterparts. For example, while 81 percent of East German respondents in 1995 and 72 percent in 2003 reported being proud of their country’s achievements in sports, only 67 percent of West German respondents in 1995 and 57 percent in 2003 felt the same way. The data show an interesting pattern regarding Germany’s economic achievements. In 1995, a large percentage of all Germans were proud of their country’s economic achievements (82 percent of respondents were “very” or “somewhat” proud). Conversely, this percentage dropped significantly in 2003 to 53 percent. Although the level of pride dropped for both residents of the former East and West Germany, people living in the former East Germany had a lower percentage of agreement (47 percent compared to 56 percent). Germans also differed in their perceptions of the country’s social security system. In 1995, while only 39 percent of former East Germany residents reported being proud of the country’s social security system, 72 percent of West Germans did so. In 2003, the numbers were fairly similar with 43 percent of East Germans and 64 percent of West Germans feeling pride in their country’s social security system.

1995 2003 1995 2003 1995 2003 1995 2003 1995 2003

There are things about Germany that make me feel ashamed.

World would be a better place if more people were like Germans.

Germany is a better country than most other nations.

People should support country even if it’s wrong.

Proud to be German when country does well in international sports.

18 17

6 4

10 5

6 3

29 11

36 22

Strongly Agree

36 45

13 21

27 32

13 16

46 44

34 39

Agree

24 22

9 17

29 30

25 34

9 17

15 21

Neither

11 10

45 36

22 22

35 31

11 21

10 12

Disagree

11 6

27 22

12 10

21 16

4 8

5 7

Strongly Disagree

100 (1,724) 100 (1,176)

100 (1,698) 100 (1,156)

100 (1,664) 100 (1,149)

100 (1,646) 100 (1,121)

100 (1,717) 100 (1,164)

100 (1,721) 100 (1,153)

Total (N)

Note: Data were obtained from the International Social Survey Programme’s (ISSP) 1995 and 2003 National Identity Survey. In these surveys, the ISSP reported responses from East and West Germans separately. For simplicity, we have chosen to combine the two as Germany reunified in 1990. However, survey questions that are in bold are ones where there was a noticeable difference between the attitudes of West German and East German respondents. These differences are discussed in the portion of the chapter that addresses public opinion.

1995 2003

Would rather be a citizen of Germany than any other country.

Germany

Table 7.1. German National Pride (in Percent)

1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003

Its political influence in the world

Its economic achievements

Its social security system

Its scientific and technological achievements

Its achievements in sports

Its achievements in the arts and literature

Its armed forces

Its history

Its fair and equal treatment of all groups in society

6 4

9 8

5 4

19 18

21 17

23 18

18 8

26 9

11 6

12 8

Very Proud

27 36

24 32

25 30

54 60

51 59

60 64

43 47

56 44

50 49

44 41

Somewhat Proud

42 44

39 41

38 46

21 19

18 19

14 15

28 31

13 35

32 37

36 40

Not Very Proud

25 16

28 19

32 21

6 4

10 5

3 4

10 13

4 12

8 8

8 11

Not Proud at All

100 (1,516) 100 (1,038)

100 (1,641) 100 (1,091)

100 (1,496) 100 (986)

100 (1,525) 100 (1,036)

100 (1,633) 100 (1,132)

100 (1,623) 100 (1,099)

100 (1,720) 100 (1,145)

100 (1,686) 100 (1,135)

100 (1,627) 100 (1,090)

100 (1,696) 100 (1,118)

Total (N)

Note: Data were obtained from the International Social Survey Programme’s (ISSP) 1995 and 2003 National Identity Survey. In these surveys, the ISSP reported responses from East and West Germans separately. For simplicity, we have chosen to combine the two as Germany reunified in 1990. However, survey questions that are in bold are ones where there was a noticeable difference between the attitudes of West German and East German respondents. These differences are discussed in the portion of the chapter that addresses public opinion.

1995 2003

The way democracy works

Germany

Table 7.2. How Proud Are You of Germany in Each of the Following? (in Percent)

GERMANY

57

Perhaps not surprisingly, Germans were generally less proud of their country’s armed forces (30 percent in 1995 and 34 percent in 2003), history (33 percent in 1995 and 40 percent in 2003), and fair and equal treatment of all people (33 percent in 1995 and 40 percent in 2003). Additionally, there was one noticeable difference between residents of the former East and West Germanys relating to these questions. Residents of the former East Germany were generally less proud of their country’s fair and equal treatment of all groups in society (25 percent compared to 37 percent in 1995 and 32 percent compared to 45 percent in 2003).

NOTES 1. CIA Country Notes, available at www.cia.gov (2005). 2. CIA Country Notes. 3. German Nationality Act, available at www.iiuscomp.or/gla/statutes/StAG .htm (March 7, 2008). 4. German Nationality Act. 5. Basic Law for the Federal Republic of Germany, December 2000, Article 3, available at www.bundestag.de/htdocs_e/parliament/function/legal/ germanbasiclaw.pdf (March 10, 2008). 6. U.S. Department of State, 2006 Country Reports on Human Rights Practices, Germany, March 6, 2007, available at www.state.gov/g/drl/rls/hrrpt/2006/78814.ht (March 6, 2008). 7. U.S. Department of State, 2006 Country Reports on Human Rights Practices, Germany. 8. U.S. Department of State, 2006 Country Reports on Human Rights Practices, Germany. 9. Basic Law for the Federal Republic of Germany, December 2000, Articles 4, 5, 8, 9, available at www.bundestag.de/htdocs_e/parliament/function/legal/ germanbasiclaw.pdf (March 10, 2008). 10. Basic Law for the Federal Republic of Germany, December 2000, Article 121, available at www.bundestag.de/htdocs_e/parliament/function/legal/ germanbasiclaw.pdf (March 10, 2008). 11. German Consulates, Citizenship, available at www.germany.info/relaunch/ info/consular_services/citizenship/generalinformation.html (March 7, 2008). 12. German Consulates, Citizenship. 13. German Consulates, Citizenship. 14. Data was obtained from the International Social Survey Programme’s National Identity surveys from 1995 and 2003. 15. While 61 percent of respondents living in the former East Germany agreed with this statement only 51 percent of those living in West Germany did so.

8 ITALY

Italy is a peninsula in southern Europe that is surrounded by the Adriatic Sea to the east, the Ionian Sea in the southeast, and the Tyrrhenian Sea in the east. Located in the central Mediterranean, the Republic of Italy is 301,230 square kilometers and borders Austria, France, Slovenia, and Switzerland. Italy became a nation-state in 1861 and currently has a population of 58.1 million. Its inhabitants are predominantly Italian with pockets of French-, Slovene-, German-, Albanian-, and Greek-Italians. Though the population is largely Roman Catholic, there are communities of Protestants, Jews, and Muslims. Italian is the official language, although German, Slovene, and French are spoken in some areas.1 Italy’s government consists of an executive branch with a chief of state, prime minister, and cabinet, and a bicameral parliament in its legislative branch that comprises a Senate and Chamber of Deputies.2 The judicial branch contains a Constitutional Court of 15 judges. HOW IS CITIZENSHIP ATTAINED? Italian citizenship is passed on by the right of jus sanguinis, which means that a child born to at least one Italian parent automatically becomes a citizen at birth regardless of where the child is born.3 Additionally, a child born in Italy becomes a citizen at birth if both parents are stateless, unknown, 59

60

CHAPTER 8

or if the citizenship they possess does not transfer to the child.4 A child can also automatically become a citizen if one of his parents, who is an Italian citizen, recognizes the child as his or her own. If the child is not a minor at the time of recognition, he must choose to become a citizen within a year of parental recognition.5 Foreigners can also achieve citizenship through naturalization provided that they have lived in Italy for 10 years, possess sufficient income, renounce their previous citizenship, and do not have a criminal history.6 Before receiving their Italian citizenship, foreigners undergoing the process of naturalization must also take an oath of allegiance to Italy, its Constitution, and its laws.7 A foreigner who is married to an Italian citizen can achieve citizenship after living in Italy for six months or after being married for three years (if living abroad) provided that they possess a valid marriage certificate, have no criminal history, and there are no issues related to national security.8 The length of residency requirement is reduced for residents of the European Community (four years), refugees or displaced persons (five years), children of an Italian parent (seven years), descendents of former Italian citizens by birth (three years), foreigners born on Italian territory (three years), and foreigners who have been a civil servant for Italy for at least five years (no residency required).9

CAN ONE HOLD DUAL CITIZENSHIP? Yes. The Italian government recognizes dual nationality and allows its citizens to possess citizenship of more than one country.10

ARE THERE “SECOND CLASS” CITIZENS? As with most other Western nations, Italy does not have any major issues relating to “second class” citizens. It does, however, continue to struggle with the treatment of its Italian Roma population. The U.S. State Department cites the organization Opera Nomadi in reporting “cases of discrimination, especially with regard to housing and evictions, deportations, and efforts by the government to remove children for their protection from Romani parents.”11 This issue has received national and international attention, especially from the European Union. In 2006, the European Union’s Council of Europe’s

ITALY

61

European Commission against Racism and Intolerance (ECRI) “made recommendations to the Italian authorities aimed at improving the situation of this part of the Italian population [the Roma population] in vital fields such as housing, issuing of personal documents, education, employment, health, administration of justice and relations with the police. ECRI notes with regret, however, that no or very little progress has been achieved since then in virtually all the fields highlighted in that report.”12 Most recently, “the death of four Roma children in a fire over the weekend has sparked a national debate over the widespread discrimination against the ethnic minority population in Italy.”13 It is estimated that between 50 to 80 percent of Italy’s Roma population (around 120,000 people) are also Italian citizens.14

RIGHTS AND OBLIGATIONS The Italian Constitution states, “The Republic recognizes and guarantees the inviolable rights of man, both as an individual and as a member of the social groups in which one’s personality finds expression, and it requires the performance of imperative political, economic, and social duties.”15 The rights that Italian citizens are afforded include the rights to equality before the law, religion, movement, correspondence, and the right to assembly.16 Citizens are required to obey the law and pay taxes, and males are required to serve in the military.17

CAN ONE LOSE ONE’S CITIZENSHIP? Although Italian citizenship law permits dual nationality, Italian citizens may renounce their citizenship if they live abroad.18 An Italian citizen will lose his citizenship if he is a member of a foreign military, or works as a public officer for a foreign nation, foreign public body, or international body in which Italy is not a member.19

ARE THERE DIFFERENCES BETWEEN THE RIGHTS AND RESPONSIBILITIES OF NATURALIZED CITIZENS AND CITIZENS BY BIRTH? There do not appear to be any differences between the rights and responsibilities of naturalized citizens and citizens by birth.

1995 1995 1995 1995 1995 1995

Would rather be a citizen of Italy than any other country.

There are things about Italy that make me feel ashamed.

World would be a better place if more people were like Italians.

Italy is a better country than most other nations.

People should support country even if it’s wrong.

Proud to be Italian when country does well in international sports.

Italy

Table 8.1. Italian National Pride (in Percent)

40

8

7

4

32

28

Strongly Agree

37

28

30

18

45

34

Agree

13

14

28

26

11

19

Neither

4

32

26

36

8

12

Disagree

5

17

9

16

4

7

Strongly Disagree

100 (1,078)

100 (1,077)

100 (1,069)

100 (1,069)

100 (1,087)

100 (1,083)

Total (N)

1995 1995 1995

Its armed forces

Its history

Its fair and equal treatment of all groups in society

1995

Its scientific and technological achievements 1995

1995

Its social security system

1995

1995

Its economic achievements

Its achievements in the arts and literature

1995

Its political influence in the world

Its achievements in sports

1995

The way democracy works

Italy

3

40

9

47

29

18

3

5

2

4

Very Proud

18

50

35

49

61

64

25

35

20

22

Somewhat Proud

Table 8.2. How Proud Are You of Italy in Each of the Following? (in Percent)

39

9

32

3

7

13

41

34

43

40

Not Very Proud

39

2

24

1

3

5

31

26

34

34

Not Proud at All

100 (1,075)

100 (1,064)

100 (1,023)

100 (1,056)

100 (1,055)

100 (1,056)

100 (1,059)

100 (1,060)

100 (1,037)

100 (1,081)

Total (N)

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CHAPTER 8

PUBLIC OPINION ON CITIZENSHIP The majority of Italian respondents (62 percent in 1995) reported that they would rather be a citizen of Italy than any other country.20 However, less than a majority felt that Italy is a better country than most other nations (37 percent in 1995). In addition, less than one-third of respondents felt that the world would be a better place if more people were like the Italians (22 percent in 1995). In addition, more than half of all respondents agreed that there are things about Italy that make them feel ashamed (77 percent in 1995). Finally, a minority of respondents (36 percent in 2003) agreed that citizens should support their country even when it’s wrong. The minority of respondents (26 percent in 1995) are proud of the way democracy works in Italy. However, the Italians are extremely proud of their nation’s history with 90 percent in 1995 reporting that they were “very” or “somewhat” proud. In addition, a minority of all Italian respondents are proud of their country’s political influence in the world (22 percent in 1995). A similar percentage is reported when the Italians are asked about their country’s fair and equal treatment of all groups in society (21 percent in 1995). In 1995, only 40 percent of respondents reported being proud of their country’s economic achievements. Respondents conveyed less pride in Italy’s social security system, with 28 percent in 1995 reporting being “very” or “somewhat” proud. Respondents’ pride in their military is fairly low, with 44 percent in 1995 reporting being proud of their country’s armed forces. Finally, Italian citizens have high levels of pride in their country’s achievements in the arts and literature (96 percent in 1995), science and technology (82 percent in 1995), and sports (90 percent in 1995).

NOTES 1. CIA Country Reports, available at www.cia.gov (2005). 2. CIA Country Reports. 3. Information available at the Embassy of Italy in Washington at www .ambwashingtondc.esteri.it/Amasciata_Washington/Menu/Informazioni_e_servizi/ Servizi_consolari/Cittadinanza/ (October 7, 2007). 4. Information available at the Embassy of Italy in Washington. 5. Information available at the Embassy of Italy in Washington. 6. Information available at the Embassy of Italy in Washington. 7. Article 10, Citizenship Law of Italy, available at www.legislationline.org/ ?tid=11&jid=27&ijid=0&less=true (October 8, 2007).

ITALY

65

8. Article 10, Citizenship Law of Italy. 9. Article 10, Citizenship Law of Italy. 10. Article 11, Citizenship Law, available at www.legislationline.org/?tid= 11&jid=27&ijid=0&less=true(October 8, 2007), and the Ministero dell’Interno website at www.interno.it/mininterno/export/sites/default/it/temi/cittadinanza/ Sottotema_007_English_version.html (October 8, 2007). 11. U.S. Department of State, 2006 Country Reports on Human Rights Practices, Italy, March 6, 2007, available at www.state.gov/g/drl/rls/hrrpt/2006/78819.htm (October 11, 2007). 12. .European Roma Rights Centre, available at www.errc.org/cikk.php?cikk= 2778&archiv=1 (October 12, 2007). 13. Elisabetta Povoledo, “Death of Roma Children Sparks a Debate in Italy,” International Herald Tribune, August 14, 2007, available at www.iht.com/articles/ 2007/08/14/news/italy.php (October 12, 2007). 14. U.S. Department of State, 2006 Country Reports on Human Rights Practices, Italy, March 6, 2007, available at www.state.gov/g/drl/rls/hrrpt/2006/78819 .htm (October 11, 2007); and Povoledo, “Death of Roma Children Sparks a Debate in Italy.” 15. Italy—Constitution, Article 2, available at www.vescc.com/constitution/ italy-constitution-eng.html (February 29, 2008). 16. Italy—Constitution, Articles 2, 15, 16, 17. 17. Italy—Constitution, Articles 52, 53, 54. 18. Article 11, Citizenship Law. 19. Article 12, Citizenship Law. 20. Data were obtained from the International Social Survey Programme’s National Identity surveys from 1995. We do not have public opinion data from 2003 because Italy did not participate in the survey for that year.

9 SWEDEN

The Kingdom of Sweden is located in Northern Europe between Norway and Finland. The northeastern region borders the Gulf of Bothnia and the southeast area borders the Baltic Sea. Sweden has a population of 8.9 million residing in its 21 counties and 289 townships. The official language is Swedish, but there are small groups who speak Sami languages and Finnish. The Swedish population includes ethnic Finns and ethnic Lapps as well as immigrants from Finland, Bosnia, Iran, Norway, Denmark, Greece, and Turkey. Approximately 87 percent of Swedes are Lutheran, others are Catholic, Orthodox, Baptist, Jewish, Buddhist, and Muslim.1 The Swedish Constitution was passed on January 1, 1975. As a constitutional monarchy with a social-democratic government, Sweden consists of an executive, legislative, and judicial branch. While the king is the head of state, the position only carries ceremonial duties. The executive branch consists of a cabinet that is responsible to parliament, while the legislative branch is a unicameral parliament. The judicial branch consists of a Supreme Court with 6 superior and 108 lower courts.2 HOW IS CITIZENSHIP ATTAINED? Sweden citizenship is based on the principle of jus sanguinis, meaning that a child born to at least one Swedish parent is automatically granted citizenship.3 67

68

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The child’s place of birth is not considered if the mother is Swedish, however if the child’s father is not a Swedish citizen, the child must be born in Sweden to be granted automatic citizenship.4 Citizenship can also be acquired through marriage of a child’s parents.5 Additionally, a child under the age of 12 who is adopted by a Swedish citizen or is considered stateless becomes a citizen at birth.6 To become a Swedish citizen by naturalization, one must be at least 18 years old and have lived in Sweden for the past five years (for the previous two years if the person is a Danish, Finnish, or Norwegian citizen; for the previous four years in the case of a stateless person or refugee).7 In addition, one must have “led and can be expected to lead a respectable life.”8 If a person has previously held Swedish citizenship or is married to a Swedish citizen, he or she may still be naturalized. CAN ONE HOLD DUAL CITIZENSHIP? As of July 1, 2001, Sweden allows dual citizenship when other country’s laws permit. This law was changed in order to facilitate the citizenship process for children and young people.9 ARE THERE “SECOND CLASS” CITIZENS? There do not appear to be second class citizens in Sweden. RIGHTS AND OBLIGATIONS As a Swedish resident who holds a residence permit, one has, in principle, the same rights and obligations as a Swedish citizen. However, only Swedish citizens have the “absolute right to live and work in Sweden . . . , are entitled to vote in parliamentary elections, and can be elected to the Riksdag (the Swedish decision-making assembly that enacts laws and monitors government agencies).”10 In addition, only Swedish citizens can accept jobs with the police, as a soldier, and some protective services positions.11 CAN ONE LOSE ONE’S CITIZENSHIP? One can lose Swedish citizen upon the age of 22 through statutory limitation if he or she was born abroad, has never lived in Sweden, and has not

SWEDEN

69

stayed in Sweden under circumstances that would indicate a link to the country.12 One may apply to keep Swedish citizenship before the age of 22 to avoid losing it through statutory limitation.13 Swedish citizenship can be renounced if a person is granted citizenship of another country and does not reside in Sweden.14

ARE THERE DIFFERENCES BETWEEN THE RIGHTS AND RESPONSIBILITIES OF NATURALIZED CITIZENS AND CITIZENS BY BIRTH? There do not appear to be any differences between the rights and responsibilities of naturalized citizens and citizens by birth.

PUBLIC OPINION ON CITIZENSHIP The majority of Swedish respondents (69.6 percent in 1995 and 61.6 percent in 2003) reported that they would rather be a citizen of Sweden than any other country.15 However, less than a majority felt that Sweden is a better country than most other nations (47.7 percent in 1995 and 40.8 percent in 2003). In addition, less than one-third of respondents felt that the world would be a better place if more people were like the Swedish (19.3 percent in 1995 and 91.1 percent in 2003). In addition, three-fourths of all respondents agreed that there are things about Sweden that make them feel ashamed (76.8 percent in 1995 and 75.5 percent in 2003). Finally, a small minority of respondents (24.4 percent in 1995 and 14 percent in 2003) agreed that citizens should support their country even when it’s wrong. The majority of respondents (64.4 percent in 1995 and 67.2 percent in 2003) are proud of the way democracy works in Sweden. The Swedish are also proud of their nation’s history with 67.3 percent in 1995 and 68.3 percent in 2003 reporting that they were “very” or “somewhat” proud. However, less than half of all Swedish respondents are proud of their country’s political influence in the world (41.1 percent in 1995 and 45.6 percent in 2003). Similar percentages are reported when Swedes are asked about their country’s fair and equal treatment of all groups in society (42.7 percent in 1995 and 41 percent in 2003). While Swedes were marginally proud of their country’s economic achievements in 1995 (at 17.1 percent), this percentage rose to 40.5 percent in 2003. Respondents also conveyed pride in Sweden’s social security system, with

1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003

Would rather be a citizen of Sweden than any other country.

There are things about Sweden that make me feel ashamed.

World would be a better place if more people were like the Swedish.

Sweden is a better country than most other nations.

People should support country even if it’s wrong.

Proud to be Swedish when country does well in international sports.

Sweden

Table 9.1. Swedish National Pride (in Percent)

34.6 28.8

5.8 2.6

11.8 9.3

5.8 4.5

25.8 22.5

38 29.3

Strongly Agree

43.6 47.9

18.6 11.4

35.9 31.5

13.5 14.6

51 53

31.6 32.3

Agree

18 18.6

23.9 24.6

31.6 36.6

33.9 37.4

15 18.5

23.6 30

Neither

2.1 2.6

32.7 40.7

14.1 15.4

27.3 27.2

6 4.5

4.5 5.5

Disagree

1.6 2.1

19.4 20.7

6.7 7.1

19.6 16.2

2.1 1.6

2.4 2.9

Strongly Disagree

100 (1,256) 100 (1,165)

100 (1,225) 100 (1,138)

100 (1,188) 100 (1,138)

100 (1,158) 100 (1,102)

100 (1,217) 100 (1,142)

100 (1,255) 100 (1,152)

Total (N)

1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003

The way democracy works

Its political influence in the world

Its economic achievements

Its social security system

Its scientific and technological achievements

Its achievements in sports

Its achievements in the arts and literature

Its armed forces

Its history

Its fair and equal treatment of all groups in society

Sweden

7.8 7.4

17.3 16.4

5.7 3.5

15.6 16.5

30.8 34.3

26 23.7

15.1 12.9

2.1 4

4.5 4.3

12.4 12.9

Very Proud

34.9 33.6

50 51.9

26.9 22.8

56.2 57.9

52.6 51

60 62.3

49.6 48.6

15.3 36.5

36.6 41.3

52 54.3

Somewhat Proud

Table 9.2. How Proud Are You of Sweden in Each of the Following? (in Percent)

37.5 39.5

27.3 27.7

44.6 47.4

24.5 21.9

14.3 11.2

12.7 11.9

25.9 27.6

46 42.5

50.4 46.1

30.2 28.4

Not Very Proud

19.7 19.5

5.4 4

22.8 26.2

3.6 3.8

2.4 3.5

1.3 2.1

9.4 10.8

36.6 17

8.5 8.4

5.4 4.4

Not Proud at All

100 (1,185) 100 (1,092)

100 (1,115) 100 (1,047)

100 (1,035) 100 (938)

100 (1,049) 100 (983)

100 (1,221) 100 (1,127)

100 (1,114) 100 (1,013)

100 (1,241) 100 (1,125)

100 (1,191) 100 (1,059)

100 (1,119) 100 (1,053)

100 (1,230) 100 (1,128)

Total (N)

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64.7 percent in 1995 and 61.5 percent in 2003 reporting being “very” and “somewhat” proud. Swedish respondents’ pride in their military is low, with 32.6 percent in 1995 and 26.3 percent in 2003 reporting being proud of their country’s armed forces. Finally, Swedish citizens have high levels of pride in their country’s achievements in the arts and literature (71.8 percent in 1995 and 74.4 percent in 2003), science and technology (86 percent in both 1995 and 2003), and sports (83.4 percent in 1995 and 85.3 percent in 2003). NOTES 1. U.S. Dept. of State Country Reports, available at www.state.gov (2005). 2. U.S. Dept. of State Country Reports. 3. Swedish Citizenship Act, available at www.sweden.gov.se/content/1/ c6/01/94/49/a6b33bc0.pdf (January 29, 2008). 4. Swedish Citizenship Act. 5. When a Swedish man marries a woman who is an alien, any child of theirs that was born before their marriage and has not acquired Swedish citizenship becomes a Swedish citizen if the child is unmarried and under 18 years of age. See the Swedish Citizenship Act. 6. A child under 12 years of age who is adopted by a Swedish citizen becomes a Swedish citizen on adoption if (1) the child is adopted in Sweden, Denmark, Finland, Iceland, or Norway; or (2) the child is adopted by virtue of a foreign adoption decision which has been approved or is otherwise valid in Sweden. Swedish Citizenship Act. 7. Children under 18 years old can become Swedish citizens through their parents. See the Swedish Migration Board, available at www.migrationsverket .se/english.jsp?english/emedborg/emedborg.html (January 29, 2008). 8. Swedish Citizenship Act. 9. Government Offices of Sweden, available at www.sweden.gov.se/sb/d/2188/ a/19449 (January 29, 2008). 10. Government Offices of Sweden. 11. Government Offices of Sweden. 12. Swedish Migration Board. 13. Swedish Migration Board. 14. Swedish Migration Board. 15. Data was obtained from the International Social Survey Programme’s National Identity surveys from 1995 and 2003.

IV THE RUSSIAN FEDERATION/ EASTERN EUROPE

10 RUSSIA

Russia is the largest country in the world, with an area of 17,075,200 square kilometers (6,592,800 square miles). It constitutes more than one-ninth of the world’s land area and is nearly twice the size of the United States or China. It encompasses 11 time zones and stretches across 2 continents, from Eastern Europe across northern Asia to the Pacific. Russia includes 21 republics, 6 territories known as krays, 10 national areas called okrugs, 49 regions or oblasts, 1 autonomous oblast, and 2 cities with federal status. The population is 143.4 million, but 25 million ethnic Russians can be found throughout non-Russian republics that were once part of the former Soviet Union. The Russian population is predominately Russian (79.8 percent) with Tartar (3.8), Ukrainian (2), Bashkir (1.2), Chuvash (1.1), and other (12.1) ethnic groups. While Russian is the official spoken language, various dialects are spoken throughout its republics. Russian Orthodoxy is the main Christian faith but Protestantism, Judaism, Roman Catholicism, and Buddhism are also practiced throughout Russia.1 The Russian Federation, along with 14 other countries,2 gained its independence after the collapse of the USSR on August 24, 1991. The Russian Constitution was passed in December 1993 and sets forth the three branches of government: the executive, judicial, and legislative. The executive branch consists of a president and prime minister. The legislative branch contains a Federal Assembly—which consists of the Federation Council and the State Duma—and the judicial branch is composed of the Constitutional Court, 75

76

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Supreme Court, Supreme Court of Arbitration, and an Office of Procurator General.3 HOW IS CITIZENSHIP ATTAINED? Individuals become Russian citizens at birth, regardless of the location of birth, if both parents (or one parent in the case of a single parent) are Russian citizens. Citizenship at birth is also extended to individuals born from at least one parent who is a Russian citizen and one parent who is a foreigner so long as the child is born within the Russian Federation. Finally, an individual becomes a Russian citizen at birth if both parents are foreigners or stateless persons and the child is born in Russia, provided that the child would not receive citizenship from the parents’ nation of origin.4 Individuals may become naturalized Russian citizens provided that they meet the following criteria: are at least 18 years of age, have resided in Russia for 5 consecutive years, have command of the Russian language, have a legitimate source of income, and have no prior criminal convictions in the Russian Federation or abroad. Additionally, individuals seeking to become naturalized Russian citizens must promise to observe the Russian Constitution and the laws of the Russian Federation and must seek to renounce their former citizenship.5 The residency requirement is shortened by one year for individuals who are refugees, have been granted asylum, or for people with special qualifications or employed in professions that are valued by the Russian government. Furthermore, individuals with “special merits” may be granted Russian citizenship without following the above mentioned requirements of naturalized citizenship.6 Additionally, citizens of former USSR nations that have served at least three years in the Russian military are entirely exempt from the residency requirements of naturalization. Individuals with some connection to a Russian citizen (either by blood or marriage) or who are citizens of a former Soviet Union nation can apply for Russian citizenship under a “simplified manner” which exempts them from the length of residency requirements set forth in the previously mentioned naturalization process.7 CAN ONE HOLD DUAL CITIZENSHIP? Citizens of the Russian Federation may possess citizenship of another nation without losing their Russian citizenship. However, the Russian Federa-

RUSSIA

77

tion considers such a person to be a Russian citizen only; the government does not recognize dual citizenship.8

ARE THERE “SECOND CLASS” CITIZENS? Article 19 of the Russian Federation Constitution asserts three important rights: Part 1: “All people shall be equal before the law and court.” Part 2: “The State shall guarantee the equality of rights and freedoms of man and citizen, regardless of sex, race, nationality, language, origin, property and official status, place of residence, religion, convictions, membership of public association, and also of other circumstances. All forms of limitations of human rights on social, racial, national, linguistic or religious grounds shall be banned.” Part 3: “Man and woman shall enjoy equal rights and freedoms and have equal possibilities to exercise them.” Russian law also formally recognizes the right of freedom of movement for all citizens and lawful noncitizens provided that they register their residence with the government.9 While the previously mentioned constitutional rights are formally enumerated to guarantee equality, there are issues that arise with the equality of all Russian citizens. There has been pervasive discrimination and violence directed to minority religious groups. In addition, discrimination toward the Jewish, Roma, and indigenous populations is prevalent. Equal access concerning political participation has been questioned, especially due to the March 2004 elections that involved secrecy and unequal access to the media for all candidates.10

CAN ONE LOSE ONE’S CITIZENSHIP? Russian citizenship can be lost in one of two ways: (1) by voluntarily giving up one’s citizenship or (2) by other means as regulated through Russian law or international treaty.11 Voluntary requests will be denied if the individual owes money to the government, has been convicted of a crime and is awaiting imprisonment, or if the individual would become stateless.12

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RIGHTS AND OBLIGATIONS The Russian Constitution lists several rights and responsibilities of its citizens. Citizens’ rights include equality amongst the sexes, the right to privacy, right to association, freedom of religion, and freedom of the press.13 Obligations of citizens include paying taxes, preserving the environment, and serving in the military.14

ARE THERE DIFFERENCES BETWEEN THE RIGHTS AND RESPONSIBILITIES OF NATURALIZED CITIZENS AND CITIZENS BY BIRTH? Russian law concerning citizenship explicitly states that citizenship “is uniform and equal, irrespective of the basis on which it is acquired.”15 The biggest differences in rights occur between foreigners and Russian citizens. For instance, in federal elections, foreigners cannot vote or run for office. However, foreigners with permanent residency can vote in local self-government elections and run for office.16 Foreigners can work in Russia as long as they have a permit although permanent and temporary residents are exempt from this requirement.17 However, foreigners are prohibited from working in the following professions: the municipal service, crewmember for a ship sailing under the Russian flag, crewmember of a military airplane, commander of a civil airplane, or working for any company that provides security to the Russian Federation.18 Regarding military service, foreigners cannot be called for military duty but they may enlist in the military on a contractual basis.19

PUBLIC OPINION ON CITIZENSHIP The percentage of respondents who asserted they would rather be Russian citizens than citizens of any other country was high at 75 percent in 1995 and 78 percent in 2003.20 In general, respondents with more education are less likely to agree with the previous statement and older respondents are more likely to agree with it. Additionally, a slightly greater percentage of respondents agreed in 1995 that they should support their country even if it’s in the wrong (62 percent in agreement in 1995 compared to 58 percent in 2003). Noticeably lower, however, was the percentage of respondents who felt Russia is a better country than most other nations (44 percent in 1995 and

1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003

Would rather be a citizen of Russia than any other country.

There are things about Russia that make me feel ashamed.

World would be a better place if more people were like Russians.

Russia is a better country than most other nations.

People should support country even if it’s wrong.

Proud to be Russian when country does well in international sports.

Russia

Table 10.1. Russian National Pride (in Percent)

55 59

30 26

20 20

9 11

42 40

44 44

Strongly Agree

30 31

32 32

22 29

16 22

42 42

31 34

Agree

11 8

16 19

26 25

28 30

8 11

14 13

Neither

3 1

13 15

23 18

30 24

5 5

8 5

Disagree

2 1

9 8

10 8

17 13

2 2

3 4

Strongly Disagree

100 (1,465) 100 (2,261)

100 (1,433) 100 (2,197)

100 (1,357) 100 (2,147)

100 (1,289) 100 (2,041)

100 (1,482) 100 (2,272)

100 (1,466) 100 (2,259)

Total (N)

1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003

The way democracy works

Its political influence in the world

Its economic achievements

Its social security system

Its scientific and technological achievements

Its achievements in sports

Its achievements in the arts and literature

Its armed forces

Its history

Its fair and equal treatment of all groups in society

Russia

3 3

45 42

14 15

37 31

33 26

26 24

1 2

4 3

6 7

4 3

Very Proud

6 10

37 41

29 30

45 49

46 50

48 50

7 8

13 15

26 31

16 16

Somewhat Proud

Table 10.2. How Proud Are You of Russia in Each of the Following? (in Percent)

27 31

11 13

27 31

11 16

13 19

16 18

24 28

31 41

34 38

36 42

Not Very Proud

63 57

7 5

30 24

6 5

7 6

11 8

68 62

53 41

34 24

44 40

Not Proud at All

100 (1,397) 100 (2,118)

100 (1,421) 100 (2,174)

100 (1,410) 100 (2,153)

100 (1,408) 100 (2,064)

100 (1,424) 100 (2,139)

100 (1,418) 100 (2,111)

100 (1,490) 100 (2,256)

100 (1,415) 100 (2,119)

100 (1,349) 100 (1,997)

100 (1,343) 100 (1,936)

Total (N)

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81

49 percent in 2003). Older respondents and respondents with less education were more likely to agree with this statement. A vast majority of respondents were also likely to agree that that there are things about Russia that make them feel ashamed (84 percent in 1995 and 82 percent in 2003). With this statement, there are no observed differences between gender, age, and education. While a small percentage of respondents (27 percent) agreed that the world would be a better place if more people were like Russians in 1995, the percentage agreeing with that statement increased slightly in 2003 to 33 percent. Again, older and less educated respondents were more likely to agree with this sentiment. In 1995, only 20 percent of respondents were very or somewhat proud of the way democracy works in Russia. This percentage decreased slightly to 18 percent in 2003. There were no noticeable differences between gender, education, and age. Older and less educated respondents were more likely to agree with this sentiment. Finally, in 2003, a greater percentage of respondents (38 percent) agreed that they are proud of Russia’s political influence in the world than in 1995 (32 percent). Here again, no differences were observed between gender, education, and age. In 2003, a slightly greater percentage of respondents were proud of Russia’s political influence in the world than in 1995 (38 percent compared to 32 percent). Meanwhile, the vast majority of respondents from both time periods were proud of Russia’s achievements in science and technology (74 percent in 1995 and 2003), sports (79 percent in 1995 and 76 percent in 2003), and arts and literature (82 percent in 1995 and 80 percent in 2003). In 1995, 82 percent of respondents expressed pride in Russian history while 83 percent did so in 2003. Russian respondents were noticeably less proud of their country’s economic achievements (17 percent in 1995 and 18 percent in 2003), social security system (8 percent in 1995 and 10 percent in 2003), armed forces (43 percent in 1995 and 45 percent in 2003), and fair and equal treatment of all groups in society (9 percent in 1995 and 13 percent in 2003). NOTES 1. See en.wikipedia.org/wiki/Russia. 2. Other countries include Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan. 3. U.S. Department of State, available at www.state.gov Country Notes. Accessed 2005.

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4. Article 12 of the Federal Law No. 62-FZ on Russian Federation Citizenship made available by www.legislationline.org. 5. Article 13 of the Federal Law No. 62-FZ on Russian Federation Citizenship. 6. Article 13, Part 3 of the Federal Law No. 62-FZ on Russian Federation Citizenship. 7. Article 14 of the Federal Law No. 62-FZ on Russian Federation Citizenship. 8. Article 6 of the Federal Law No. 62-FZ on Russian Federation Citizenship. 9. Law of the Russian Federation No. 5242-1, June 25, 1993, On the Right of Citizens of the Russian Federation to the Freedom of Movement, the Choice of Place of Stay and Residence within the Russian Federation (with the Amendments and Additions of November 2, 2004). The text of this legislation was made available by www.legislationline.org. 10. U.S. Department of State, 2006 Country Reports on Human Rights Practices, Russia, March 6, 2007, available at www.state.gov/g/drl/rls/hrrpt/2006/7883 5.htm (February 18, 2008). 11. Article 18 of the Federal Law No. 62-FZ on Russian Federation Citizenship. 12. Article 20 of the Federal Law No. 62-FZ on Russian Federation Citizenship. 13. Chapter 2, Articles 19, 23, 28, 29, 30 of the Russian Constitution made available by www.departments.buckness.edu/russian/const/constit.html. 14. Chapter 2, Articles 57, 58, 59 of the Russian Constitution. 15. Article 4, Part 2 of the Federal Law No. 62-FZ on Russian Federation Citizenship. 16. Article 12 of the Federal Law No. 115-FZ on the legal Position of Foreign Citizens in the Russian Federation made available by www.legislationline.org. 17. Article 13 of the Federal Law No. 115-FZ on the legal Position of Foreign Citizens in the Russian Federation. 18. See Article 14 of the Federal Law No. 115-FZ on the legal Position of Foreign Citizens in the Russian Federation. 19. See Article 15 of the Federal Law No. 115-FZ on the legal Position of Foreign Citizens in the Russian Federation. 20. Data was obtained from the International Social Survey Programme’s National Identity survey from 1995 and 2003.

11 POLAND

Poland is located in central Europe, east of Germany and west of the Russian Republic. The Republic of Poland has a population of 39 million, of whom 98 percent are Poles. The remaining 2 percent are German, Ukrainian, Belarusian, and Lithuanian.1 Nearly 98 percent speak Polish, which is the national language. While 90 percent of Poles are Roman Catholic, other religions that are practiced include Eastern Orthodox, Uniate, Protestantism, and Judaism. Following the Second World War, Poland was under the control of the Soviet Union for approximately 50 years. Russian troops were not completely gone until 1993. In 1989, Poland had its first noncommunist government and began a transformation from a totalitarian country to a democracy.2 Poland held its first parliamentary elections in 1991. The current Polish Constitution was approved in 1997 and provides for a president, prime minister, and parliament. Further, it emphasizes judicial review and the legislative process.3 Within the Polish government, there are three branches: the executive, legislative, and judicial. The executive branch consists of a president and prime minister while the legislative branch is composed of a bicameral National Assembly with a lower and upper house. The judicial branch contains a Supreme Court, provincial and local courts, and a constitutional tribunal.4 83

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HOW IS CITIZENSHIP ATTAINED? A child is Polish at birth if both parents are Polish or if one parent is Polish and the other is either unknown or without citizenship.5 If both parents are unknown or have undetermined or no citizenship, the child is Polish if he or she was born in Poland.6 When one parent is Polish and the other is a citizen of another country, the child is awarded citizenship by birth. However, within three months of the child’s birth the parents can choose that the child have citizenship from the other parent’s country, if allowed by that country’s laws.7 A foreign citizen can be naturalized after living in Poland for five years.8 The granting of Polish citizenship can be contingent upon the person providing documentation of repudiation of his or her previous citizenship.9 A woman can become a citizen after providing proof of marriage to a Polish citizen within three months of the marriage.10

CAN ONE HOLD DUAL CITIZENSHIP? Poland does not recognize dual citizenship. It does not, however, forbid possession of another citizenship but Poland will only recognize the person as a Polish citizen.11

ARE THERE “SECOND CLASS” CITIZENS? The Polish Constitution says, “No one shall be discriminated against in political, social or economic life for any reason whatsoever.”12 While some anti-Semitism exists, there is nothing to indicate that Poland discriminates against its citizens.13

RIGHTS AND OBLIGATIONS The Polish Constitution lists many personal freedoms and rights that are afforded to all citizens. These include freedoms of movement and religion, the right to liberty, and prohibitions against cruel punishment and unauthorized searches.14 The Constitution also lists several obligations of Polish citizens. These obligations include being loyal to the country, obeying the law, paying taxes, serving in the military, and caring for the environment.15

POLAND

85

CAN ONE LOSE ONE’S CITIZENSHIP? The Polish Constitution does not allow involuntary revocation of citizenship. If a citizen wishes to renounce his or her citizenship he or she must petition the president of the Republic of Poland.16 A Polish citizen living abroad may be deprived or his or her citizenship if he or she acts in a way that is against the interests of Poland or disobeys a governmental order to return to the country.17

ARE THERE DIFFERENCES BETWEEN THE RIGHTS AND RESPONSIBILITIES OF NATURALIZED CITIZENS AND CITIZENS BY BIRTH? There do not appear to be any differences between the rights and responsibilities of naturalized citizens and citizens by birth.

PUBLIC OPINION ON CITIZENSHIP The majority of Polish respondents (88.1 percent in 1995 and 79.5 percent in 2003) reported that they would rather be citizens of Poland than any other country.18 However, less than a majority felt that Poland is a better country than most other nations (38.8 percent in 1995 and 32.8 percent in 2003). In addition, about one-third of respondents felt that the world would be a better place if more people were like the Polish (32.7 percent in 1995 and 29.7 percent in 2003). In addition, three-fourths of all respondents agreed that there are things about Poland that make them feel ashamed (75.6 percent in 1995 and 77.5 percent in 2003). Finally, about one-half of respondents (57.7 percent in 1995 and 41.6 percent in 2003) agreed that citizens should support their country even when it’s wrong. The minority of respondents (24.3 percent in 1995 and 22.6 percent in 2003) are proud of the way democracy works in Poland. The Polish are extremely proud of their nation’s history with 80.4 percent in 1995 and 86.4 percent in 2003 reporting that they were “very” or “somewhat” proud. However, less than half of all Polish respondents are proud of their country’s political influence in the world (36.2 percent in 1995 and 41.1 percent in 2003). Similar percentages are reported when Poles are asked about their country’s fair and equal treatment of all groups in society (32.1 percent in 1995 and 24.2 percent in 2003).

1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003

Would rather be a citizen of Poland than any other country.

There are things about Poland that make me feel ashamed.

World would be a better place if more people were like the Polish.

Poland is a better country than most other nations.

People should support country even if it’s wrong.

Proud to be Polish when country does well in international sports.

Poland

Table 11.1. Polish National Pride (in Percent)

49 49.5

18.5 11.2

11.2 6.9

8.2 7

25 23

52 41.9

Strongly Agree

42.4 41.9

39.2 30.4

27.6 25.9

24.5 22.7

50.6 54.5

36.1 37.6

Agree

6.5 7

13.1 20.7

28.9 34.7

28.2 40.2

12.4 12.7

8 13.9

Neither

1.8 1.4

25.2 32.5

26.6 29

32.9 25.5

9.4 7.3

3.2 5.2

Disagree

.3 .2

4 5.1

5.8 3.5

6.1 4.6

2.6 2.6

.8 1.4

Strongly Disagree

100 (1499) 100 (1251)

100 (1463) 100 (1211)

100 (1372) 100 (1167)

100 (1293) 100 (1133)

100 (1441) 100 (1211)

100 (1522) 100 (1242)

Total (N)

1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003

The way democracy works

Its political influence in the world

Its economic achievements

Its social security system

Its scientific and technological achievements

Its achievement in sports

Its achievements in the arts and literature

Its armed forces

Its history

Its fair and equal treatment of all groups in society

Poland

6.9 4.6

27.2 28.8

14.2 13.3

14.1 14.8

8 14.8

9.1 11.1

2.2 1

3.8 1.6

6 3.4

4 2.2

Very Proud

25.2 19.6

53.2 57.6

45.3 55.8

55.7 61.9

36.9 57.2

49.2 59.7

14.6 11.3

24.7 26.4

30.2 37.7

20.3 20.4

Somewhat Proud

Table 11.2. How Proud Are You of Poland in Each of the Following? (in Percent)

38.7 45

15.7 11.9

28 24.2

24.1 20.4

39.1 23.8

29.9 24.3

42.9 45.2

47.3 53.1

46.6 48.1

50.9 57.3

Not Very Proud

29.1 30.8

4 1.7

12.4 6.8

6 2.9

16 4.1

11.8 5

40.3 42.5

24.2 18.9

17.3 10.8

24.8 20.1

Not Proud at All

100 (1311) 100 (1155)

100 (1414) 100 (1190)

100 (1295) 100 (1109)

100 (1274) 100 (1096)

100 (1349) 100 (1192)

100 (1330) 100 (1111)

100 (1425) 100 (1206)

100 (1358) 100 (1128)

100 (1325) 100 (1121)

100 (1364) 100 (1144)

Total (N)

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Poles are marginally proud of their country’s economic achievements (28.5 percent in 1995 and 28 percent in 2003). Respondents also conveyed little pride in Poland’s social security system, with 16.8 percent in 1995 and 12.3 percent in 2003 reporting being “very” and “somewhat” proud. Polish respondents have a moderate level of pride in their military, with 59.5 percent in 1995 and 69.1 percent in 2003 reporting being proud of their country’s armed forces. Finally, Polish citizens are proud of their country’s achievements in the arts and literature (69.8 percent in 1995 and 76.7 percent in 2003), science and technology (58.3 percent in 1995 and rising to 70.8 percent in 2003), and sports (44.9 percent in 1995 and rising to 72 percent in 2003).

NOTES 1. U.S. Department of State, Country Report, available at www.state.gov (June 2008). 2. U.S. Department of State, Country Report. 3. U.S. Department of State, Country Report. 4. U.S. Department of State, Country Report. 5. Polish Law on Citizenship, available at www.legislationline.org/legislation .php?tid=11&lid=786&less=false (February 4, 2008). 6. Polish Law on Citizenship. 7. Polish Law on Citizenship. 8. Polish Law on Citizenship. 9. Polish Law on Citizenship. 10. Polish Law on Citizenship. 11. Polish Embassy, available at www.polandembassy.org/ (February 4, 2008). 12. The Constitution of the Republic of Poland, available at www.sejm.gov.pl/ prawo/konst/angielski/kon1.htm (February 4, 2008). 13. U.S. Department of State, March 6, 2007, Country Reports on Human Rights Practices, 2006, Poland, available at www.state.gov/g/drl/rls/hrrpt/2006/78832.htm (January 31, 2008). 14. The Constitution of the Republic of Poland, available at www.sejm.gov.pl/ prawo/konst/angielski/kon1.htm (February 4, 2008). 15. The Constitution of the Republic of Poland. 16. Polish Embassy. 17. Polish Law on Citizenship. 18. Data was obtained from the International Social Survey Programme’s National Identity surveys from 1995 and 2003.

12 HUNGARY

The Republic of Hungary, located in central Europe, is a parliamentary democracy with a population of 10.1 million. Hungary is bordered by Slovakia in the north, the Ukraine in the northeast, Romania in the southeast, Serbia and Montenegro in the south, Croatia and Slovenia in the southwest, and Austria to the northwest. Approximately 92 percent of the population is Hungarian and 2 percent Roma. Hungarian is the official language. The majority of Hungarians are Roman Catholic (51.9 percent), while other religions that are practiced include Calvinism, Lutheranism, Greek Catholicism, and other denominations of Christianity.1 Hungary’s Constitution was enacted in 1949 but underwent revisions in 1972, 1989, and 1997. The executive branch of the Hungarian government consists of a prime minister and the Council of Ministers, which is elected by the National Assembly. The National Assembly, whose members are also elected, is the legislative branch and elects judges. The most recent election was in April 2002. Hungary became a member of NATO in 1999 and joined the European Union in 2004.2 HOW IS CITIZENSHIP ATTAINED? A person is awarded citizenship by birth if at least one parent is Hungarian, if born in Hungary to stateless parents who live in the country, or if the 89

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child’s parents are unknown and he or she is found in Hungary.3 Citizenship by naturalization may be acquired if he or she has lived in Hungary continuously for eight years preceding the application for citizenship, if he or she does not have a criminal record, and if he or she passes an exam in basic constitutional studies.4 A person may also be naturalized if he or she is married to a citizen for at least three years and if any minor children are Hungarian citizens.5 A person who has lived in Hungary for at least five consecutive years may be naturalized if he or she was born in the country, established residence in Hungary before reaching legal age, and is stateless.6 A minor child may also acquire citizenship if his or her parent was granted citizenship or if he or she is adopted by a citizen.7 Unless an exception is made, every person applying for naturalization must take an exam in basic Hungarian constitutional studies.8 Naturalized citizens have the option of either taking a citizenship oath or pledge of allegiance.9

CAN ONE HOLD DUAL CITIZENSHIP? Yes, dual citizenship is permitted.10

ARE THERE “SECOND CLASS” CITIZENS? As in many other European countries, discrimination directed toward the Roma population exists in Hungary. Roma report abuse from police, poor living conditions, high unemployment, and extreme poverty conditions.11 Discrimination against Roma is pervasive and is seen in the educational, housing, and criminal justice systems.12 In addition, Roma have been the targets of violence from other community members. The government has funded programs and services aimed at compensating for discrimination, including a service that provides free legal aid to Roma when they encounter discrimination based on their ethnicity.13 Additionally, anti-Semitic sentiments are visible in Hungary. Jewish communities have pointed out anti-Semitic messages in the media and society and have reported being victims of violence and other crimes.14 The government has spoken out against such acts and has attempted to promote tolerance among all citizens.15

HUNGARY

91

RIGHTS AND OBLIGATIONS The Hungarian Constitution enumerates several rights and responsibilities of citizenship. These include the protection of fundamental human rights, freedom of thought, religion, the press, and the right to be educated.16 Citizens have the obligations to defend their country and participate in military service, contribute to public revenues, and, if parents, ensure their children receive an education.17

CAN ONE LOSE ONE’S CITIZENSHIP? A Hungarian citizen living outside the country may voluntarily forfeit his or her citizenship if he or she has a foreign citizenship.18 Citizenship may be terminated before 10 years have passed from the date of acquisition if it was obtained by fraudulent means.19

ARE THERE DIFFERENCES BETWEEN THE RIGHTS AND RESPONSIBILITIES OF NATURALIZED CITIZENS AND CITIZENS BY BIRTH? Hungary’s Act on Citizenship prohibits discrimination based on the means by which a person acquired Hungarian nationality.20 In addition, people living as immigrants without Hungarian citizenship are afforded the rights to vote in local government elections and participate in referenda and initiatives.21

PUBLIC OPINION ON CITIZENSHIP The vast majority of Hungarian respondents (86.6 percent in 1995 and 86.5 percent in 2003) reported that they would rather be a citizen of Hungary than any other country.22 However, less than a majority felt that Hungary is a better country than most other nations (26.5 percent in 1995 and 33.7 percent in 2003). In addition, less than one-third of respondents felt that the world would be a better place if more people were like the Hungarians (23.7 percent in 1995 and 30.7 percent in 2003). In addition, about onethird of all respondents agreed that there are things about Hungary that

1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003

Would rather be a citizen of Hungary than any other country.

There are things about Hungary that make me feel ashamed.

World would be a better place if more people were like the Hungarians.

Hungary is a better country than most other nations.

People should support country even if it’s wrong.

Proud to be Hungarian when country does well in international sports.

Hungary

Table 12.1. Hungarian National Pride (in Percent)

66.2 56.3

27.6 17.5

7.3 7.8

6.2 8.1

9.2 7.3

61.5 51.3

Strongly Agree

23.6 34.2

33.6 47.7

19.2 25.9

17.5 22.6

22.8 23.5

25.1 35.2

Agree

7.6 7.7

22.6 23.4

29.5 34.5

29.9 37.6

26.7 28.9

9.7 10.6

Neither

1.6 1.1

11.7 9.8

28.4 24.3

27.8 23.2

19.3 23.1

2.4 2.5

Disagree

1 .7

4.4 1.6

15.7 7.6

18.6 8.5

22 17.3

1.3 .4

Strongly Disagree

100 (972) 100 (1009)

100 (955) 100 (979)

100 (910) 100 (951)

100 (892) 100 (924)

100 (959) 100 (1001)

100 (984) 100 (1008)

Total (N)

1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003

The way democracy works

Its political influence in the world

Its economic achievements

Its social security system

Its scientific and technological achievements

Its achievement in sports

Its achievements in the arts and literature

Its armed forces

Its history

Its fair and equal treatment of all groups in society

Hungary

10.8 4.2

30 31.2

5.9 3.7

33.6 46

39.5 46.2

25.5 33.9

.7 1.6

.8 3.6

1.7 2.8

3.2 2.1

Very Proud

33.1 39.5

42.4 50.6

22 24.2

55.4 47.5

47.7 47.6

52.8 55.6

6.5 17.2

7.9 34.9

16.4 30.2

16.8 34.6

Somewhat Proud

Table 12.2. How Proud Are You of Hungary in Each of the Following? (in Percent)

40.3 46.6

22.4 15.4

44.5 46.5

9.6 5.9

10.3 5.4

17.1 8.6

32 56.1

43.7 48.7

53.4 53.5

51 52.1

Not Very Proud

15.9 9.7

5.3 2.8

27.7 25.6

1.4 .6

2.5 .8

4.6 1.9

60.9 25

47.6 12.8

28.5 13.4

29 11.1

Not Proud at All

100 (862) 100 (884)

100 (908) 100 (966)

100 (769) 100 (840)

100 (861) 100 (957)

100 (929) 100 (981)

100 (870) 100 (951)

100 (920) 100 (859)

100 (919) 100 (940)

100 (811) 100 (848)

100 (930) 100 (936)

Total (N)

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make them feel ashamed (32 percent in 1995 and 30.8 percent in 2003). Finally, a majority of respondents (61.2 percent in 1995 and 65.2 percent in 2003) agreed that citizens should support their country even when it’s wrong. A minority of respondents (20 percent in 1995 and 36.7 percent in 2003) are proud of the way democracy works in Hungary. However, the Hungarians are extremely proud of their nation’s history with 72.4 percent in 1995 and 81.8 percent in 2003 reporting that they were “very” or “somewhat” proud. Conversely, a small percentage of all Hungarian respondents are proud of their country’s political influence in the world (18.1 percent in 1995 and 33 percent in 2003). A higher percentage is reported when the Hungarians are asked about their country’s fair and equal treatment of all groups in society (43.9 percent in 1995 and 43.7 percent in 2003). In 1995, only 8.7 percent of respondents reported being proud of their country’s economic achievements, although in 2003 that percentage rose to 38.5 percent. Few respondents conveyed pride in Hungary’s social security system, with 7.2 percent in 1995 and 18.8 percent in 2003 reporting being “very” or “somewhat” proud. Respondents’ pride in their military is low, with 27.9 percent in both 1995 and 2003 reporting being proud of their country’s armed forces. Finally, Hungarian citizens have very high levels of pride in their country’s achievements in the arts and literature (89 percent in 1995 and 93.5 percent in 2003), science and technology (78.3 percent in 1995 and 89.5 percent in 2003), and sports (87.2 percent in 1995 and 93.8 percent in 2003).

NOTES 1. CIA Country Report, available at www.cia.gov (2005). 2. CIA Country Report. 3. Act on Hungarian Citizenship, Section 3, available at www.coe.int/T/E/ Legal_Affairs/Legal_co-operation/Foreigners_and_citizens/Nationality/Documents/ National_legislation/Hungary%20Act%20LV%20of%201993.asp (February 18, 2008). 4. Act on Hungarian Citizenship, Section 4. 5. Act on Hungarian Citizenship, Section 4. 6. Act on Hungarian Citizenship, Section 4. 7. Act on Hungarian Citizenship, Section 4. 8. Act on Hungarian Citizenship, Section 4/A. 9. Act on Hungarian Citizenship, Section 7.

HUNGARY

95

10. U.S. Embassy Budapest, Hungary, available at hungary.usembassy.gov/faq3 .html (February 18, 2008). 11. U.S. Department of State, 2006 Country Reports on Human Rights Practices, Hungary, March 6, 2007, available at www.state.gov/g/drl/rls/hrrpt/2006/78816.htm (February 18, 2008). 12. U.S. Department of State, 2006 Country Reports on Human Rights Practices, Hungary. 13. U.S. Department of State, 2006 Country Reports on Human Rights Practices, Hungary. 14. U.S. Department of State, 2006 Country Reports on Human Rights Practices, Hungary. 15. U.S. Department of State, 2006 Country Reports on Human Rights Practices, Hungary. 16. Constitution of Hungary, Articles 8, 60, 61, 66, 70F, available at www .legislationline.org/upload/legislations/cd/86/39b1e5cc4b9b9b6a97c2830f3608.htm (February 18, 2008). 17. Constitution of Hungary, Articles 70H, 70I, 70J. 18. Act on Hungarian Citizenship, Section 8. 19. Act on Hungarian Citizenship, Section 9. 20. Act on Hungarian citizenship, Section 1. 21. Constitution of Hungary, Article 70. 22. Data was obtained from the International Social Survey Programme’s National Identity surveys from 1995 and 2003.

V MIDDLE EAST

13 EGYPT

Egypt is located in northeastern Africa on the Mediterranean Sea and the southwestern portion of Asia. It is the most populous country in Africa after Nigeria. In 2000, the population of Egypt was estimated to be 58,519,000. Slightly more than half of Egyptians, 56 percent, live in rural regions.1 Egypt is a presidential republic. Power is in the head of state, the president. The prime minister is appointed by the president and serves as the head of the government. The legislature is unicameral and consists of the People’s Assembly.2 Nearly the entire population of Egypt speaks Arabic. But only well educated people easily understand standard Arabic. Colloquial Egyptian Arabic is the language of daily conversation. English and French are common second languages among educated Egyptians.3 Islam is the official religion of Egypt, and its legal statutes are the primary source of the country’s civil law. Nine out of ten Egyptians are Muslims; almost all of the remainder are Coptic Christians, the largest Christian minority in the Middle East.4 HOW IS CITIZENSHIP ATTAINED? A child acquires Egyptian nationality by birth if born to an Egyptian father, if born to an Egyptian mother and a father of unknown nationality or who is 99

100

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stateless, if he or she was born in Egypt to an Egyptian mother and whose father has not been proven legally, or if the child was born in Egypt and his or her parents are unknown.5 A person can apply for citizenship one year after coming of age if he or she resides in Egypt and was born abroad to an Egyptian mother and to an unknown or stateless father.6 Nationality may be granted to a person of age who is born in Egypt to an Egyptian father upon application for citizenship, a person of Egyptian origin7 after residing in Egypt for five years, or a foreigner born in Egypt to a foreign father also born in Egypt if the person belongs to a country where the majority of the population speaks Arabic or are Muslim.8 Additionally, nationality may also be granted to a foreigner born in Egypt who has resided in Egypt after becoming of age, provided he or she applies for citizenship within one year of attaining full age and has met the following conditions: (1) he or she must be mentally sane and have no disability that would render him or her a burden to society, (2) must be of good conduct and reputation without a serious criminal record, (3) must be familiar with Arabic, and (4) must have legal means to earn income. Citizenship may also be granted if a person meets these requirements and has lived in Egypt for 10 consecutive years before becoming of age.9 Nationality may be granted if a person renders honorable services to Egypt as well as to the heads of the Egyptian religious sects.10 Nationality may also be acquired through marriage, although it is not automatic. A woman of foreign nationality may obtain citizenship if she has been married to an Egyptian for at least two years (with the exception being if her husband died before that time).11 Children of a marriage may acquire Egyptian nationality unless they live abroad and retain the nationality of their father.12 If the children become Egyptian citizens, they may choose their original nationality and forfeit Egyptian nationality within one year after coming of age.13 A woman who acquires citizenship by marriage will not forfeit it if the marriage ends unless she reverts to her foreign nationality or acquires another through another marriage.14 An Egyptian woman who marries a foreign citizen will retain her citizenship unless she renounces it and acquires the citizenship of her husband’s country.15

CAN ONE HOLD DUAL CITIZENSHIP? The acquisition of another nationality is prohibited unless the person forfeits Egyptian nationality.16 The acquisition of foreign citizenship is al-

EGYPT

101

lowed only after obtaining permission from the government. If permission is not granted, the government will treat the person only as an Egyptian citizen.17

ARE THERE “SECOND CLASS” CITIZENS? Egypt has occasionally been the subject of criticism regarding its discrimination against foreign workers and members of some religious sects. The Egyptian Constitution provides for equal rights regardless of religious affiliation; however, there are reports of government discrimination against non-Muslims.18 Christian citizens are very underrepresented in the government and armed forces, composing 10 percent of the population while holding less than 2 percent of the seats in the People’s Assembly and Shura Council.19 Discrimination against Christians has also been reported in public universities.20 Egypt’s Jewish community has also been subjected to prejudicial treatment that has resulted in violence directed from the Muslim population.21

RIGHTS AND OBLIGATIONS The Egyptian Constitution lists several rights and obligations of its citizens. Rights of citizens include protection from discrimination based on sex, ethnic origin, language, religion or creed, rights to individual freedom, freedom of the press, and freedom of opinion.22 Additionally, citizens may not be deported from the country by the government.23 Citizens are obligated to perform military service, safeguard national unity and country secrets, pay taxes, and participate in public life through voting and expression of their opinions.24

CAN ONE LOSE ONE’S CITIZENSHIP? A person may lose Egyptian nationality within ten years from the date citizenship was acquired if it was obtained through deception.25 In addition, nationality may be lost for those who obtained it through naturalization or marriage within five years of obtaining it if (1) the person received a sentence for a criminal offense or a penalty from a crime against honor, (2) a court ruled against the person in a crime against the safety of the

102

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state, or (3) the person has not lived in Egypt for two consecutive years for an unacceptable reason as determined by the government.26 The Egyptian government may also revoke nationality if a person (1) acquires a foreign nationality without permission, (2) joins a foreign military service without permission, (3) keeps his or her usual residence abroad and a court ruling determines he or she committed a crime abroad that is harmful to the country’s security, (4) accepts a position abroad with a foreign government, (5) keeps his or her usual residence abroad and joins an organization whose purpose includes working against the order of Egypt, (6) works for a foreign state of government which is at war with Egypt or whose diplomatic relations with Egypt have been severed and this work harms Egypt, or (7) has ever been considered Zionist.27 ARE THERE DIFFERENCES BETWEEN THE RIGHTS AND RESPONSIBILITIES OF NATURALIZED CITIZENS AND CITIZENS BY BIRTH? A person who was naturalized as an Egyptian citizen cannot exercise his or her political rights until five years after the date of naturalization.28 In addition, he or she may not be elected or appointed to a government position until ten years have passed from the date of naturalization. Exemptions may be made for those who have fought in the Egyptian military or are members of Egyptian religious sects.29 PUBLIC OPINION ON CITIZENSHIP There are no data available pertaining to public opinion on citizenship. NOTES 1. U.S. Department of State, Country Reports, available at www.state.gov (2005). 2. U.S. Department of State, Country Reports. 3. U.S. Department of State, Country Reports. 4. U.S. Department of State, Country Reports. 5. Article 2, Law No. 26 of 1975 Concerning Egyptian Nationality, available at www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?docid=3ae6b4e218 (February 12, 2008).

EGYPT

103

6. Article 3, Law No. 26 of 1975 Concerning Egyptian Nationality. 7. “‘Egyptian origin’ means for the requirements of this law any ethnic Egyptian in whose case the absence of the residence element required in respect of him, his father or husband, or inability to establish such a residence support has forestalled recognition for him of the Egyptian nationality, if one of his ancestors or the ancestors of the husband was born in Egypt.” Article 23, Law No. 26 of 1975 Concerning Egyptian Nationality, available at www.unhcr.org/cgi-bin/texis/vtx/ refworld/rwmain?docid=3ae6b4e218 (February 12, 2008). 8. Article 4, Law No. 26 of 1975 Concerning Egyptian Nationality. 9. Article 4, Law No. 26 of 1975 Concerning Egyptian Nationality. 10. Article 5, Law No. 26 of 1975 Concerning Egyptian Nationality. 11. Article 6, Law No. 26 of 1975 Concerning Egyptian Nationality. 12. Article 6, Law No. 26 of 1975 Concerning Egyptian Nationality. 13. Article 6, Law No. 26 of 1975 Concerning Egyptian Nationality. 14. Article 8, Law No. 26 of 1975 Concerning Egyptian Nationality. 15. Article 12, Law No. 26 of 1975 Concerning Egyptian Nationality. 16. Article 10, Law No. 26 of 1975 Concerning Egyptian Nationality. 17. Article 10, Law No. 26 of 1975 Concerning Egyptian Nationality. 18. Article 40, The Egypt Constitution, available at www.egypt.gov.eg/english/ laws/constitution/index.asp (February 12, 2008). 19. U.S. Department of State, 2006 Country Reports on Human Rights Practices, Egypt, March 6, 2007, available at www.state.gov/g/drl/rls/hrrpt/2006/78851 .htm (February 12, 2008). 20. U.S. Department of State, 2006 Country Reports on Human Rights Practices, Egypt. 21. U.S. Department of State, 2006 Country Reports on Human Rights Practices, Egypt. 22. Articles 40, 41, 47, and 48, The Egypt Constitution. 23. Article 51, The Egypt Constitution. 24. Articles 58, 59, 60, 61, and 62, The Egypt Constitution. 25. Article 15, Law No. 26 of 1975 Concerning Egyptian Nationality. 26. Article 15, Law No. 26 of 1975 Concerning Egyptian Nationality. 27. Article 16, Law No. 26 of 1975 Concerning Egyptian Nationality. 28. Article 9, Law No. 26 of 1975 Concerning Egyptian Nationality. 29. Article 9, Law No. 26 of 1975 Concerning Egyptian Nationality.

14 ISRAEL

Israel, established in 1948, is located on the southwestern tip of Asia, along the southwestern coast of the Mediterranean Sea. It has a population of 6.7 million inhabitants, among which 5.4 million are Jews and non-Arab Christians and 1.3 million are Arabs.1 Major religions that are practiced are Judaism, Islam, Christianity, and Druze. Both Hebrew and Arabic are the official languages, although Russian and English are also spoken.2 The Israeli government is a parliamentary democracy that received its independence on May 14, 1948.3 The government consists of an executive branch, which includes a president whose role is ceremonial, and a prime minister; a legislative branch—or Knesset—which is unicameral; and a judicial branch. The Knesset’s power to pass laws exceeds that of the executive branch.4 The general courts are the Supreme Court, District Court, and Magistrate Court, and the courts of specialized jurisdiction are the Military Tribunal, Labour Courts, and Religious Courts.5 HOW IS CITIZENSHIP ATTAINED? In Israel, citizenship is attained through one of four means: by Law of Return, birth, residence, and naturalization. The Law of Return, which was passed by the Knesset in 1950, states that “every Jew has the right to come

105

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to this country as an oleh” (meaning Jew immigrating to Israel) and become a citizen.6 The Law of Return considers anyone born to a Jewish mother or who converted to Judaism and who does not belong to any other religion to be a Jew.7 An amendment in 1970 also extended the right of immigration as an oleh to children and grandchildren of a Jew, the spouse of a Jew, and the spouse of a child or grandchild of a Jew.8 A person becomes an Israeli citizen automatically at birth if they are born in Israel and one of their parents is an Israeli citizen. Additionally, children born outside of Israel are Israeli citizens if one or both of their parents has Israeli citizenship. Finally, if a person is born in Israel and they are stateless, that is, they are not a citizen of any country, they may apply for Israeli citizenship when they are 18 years old but before they are 25 years old provided that they have lived in Israel for the past 5 years.9 There is also a provision in the Nationality Law whereby citizens of the former British Palestine can become Israeli citizens. However, it only applies to a select group of Palestinians who stayed living in Israel from the time it became a country in 1948 until the 1952 National Law went into effect.10 Finally, the last route to Israeli citizenship is through naturalization. To be eligible for citizenship through naturalization, a person must be entitled to permanent residence and have lived in Israel for at least three of the past five years. A person must have at least some knowledge of Hebrew, intend to reside permanently in Israel, and renounce citizenship they have with any other country.11

CAN ONE HOLD DUAL CITIZENSHIP? The applicability of dual citizenship is determined by the manner in which a person has immigrated to Israel. For Jews who settle in Israel according to the Law of Return, they are not required to renounce their former citizenship in order to obtain Israeli citizenship. However, this is not quite the same as dual citizenship because the Israeli government only recognizes that person as an Israeli national.12 In contrast, those who immigrate through the naturalization process must renounce their former citizenship in order to become an Israeli citizen. For them, there is no allowance for any kind of dual nationality.13 Additionally, an individual born in Israel of a parent with citizenship of another country may hold both Israeli citizenship and the citizenship of their parent.

ISRAEL

107

ARE THERE “SECOND CLASS” CITIZENS? While Arab Israelis can achieve citizenship through naturalization, the requirements are more stringent than those for someone who is Jewish. Ayelet Shachar emphasizes that Israeli immigration policy (through naturalization), for the most part, is not any more rigorous than most other countries. It’s just that Jewish immigrants are put on an immigration fast track according to the Law of Return.14 However, the Knesset made a significant change to its immigration law in 2003 that disproportionately affects IsraeliArabs. This law, called the Citizenship and Entry into Israel Law, prohibits Palestinians who marry Israeli citizens from becoming citizens themselves and denies them residency in Israel.15 As most of the people affected by the law are Israeli Arabs, this legislation has been decried as discriminatory. This legislation breaks with past citizenship practices, which only gave Jews preferential treatment, because it actually “singles out Palestinians for adverse treatment.”16 Additionally, Jewish immigrants receive special benefits not available to other immigrants who undergo the naturalization process. “Immigrants who are claiming the right of return are entitled to a host of benefits, such as language training programs, underwritten by the state, tax breaks, employment training courses, and housing subsidies.”17 Those who immigrate according to the Law of Return also become full citizens immediately upon settling in Israel; this is not the case for those going through the normal naturalization process.18 Finally, “while formally entitled to full and equal citizenship rights, Palestinian Arab citizens, in general, have not achieved full social, economic, or cultural equality in Israel.”19 The U.S. State Department reported a study from the Van Leer Institute of Jerusalem which found “that 54 percent of Israeli Arabs lived below the poverty line in 2005, compared to 18 percent of Israeli Jews.”20 This economic disparity is also born out in the education system. Human Rights Watch claims that there is less education spending per child in Israeli Arab schools than in school for Jewish kids; classes are 20 percent larger in Israeli Arab schools; and there are deficiencies in access to kindergartens and remedial classes and services for disabled students in Israeli Arab schools.21 Some organizations have reported that the high school drop out rate for Arab schools was twice or three times as high as in Jewish schools.22 And a greater percentage of Jewish Israelis go on to attend college or other higher education institutions (43 percent of Jews compared to 15 percent of Arabs in the 25–34 age bracket).23 Furthermore,

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“well-educated Israeli Arabs often were unable to find jobs commensurate with their qualifications.”24

RIGHTS AND OBLIGATIONS In Israel, both men and women are compelled to serve in the military under the Compulsory Military Service Law of 1951. This law also makes provisions for the exemptions of “certain individuals or groups for religious and national reasons.”25 As such, “the law exempts Israeli Arabs from mandatory military service, and in practice only a small percentage of Israeli Arabs so served.”26 Serving in the military in Israel is more than just an obligation of citizenship; it also opens up access to a whole host of “social and economic benefits for which military service was either a prerequisite or an advantage.”27 By not serving in the military, Israeli Arabs are denied use of these services to which most Jewish citizens have access.

CAN ONE LOSE ONE’S CITIZENSHIP? Israeli citizens may renounce their citizenship in one of two ways.28 For people over the age of 18, they may renounce their citizenship through a declaration, provided that they do not live in Israel and upon approval by the Minister of the Interior. For children, as long as they do not live in Israel, they lose their citizenship when both parents renounce their Israeli citizenship. Naturalized citizens can lose their Israeli citizenship if they have been found to have lied as a part of their application process. Additionally, their citizenship will be revoked if they have lived outside of Israel for seven consecutive years and they have demonstrated no connection to Israel. Finally, they may lose their citizenship for “committing an act of disloyalty toward the State of Israel.”29

ARE THERE DIFFERENCES BETWEEN THE RIGHTS AND RESPONSIBILITIES OF NATURALIZED CITIZENS AND CITIZENS BY BIRTH? Other than the differences previously discussed amongst Israeli Arabs, there does not appear to be any evidence suggesting that naturalized citizens have different rights than citizens by birth.

ISRAEL

109

PUBLIC OPINION ON CITIZENSHIP Israeli public opinion data presented some perplexing findings relating to the Israeli Arab responses to the national pride questions (see table 14.1).30 For example, 70 percent of Israeli Arabs agreed that they would rather be Israeli citizens than from any other country in the world. The percentage for Israeli Jews was only slightly higher (80 percent). The high level of agreement by Israeli Arabs to this question is unexpected given the history of Arabs in Israel. In another surprising finding, when asked whether Israel is better than most other nations, Israeli Arabs had a higher percentage of agreement (61 percent) than Israeli Jews (49 percent). Finally, when asked if the world would be a better place if more people were like Israelis, only 23 percent of Israeli Jews agreed with this statement while 37 percent of Israeli Arabs did so. While it is unexpected that the Israeli Arab responses would be so high in some instances or that they would be higher than the Israeli Jewish responses, there are a few possible explanations. First, it is important to keep in mind the lower number of Israeli Arabs respondents (152) compared to Israeli Jews (1,066). For this reason, it is not advisable to draw too many conclusions based on the responses of 152 people. Second, it’s possible that Israeli Arabs actually think Israel is a good place to live despite the discrimination Arabs face as a result of Israeli policies. Given the small number of respondents we cannot know for sure if these percentages are representative of the greater Israeli Arab population. However, the findings are no less interesting and worth further investigation. There were also some responses to the national pride questions that were not so unexpected. Over the whole population, 57 percent of respondents agreed that people should support their country even if it’s in the wrong. However, there is a great discrepancy between Israeli Jews and Arabs in their level of agreement with this statement. While 60 percent of Israeli Jews agree that people should support their country even if it’s wrong, only 29 percent of Israeli Arabs felt the same way. Additionally, 64 percent of respondents agreed that there are things about Israel that make them feel ashamed. A slightly greater percentage of Israeli Jews agree with this statement (65 percent) than Israeli Arabs (54 percent). Finally, Israeli Jews reported a higher percentage of pride in their country when it does well in international sports (77 percent) than Israeli Arabs (53 percent). Much like the previous set of questions, the questions relating to Israeli pride presented some interesting findings (see table 14.2). While only 41 percent of Israeli Jews reported being proud of the way democracy works in Israel, 65 percent of Israeli Arabs felt the same way. Additionally, only 37

All Israeli Jews Israeli Arabs All Israeli Jews Israeli Arabs All Israeli Jews Israeli Arabs All Israeli Jews Israeli Arabs All Israeli Jews Israeli Arabs All Israeli Jews Israeli Arabs

Would rather be a citizen of Israel than any other country.

There are things about Israel that make me feel ashamed.

World would be a better place if more were like Israelis.

Israel is a better country than most other nations.

People should support country even if it’s wrong.

Proud to be Israeli when country does well in international sports.

Israel

47 52 13

26 27 13

22 22 19

8 8 11

25 26 18

54 56 36

Strongly Agree

Table 14.1. Israeli National Pride (2003 Survey Data in Percent)

28 25 40

31 33 16

29 27 42

16 15 26

39 39 36

25 24 34

Agree

16 13 33

18 17 30

25 25 26

32 31 41

18 17 31

14 13 19

Neither

6 5 11

19 17 35

18 20 10

29 31 18

12 11 13

6 6 11

Disagree

4 4 2

6 6 7

6 7 3

15 16 5

7 7 3

2 2 1

Strongly Disagree

100 (1,190) 100 (1,039) 100 (151)

100 (1,200) 100 (1,049) 100 (151)

100 (1,188) 100 (1,036) 100 (152)

100 (1,188) 100 (1,036) 100 (152)

100 (1,202) 100 (1,050) 100 (152)

100 (1,200) 100 (1,048) 100 (152)

Total (N)

All Israeli Jews Israeli Arabs All Israeli Jews Israeli Arabs All Israeli Jews Israeli Arabs All Israeli Jews Israeli Arabs All Israeli Jews Israeli Arabs

The way democracy works

Its political influence in the world

Its economic achievements

Its social security system

Its scientific and technological achievements

Israel

53 56 34

8 6 29

9 9 15

11 10 16

13 12 24

Very Proud

39 38 44

25 22 44

24 24 22

28 27 30

31 29 41

Somewhat Proud

6 5 16

33 36 16

34 34 33

44 44 39

37 40 19

Not Very Proud

Table 14.2. How Proud Are You of Israel in Each of the Following? (2003 Survey Data in Percent)

2 2 6

33 37 11

33 33 30

18 19 15

19 20 16

Not Proud at All

(continued )

100 (1,175) 100 (1,024) 100 (151)

100 (1,185) 100 (1,034) 100 (151)

100 (1,189) 100 (1,037) 100 (152)

100 (1,166) 100 (1,014) 100 (152)

100 (1,195) 100 (1,043) 100 (152)

Total (N)

All Israeli Jews Israeli Arabs All Israeli Jews Israeli Arabs All Israeli Jews Israeli Arabs All Israeli Jews Israeli Arabs All Israeli Jews Israeli Arabs

Its achievements in sports

Its achievements in the arts and literature

Its armed forces

Its history

Its fair and equal treatment of all groups in society

Israel

Table 14.2. (continued )

7 7 11

56 63 11

57 61 29

20 21 13

10 10 11

Very Proud

22 20 40

29 28 31

27 27 25

44 46 31

32 33 29

Somewhat Proud

36 39 20

12 8 39

10 8 22

28 26 43

39 39 45

Not Very Proud

34 35 29

4 2 19

7 4 24

8 8 13

18 19 16

Not Proud at All

100 (1,186) 100 (1,034) 100 (152)

100 (1,172) 100 (1,022) 100 (150)

100 (1,187) 100 (1,035) 100 (152)

100 (1,115) 100 (964) 100 (151)

100 (1,133) 100 (981) 100 (152)

Total (N)

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percent of Israeli Jews and 46 percent of Israeli Arabs were proud of their country’s political influence in the world. A much greater percentage of Israeli Arabs reported being proud of their country’s social security system than Israeli Jews did (73 percent compared to 28 percent). Generally, Israeli Jewish respondents had about the same as or a greater level of pride in Israel than Arab respondents for their country’s successes in various areas such as scientific achievements (94 percent for Jews and 78 percent for Arabs), sports (43 percent for Jews and 39 percent for Arabs), economic achievements (33 percent for Jews and 37 percent for Arabs), and achievements in the arts and literature (67 percent for Jews and 44 percent for Arabs). However, another perplexing finding is related to the responses to the question about pride in Israel’s fair and equal treatment of all groups in society. Shockingly, 51 percent of Israeli Arab respondents reported feeling pride in Israel for this issue while 27 percent of Israeli Jews felt the same way. In contrast, Israeli Jews were more proud of Israel’s armed forces than Israeli Arabs (88 percent compared to 54 percent). Israeli Jews also reported having a much greater level of pride in Israel’s history than Israeli Arabs (91 percent compared to 42 percent). NOTES 1. U.S. Department of State, Country Notes, available at www.state.gov (June 10, 2008). 2. U.S. Department of State, Country Notes. 3. U.S. Department of State, Country Notes. 4. U.S. Department of State, Country Notes. 5. U.S. Department of State, Country Notes. 6. Law of Return 5710-1950, July 5, 1950. Obtained from the following website: www.mfa.gov.il.MFA/MFAArchive/1950_1959/Law%20of%20Return% 205710-1950. 7. Law of Return (Amendment No. 2) 5730-1950. 8. Law of Return (Amendment No. 2) 5730-1950. 9. Israel Ministry of Foreign Affairs, Acquisition of Israeli Nationality, August 20, 2001, available at www.mfa.gov.il/MFA/MFAArchive/2000_2009/2001/8/ Acquisition%20of%20Israeli%20Nationality. 10. Israel Ministry of Foreign Affairs, Acquisition of Israeli Nationality. 11. Israel Ministry of Foreign Affairs, Acquisition of Israeli Nationality. 12. Israeli Nationality Law 5712-1952. 13. Israeli Nationality Law 5712-1952. 14. Ayelet Shachar, “Citizenship and Membership in the Israeli Polity,” in From Migrants to Citizens: Membership in a Changing World, ed. T. Alexander

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Aleinikoff and Douglas Klusmeyer (Washington, DC: Carnegie Endowment for International Peace, 2000). 15. The Citizenship and Entry into Israel Law (temporary provisions) 57632003, available at www.knesset.gov.il/laws/special/eng/citizenship_law.htm. 16. Joanne Mariner, “Israel’s New Citizenship Law: A Separation Law Through the Heart,” FindLaw, August 11, 2003, available at www.knesset.gov.il/laws/special/eng/ citizenship_law.htm. 17. Shachar, “Citizenship and Membership in the Israeli Polity,” 390. 18. Shachar, “Citizenship and Membership in the Israeli Polity,” 390. 19. Shachar, “Citizenship and Membership in the Israeli Polity,” 391n29. 20. Bureau of Democracy, Human Right, and Labor, U.S. Department of State, “Israel and the Occupied Territories,” Country Report on Human Rights Practices, 2006, March 6, 2007, available at www.state.gov/g/drl/rls/hrrpt/2006/78854.htm. 21. Human Rights Watch, “Israeli Schools Separate, not Equal,” December 5, 2001, available at hrw.org/english/docs/2001/12/05/isrlpa3399.htm. 22. Bureau of Democracy, Human Right, and Labor, U.S. Department of State, “Israel and the Occupied Territories.” 23. Bureau of Democracy, Human Right, and Labor, U.S. Department of State, “Israel and the Occupied Territories.” 24. Bureau of Democracy, Human Right, and Labor, U.S. Department of State, “Israel and the Occupied Territories.” 25. Zeidan Atashi, “The Druze in Israel and the Question of Compulsory Military Service,” Jerusalem Center for Public Affairs, Jerusalem Letters/Viewpoints, Number 464, October 15, 2001, available at www.jcpa.org/jl/vp464.htm. 26. Bureau of Democracy, Human Right, and Labor, U.S. Department of State, “Israel and the Occupied Territories.” 27. Bureau of Democracy, Human Right, and Labor, U.S. Department of State, “Israel and the Occupied Territories.” 28. Israeli Nationality Law 5712-1952. 29. Israeli Nationality Law 5712-1952. 30. Data was obtained from the International Social Survey Programme’s National Identity survey from 2003. Israel was not a part of the 1995 National Identity survey and so there are no data with which to compare the 2003 results. Instead, we provide a comparison between the Jewish and Israeli-Arab respondents. It should be noted, however, that there are far fewer Israeli Arab respondents to the survey (152) as compared to Jewish respondents (1,066).

15 IRAN

Iran is located in the Middle East between Iraq and Pakistan. It borders the Gulf of Oman, the Persian Gulf, and the Caspian Sea. The other bordering countries are: Afghanistan, Armenia, Azerbaijan, Turkey, and Turkmenistan.1 Iran has a population of 65,875,224 (July 2008 est.). The major ethnicities are Persian (51 percent), Azeri (24 percent), Gilaki and Mazandarani (8 percent), Kurd (7 percent), Arab (3 percent), Lur (2 percent), Baloch (2 percent), and Turkmen (2 percent), while other groups make up the remaining 1 percent. Iran is the only country in the Middle East in which the official religion is Shiite Islam (89 percent). Of the remaining 11 percent, 9 percent are Sunni Muslim and 2 percent are Zoroastrian, Jewish, Christian, and Baha’i. The major languages are Farsi (also known as Parsi) and Farsi dialects (58 percent), Turkic and Turkic dialects (26 percent), Kurdish (9 percent), and Luri (2 percent). The last 4 percent are made up of Arabic (1 percent), Turkish (1 percent), and other languages.2 Sixty percent of the Iranian population is under the age of 25.3 HOW IS CITIZENSHIP ATTAINED? A person may obtain Iranian citizenship by birth if he or she is born in Iran and (1) his or her father is Iranian, (2) if his or her parents are unknown, 115

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(3) one parent was also born in Iran, or (4) if his or her father is not a citizen but has resided for at least one year in Iran before reaching the age of 18.4 In addition, a woman who marries an Iranian citizen is considered to have Iranian nationality.5 A person may obtain citizenship by naturalization if he or she is at least 18 years old, has lived in the country for 5 years, has not deserted from the military, and has not been convicted of non-political major crimes.6 Exceptions to the residency requirement can be made if a person has rendered services to Iran, if a man is married to an Iranian woman with whom he has children, or if a person has specialized in subjects of value to the Iranian government.7

CAN ONE HOLD DUAL CITIZENSHIP? Iran does not recognize dual nationality and treats people with multiple citizenships as Iranian citizens.8

ARE THERE “SECOND CLASS” CITIZENS? Iran is often recognized for abusing the rights of its citizens, with violations ranging from arbitrary arrests, extreme control of the media, religious intolerance, and discrimination against women. Many provisions in Iranian law discriminate against women in regards to property and marriage.9 The government repealed the 1967 Family Protection Law after the 1979 revolution that gave women more rights and legislation was passed in 1998 mandating segregation of the sexes in the area of medical care.10 Women have a right to divorce their husbands only after their husband signed a contract allowing it or if he cannot provide for the family or has mental or drug problems.11 These conditions do not apply to husbands wishing to divorce their wives. Married women must obtain their husband’s consent to travel outside the country.12 In court, the testimony of one woman is the equivalent of half of a man’s.13 Women are also prohibited from serving as president.14 Discrimination is also pervasive among other groups in Iran society. Ethnic and religious minorities have been denied their rights to education, property ownership, and employment.15

IRAN

117

RIGHTS AND OBLIGATIONS Iran’s Constitution lists several rights of citizenship. All citizens enjoy equal rights and protection of the law, the right to receive Social Security, housing, and the right to be free of arbitrary arrest and detention.16 Citizens also have voting rights at age 16.17 The Constitution sets the official country religion as Islam and states that all societal institutions and laws must be based on Islamic principles.18 Many rights of citizens are established but not honored if actions violate the tenets of Islam, including freedom of the press, participation in unarmed assemblies, and the choice of employment.19 In addition, marriages between Muslim women and non-Muslim men are not recognized.20 Iranian citizens have the obligation to complete primary education and males must serve in the military after reaching the age of 18.21 CAN ONE LOSE ONE’S CITIZENSHIP? The Iranian Constitution views citizenship as a right that the government may not take away except if requested or if a person acquires a foreign citizenship.22 Citizens may not renounce their nationality unless they have reached the age of 25, renounced their land property, and have completed their military service.23 ARE THERE DIFFERENCES BETWEEN THE RIGHTS AND RESPONSIBILITIES OF NATURALIZED CITIZENS AND CITIZENS BY BIRTH? Citizens of Iran who acquired nationality through means other than by birth have the same rights except the ability to attain the positions of president, minister of a cabinet, acting minister, or any diplomatic positions outside the country.24 Naturalized citizens must wait 10 years from the date of citizenship to acquire membership in the Consultative Assembly, membership of provincial, district, or municipal councils, or entrance into service of the Ministry of Foreign Affairs.25 PUBLIC OPINION ON CITIZENSHIP There are no data available pertaining to public opinion on citizenship.

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NOTES 1. CIA World Factbook, Iran. www.cia.gov/library/publications/the-world -factbook/goes/ir.html (accessed September 1, 2008). 2. CIA World Factbook, Iran. 3. Ziba Mir-Hosseini, “Iran: Emerging Feminist Voices,” in Women’s Rights: A Global View, ed. Lynn Walter (Westport, CT: Greenwood Press, 2001). 4. The Constitution of Islamic Republic of Iran, Embassy of the Islamic Republic of Iran in Canada, Chapter 3, Article 976, available at www.salamiran.org/ content/index.php?option=com_content&task=view&id=40&Itemid=85 (February 26, 2008). 5. The Constitution of Islamic Republic of Iran, Embassy of the Islamic Republic of Iran in Canada, Chapter 3, Article 976. 6. The Constitution of Islamic Republic of Iran, Embassy of the Islamic Republic of Iran in Canada, Chapter 3, Article 979. 7. The Constitution of Islamic Republic of Iran, Embassy of the Islamic Republic of Iran in Canada, Chapter 3, Article 980. 8. U.S. Department of State, Iran, available at travel.state.gov/travel/cis_pa_tw/ cis/cis_1142.html (February 26, 2008). 9. U.S. Department of State, 2006 Country Reports on Human Rights Practices, Iran, March 6, 2007, available at www.state.gov/g/drl/rls/hrrpt/2006/78852 .htm (February 12, 2008). 10. U.S. Department of State, 2006 Country Reports on Human Rights Practices, Iran. 11. U.S. Department of State, 2006 Country Reports on Human Rights Practices, Iran. 12. U.S. Department of State, 2006 Country Reports on Human Rights Practices, Iran. 13. U.S. Department of State, 2006 Country Reports on Human Rights Practices, Iran. 14. U.S. Department of State, 2006 Country Reports on Human Rights Practices, Iran. 15. U.S. Department of State, 2006 Country Reports on Human Rights Practices, Iran. 16. The Constitution of Islamic Republic of Iran, Embassy of the Islamic Republic of Iran in Canada, Chapter 3, Articles 19, 20, 29, 31, 32. 17. Library of Congress, Country Profile of Iran, March 2006, available at lcweb2.loc.gov/frd/cs/profiles/Iran.pdf (February 26, 2008). 18. The Constitution of Islamic Republic of Iran, Embassy of the Islamic Republic of Iran in Canada, Chapter 1, Articles 4, 12. 19. The Constitution of Islamic Republic of Iran, Embassy of the Islamic Republic of Iran in Canada, Chapter 3, Articles 24, 27, 28.

IRAN

119

20. Islamic Republic of Iran, Emory Law School, available at www.law.emory .edu/ifl/legal/iran.htm (February 26, 2008). 21. Library of Congress, Country Profile of Iran. 22. Civil Code of Iran (last amended 1985), Article 41, available through UNHCR Refworld at www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?docid=3ae6b5a68 (February 26, 2008). 23. Civil Code of Iran (last amended 1985), Book 2, Article 988. 24. Civil Code of Iran (last amended 1985), Book 2, Article 982. 25. Civil Code of Iran (last amended 1985), Book 2, Article 982.

VI AFRICA

16 NIGERIA

Nigeria is located in western Africa, bounded by Cameroon to the east, Chad to the northeast, Niger to the north, Benin to the west, and the Atlantic Ocean to the south. Nigeria covers an area of 356,669 square miles. It is the most populated of Africa’s countries, with 140 million inhabitants. The population is largely rural, and only about 15 percent live in cities. Nigeria is a secular state, but two main religions are widely practiced in the country: Christianity and Islam. Small proportions of the people have traditional religious beliefs indigenous to Africa or are atheists.1 Most Nigerians speak more than one language. English, the country’s official language, is widely spoken, especially among educated individuals. In many Nigerian cities, standard English is spoken side by side with the “pidgin,” or a mixture of English and local languages. About 400 native Nigerian languages have been identified, and some are threatened with extinction. The most common of the native languages are Hausa, Yoruba, and Igbo.2 Nigeria gained its independence on October 1, 1960, and became a federation with three largely self-governing regions—northern, western, and eastern. A fourth region—the midwest—was added when Nigeria declared itself to be a federal republic and drew up a new constitution. The 1999 Constitution, which was heavily influenced by the 1979 Constitution, was enacted on May 29, 1999.3

123

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HOW IS CITIZENSHIP ATTAINED? A person acquires citizenship if born in Nigeria, provided at least one of his or her parents or grandparents is a citizen, or if born outside Nigeria to at least one parent who is a citizen.4 A person may apply for citizenship through registration, being of full age and capacity, born outside Nigeria, and having a grandparent who is a citizen.5 In addition, women who have married Nigerian citizens are eligible to receive citizenship through registration. The requirements for citizenship through this process are that he or she must be of good character, have the intention to live in Nigeria, and must take an oath of allegiance.6 A person may acquire citizenship through naturalization if (1) he or she is of full age and capacity, (2) of good character, (3) has the intention to live in the country, (4) has assimilated into the Nigerian culture, (5) is capable of contributing to the well-being of the country, (6) has taken an oath of allegiance, and (7) has either lived in Nigeria continuously for 15 years or has lived in a Nigerian community for 12 months while having lived in Nigeria for at least the 15 years preceding residence in the Nigerian community.7

CAN ONE HOLD DUAL CITIZENSHIP? Nigerian laws provide for some flexibility in regards to dual citizenship. A person will forfeit citizenship if he or she is not a citizen by birth and acquires a foreign nationality through a process other than birth in the foreign country.8 A person, upon being naturalized or registered as a Nigerian citizen, must forfeit any foreign nationality.9 Therefore, a citizen who was born in Nigeria can acquire another citizenship; however, it is not allowed if the person became a citizen in another way.

ARE THERE “SECOND CLASS” CITIZENS? There have been reports of ethnic discrimination on behalf of both citizens and the Nigerian government. Many ethnic groups are accused of discriminatory hiring practices and forcibly segregating neighborhoods.10 Citizens have accused the government of discriminating against ethnic groups that are judged to not be indigenous to the region and discriminating against persons with HIV/AIDS.11 Citizens report being refused medical care and forced out of their communities through unfair governmental actions.

NIGERIA

125

RIGHTS AND OBLIGATIONS The Nigerian Constitution lists several fundamental rights its citizens enjoy. These include the rights to life, liberty, privacy, religion, and expression.12 Citizens have the duty to abide by the Constitution, defend the country when required, make positive contributions to society, and pay taxes.13 CAN ONE LOSE ONE’S CITIZENSHIP? If citizenship was acquired through naturalization, a person may be stripped of his or her nationality if he or she was sentenced to a term of imprisonment of at least three years within seven years of becoming naturalized.14 The government may deprive a citizen of his or her nationality if obtained through registration or naturalization if he or she has been shown to be disloyal to the country or has unlawfully dealt with an enemy country during a time of war.15 Citizenship may be renounced if a person is of full age and submits a request.16 ARE THERE DIFFERENCES BETWEEN THE RIGHTS AND RESPONSIBILITIES OF NATURALIZED CITIZENS AND CITIZENS BY BIRTH? There do not appear to be any official differences between the rights and responsibilities of naturalized citizens and citizens by birth, except for the provision that allows naturalized citizens to hold dual citizenship.17 Table 16.1. Nigerian Public Opinion (in Percent) Urban

Rural

Male

Overall, how satisfied are you with the way democracy works in Nigeria? Nigeria is not a democracy 2 1 2 Not at all satisfied 39 36 37 Not very satisfied 29 35 31 Fairly satisfied 23 20 23 Very satisfied 4 4 5 Don’t know 2 4 2

Female

Total

2 38 33 20 3 5

2 38 32 22 4 3

How much do you trust the following, or haven’t you heard enough about them to say: the Military? Not at all 49 40 44 45 44 Just a little 29 31 30 30 30 Somewhat 14 22 18 18 18 A lot 7 6 7 5 6 Don’t know/Haven’t heard enough 1 2 1 2 2

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PUBLIC OPINION ON CITIZENSHIP Nigerian citizens reported very low levels of satisfaction with how democracy works in their country, with 70 percent of all respondents indicating they are either “not at all satisfied” or “not very satisfied.”18 In addition, the majority of Nigerians do not trust their military, with 74 percent indicating that they trust them “not at all” or “just a little.”

NOTES 1. U.S. Department of State, Country Notes, available at www.state.gov (2007). 2. U.S. Department of State, Country Notes. 3. U.S. Department of State, Country Notes. 4. Constitution of the Federal Republic of Nigeria, Chapter 3, Section 25, available at www.nigeria-law.org/ConstitutionOfTheFederalRepublicOfNigeria .htm (February 12, 2008). 5. Constitution of the Federal Republic of Nigeria, Chapter 3, Section 26. 6. Constitution of the Federal Republic of Nigeria, Chapter 3, Section 26. 7. Constitution of the Federal Republic of Nigeria, Chapter 3, Section 27. 8. Constitution of the Federal Republic of Nigeria, Chapter 3, Section 28. 9. Constitution of the Federal Republic of Nigeria, Chapter 3, Section 28. 10. U.S. Department of State, 2006 Country Reports on Human Rights Practices, Nigeria, March 6, 2007, available at www.state.gov/g/drl/rls/hrrpt/2006/78751 .htm (February 12, 2008). 11. U.S. Department of State, 2006 Country Reports on Human Rights Practices, Nigeria. 12. Constitution of the Federal Republic of Nigeria, Chapter 4, Sections 33, 35, 37, 38, 39. 13. Constitution of the Federal Republic of Nigeria, Chapter 2, Section 24. 14. Constitution of the Federal Republic of Nigeria, Chapter 3, Section 30. 15. Constitution of the Federal Republic of Nigeria, Chapter 3, Section 30. 16. Constitution of the Federal Republic of Nigeria, Chapter 3, Section 29. 17. Constitution of the Federal Republic of Nigeria, Chapter 3, Section 28. 18. Data obtained from the Afrobarometer Survey in Nigeria, 2005, available at www.afrobarometer.org/Summary%20of%20Results/Round%203/nig-R3SOR -24jan07-final.pdf (February 20, 2008).

17 SOUTH AFRICA

South Africa occupies the southernmost portion of the African continent, bordered on the north by Namibia, Botswana, Zimbabwe, Mozambique, and Swaziland; on the east and south by the Indian Ocean; and on the west by the Atlantic Ocean. Black Africans comprise three-fourths of South Africa’s population, and whites, coloreds (people of mixed race), and Asians (mainly Indians) make up the remainder of the 42.7 million people.1 Until recently, whites dominated the majority of the population under the political genre of racial segregation known as apartheid. Apartheid ended in the early 1990s, but South Africa is still recovering from the racial inequalities of political power, opportunity, and lifestyle. The end of apartheid led to the lifting of trade sanctions against South Africa imposed by the international community. It also led to a total reorganization of the government, which since 1994, has been a nonracial democracy based on majority rule. South Africa is divided into nine provinces: Gauteng, Northern Province, Mpumalanga, North-West Province, Free State, Eastern Cape, Northern Cape, Western Cape, and KwaZulu-Natal.2 Afrikaans is spoken not only by Afrikaners but also by 83 percent of colored people. English is the primary language of many whites, and is spoken by 95 percent of Asians. The 1994 Constitution added nine African languages to the list of recognized, official languages: Zulu, Xhosa, Sesotho sa Leboa (Northern Sotho or Pedi), Tswana, Sesotho (Southern Sotho), Tsonga, Venda, Ndebele, and Swati. Most blacks can speak two or more 127

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of these languages, in addition to English and Afrikaans. Together, these 11 languages are the primary languages of 98 percent of South Africans. In practice, English retains a dominant position as the main medium of instruction in schools and most universities. Afrikaners pride themselves on their language and have struggled to keep it as a medium of instruction and resist any threat to exterminate it.3 Of the four-fifths of South Africans who profess religious faith, 77 percent are Christians. The remaining 3 percent are Hindus (1.74 percent), Muslims (1.09 percent), and Jews (0.41 percent). There are also many independent African religions. Most people who claim no religious affiliation are African traditionalists. Their religion has a strong cultural base and rituals vary according to ethnic group.4

HOW IS CITIZENSHIP ATTAINED? South African citizenship is achieved through one of three means: birth, descent, and naturalization. An individual becomes a citizen at birth (after October 1995 when the South African Citizenship Act went into effect) if born in South Africa to at least one parent who is South African or a permanent resident.5 Additionally, any child born in South Africa who would otherwise be stateless also becomes a citizen at birth. An individual may also become a citizen by descent if born outside of South Africa to at least one South African parent. The parents must register the child’s birth with the government in order to attain South African citizenship.6 The final way one can become a South African citizen is through the naturalization process. Adults must show that they have permanent resident status, lived in South Africa as an ordinary resident for the past year, and lived in South Africa for at least four additional years out of the eight previous years (not including the one year of ordinary residence).7 For a foreigner married to a South African, the length of prior residency is reduced to two years.8 Additionally, applicants for naturalization must intend to live in South Africa in the future, be of “good character,” be able to speak one of the official languages of South Africa, and be aware of the obligations and responsibilities of South African citizenship.9 Lastly, all naturalized adults must take an oath of allegiance prior to becoming a South African citizen.10 For children (i.e., those under the age of 18), their parents can apply for naturalization for them so long as they have permanent resident status and live in South Africa legally.11

SOUTH AFRICA

129

CAN ONE HOLD DUAL CITIZENSHIP? South African law does allow for citizens to possess dual nationality in certain circumstances. A South African citizen who obtains the nationality of another country must request to retain his citizenship prior to receiving the second country’s citizenship.12

ARE THERE “SECOND CLASS” CITIZENS? In general, South Africa does not have “second class” citizens. Some ethnic and racial groups have experienced discrimination, especially the black population. Blacks are significantly underrepresented in skilled and managerial positions and are also a minority of the officer corps division of the armed forces.13

RIGHTS AND OBLIGATIONS The Constitution lists several rights for South African citizens. These rights include freedoms of opinion, expression, religion, assembly, and equal protection under the law.14 Citizens are obligated to obey the laws of South Africa, pay taxes, preserve the country’s natural beauty, defend the country, and be tolerant of all citizens.15

CAN ONE LOSE ONE’S CITIZENSHIP? South African citizenship law declares that an individual will lose his citizenship upon acquiring citizenship of another country (other than by marriage) or if he serves in the armed forces of another country that is at war with South Africa.16 However, a citizen in this position can request (before acquiring the additional nationality) with the government to keep his South African citizenship (see the previous section on dual citizenship).17 The government can also revoke one’s citizenship through naturalization if it becomes known that citizenship was attained through fraud (e.g., if the applicant lied on the application).18 The government can also revoke one’s citizenship if they have dual nationality and have been found guilty of a crime in a foreign country (with a sentence of greater than a year) that is

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also punishable in South Africa or if the government decides it is “in the public interest” for such a person to no longer be a citizen.19 South Africans can also renounce their citizenship when they acquire the citizenship of another country; this renunciation also extends to their minor children if the other parent is not also a citizen or does not stay a citizen.20 Prior to the passage of the South African Citizenship Amendment Act, 2004 (Act No. 17 of 2004), citizens with dual nationality who used their foreign passports could have their South African citizenship revoked (Section 8 of the South African Citizenship Act, 1995 [Act 88, 1995]). Under current law, citizens with dual nationality are only prevented from making use of their foreign passports while entering or exiting South Africa or while they are in South Africa.21 Failure to follow this restriction will result in a warning or a conviction with a fine or prison sentence.

ARE THERE DIFFERENCES BETWEEN THE RIGHTS AND RESPONSIBILITIES OF NATURALIZED CITIZENS AND CITIZENS BY BIRTH? There do not appear to be any differences between the rights and responsibilities of naturalized citizens and citizens by birth.

PUBLIC OPINION ON CITIZENSHIP The overwhelming majority of South African respondents (85 percent) agreed that they would rather be from South Africa than anywhere else in the world.22 Additionally, just over two-thirds of respondents felt that South Africa is a better country than most other nations. A fairly high percentage of respondents (61 percent) also agreed that the world would be a better place if more people were like South Africans. Meanwhile, half of all respondents agreed with the idea that citizens should support their country even if it’s in the wrong. However, 70 percent of respondents also feel as if there are aspects of South Africa that make them feel ashamed. For the most part, South African respondents were proud of the way democracy works in their country and of its political influence in the world; 61 percent of respondents reported pride in democracy and 63 percent reported pride in political influence. Similarly, a fairly high percentage of

22 21 26 16 45

There are things about South Africa that make me feel ashamed.

World would be a better place if more were like South Africa.

South Africa is a better country than most other nations.

People should support country even if it’s wrong.

Proud to be South African when country does well in international sports.

43

Strongly Agree

Would rather be a citizen of South Africa than any other country.

South Africa

Table 17.1. South African National Pride (2003 Survey Data in Percent)

47

34

44

40

48

42

Agree

6

11

14

18

10

7

Neither

2

26

13

19

17

7

Disagree

1

13

2

3

4

2

Strongly Disagree

100 (2,301)

100 (2,267)

100 (2,227)

100 (2,200)

100 (2,288)

100 (2,323)

Total (N)

28 41 27

Its armed forces

Its history

Its fair and equal treatment of all groups in society

32

Its scientific and technological achievements 47

21

Its social security system

35

26

Its economic achievements

Its achievements in the arts and literature

24

Its political influence in the world

Its achievements in sports

26

Very Proud

The way democracy works

South Africa

36

36

44

47

41

47

36

42

39

35

Somewhat Proud

19

14

19

13

9

15

27

21

25

24

Not Very Proud

17

9

10

4

3

7

17

11

12

15

Not Proud at All

Table 17.2. How Proud Are You of South Africa in Each of the Following? (2003 Survey Data in Percent)

100 (2,152)

100 (2,177)

100 (1,992)

100 (1,956)

100 (2,208)

100 (1,932)

100 (2,041)

100 (2,074)

100 (2,035)

100 (2,182)

Total (N)

SOUTH AFRICA

133

respondents were proud of South Africa’s economic achievement (68 percent) and in its social security system (57 percent). An overwhelming percentage of respondents reported having pride in South Africa’s achievements in science and technology (79 percent), sports (88 percent), and arts and literature (82 percent). Additionally, respondents also reported having a high percentage of pride in South Africa’s history (77 percent) and its military (72 percent). Perhaps somewhat surprisingly, nearly two-thirds of respondents (63 percent) responded that they were very proud or somewhat proud of their country’s fair and equal treatment of all groups in society.

NOTES 1. U.S. Department of State, Country Notes, available at www.state.gov. 2. U.S. Department of State, Country Notes. 3. U.S. Department of State, Country Notes. 4. U.S. Department of State, Country Notes. 5. Section 2, South African Citizenship Act, 1995 (Act 88, 1995); “South African Citizenship,” South African Department of Home Affairs, available at www .home-affairs.gov.za/sa_citizenship.asp (September 5, 2007). 6. Section 3, South African Citizenship Act, 1995 (Act 88, 1995); “South African Citizenship.” 7. Section 5, South African Citizenship Act, 1995 (Act 88, 1995); “South African Citizenship.” 8. Section 5, South African Citizenship Act, 1995 (Act 88, 1995); “South African Citizenship.” 9. Section 5, South African Citizenship Act, 1995 (Act 88, 1995); “South African Citizenship.” 10. Section 5, South African Citizenship Act, 1995 (Act 88, 1995). 11. “South African Citizenship.” 12. Section 6, South African Citizenship Act, 1995 (Act 88, 1995). 13. U.S. Department of State, 2006 Country Reports on Human Rights Practices, South Africa, March 6, 2007, available at www.state.gov/g/drl/rls/hrrpt/2006/78758 .htm (March 6, 2008). 14. Constitution of the Republic of South Africa, 1996, Chapter 2, Sections 9, 15, 16, 17, available at www.info.gov.za/documents/constitution/index.htm (March 6, 2008). 15. Post-Apartheid Citizenship in South Africa, 1999, available at www.law.wits .ac.za/school/klaaren/klaarenc.htm (March 6, 2008). 16. Section 6, South African Citizenship Act, 1995 (Act 88, 1995); “South African Citizenship.”

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17. Section 6, South African Citizenship Act, 1995 (Act 88, 1995); “South African Citizenship.” 18. Section 8, South African Citizenship Act, 1995 (Act 88, 1995). 19. Section 8, South African Citizenship Act, 1995 (Act 88, 1995). 20. Section 7, South African Citizenship Act, 1995 (Act 88, 1995). 21. “South African Citizenship.” 22. Data were obtained from the International Social Survey Programme’s National Identity surveys from 2003. South Africa did not participate in the survey for 1995.

VII ASIA

18 INDIA

India is located in southern Asia. It is bound on the north by Afghanistan, China, Nepal, and Bhuta; on the east by Bangladesh, Myanmar, and the Bay of Bengal; on the south by the Palk Strait, the Gulf of Mannar, and the Indian Ocean; and on the west by the Arabian Sea and Pakistan. It is the world’s seventh-largest country in area. India occupies more than three million square kilometers. With more than one billion inhabitants, India ranks second only to China among the world’s most populous countries. It is home to 16 percent of the world’s population. India is divided into 26 states and 6 union territories.1 English is spoken by as many as 5 percent of Indians, and various Dravidan languages are spoken by about 25 percent. Hindi is the language of the majority of the people. Most people in India practice Hinduism (83 percent) with Islam a distant second (11 percent). Other practiced religions include Christianity (2 percent), Sikhism (2 percent), Buddhism (0.7 percent), and Jainism (0.4 percent).2 India has had a federal political system and democratic government for more than 50 years. The country is a member of the Commonwealth of Nations, an association of political entities that once gave or currently give allegiance to the British monarchy. India is a federal republic, governed under a constitution and incorporating various features of the constitutional systems of the United Kingdom, the United States, and other democracies. The powers of the government are separated into three branches: executive, 137

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legislative, and a judiciary headed by a Supreme Court. Like the United States, India is a union of states, but its federalism is slightly different. The central government has power over the states, including the power to redraw state boundaries. But the states, many of which have large populations sharing a common language, culture, and history, have an identity that is in some ways more significant than that of the country as a whole.3 HOW IS CITIZENSHIP ATTAINED? A person is considered a citizen at birth if at least one parent is Indian.4 If the child is born outside the country, citizenship is generally conferred if one parent is a citizen.5 Those born outside India on or after January 26, 1950, and before December 10, 1992, are citizens if their father is a citizen at birth.6 Those born after December 10, 1992, are citizens if either parent is a citizen at birth.7 After December 3, 2004, those born outside India will not be considered citizens unless their birth is registered at an Indian consulate within one year of the date of birth.8 India also has provisions for becoming a citizen through a registration process. A person can obtain citizenship by registration if he or she is of Indian origin and has been a resident of India for seven years, if he or she is married to an Indian citizen and has been a resident for five years, or if he or she is a minor child of an Indian citizen.9 A person can also obtain citizenship by naturalization if he or she is of age, has resided in India for 12 years, has lived 11 years in India out of the previous 14 years, and has spent the 12 months preceding application for citizenship in the country.10 CAN ONE HOLD DUAL CITIZENSHIP? Both the Constitution and Citizenship Acts prohibit dual citizenship.11 ARE THERE “SECOND CLASS” CITIZENS? India has dealt with violence and discrimination both directed at religious minorities and lower-class citizens.12 Christian and Muslim citizens have been the victims of hate crimes and Christian missionaries have also been accused of harassing Hindu organizations and members of other communities.13 While India’s 1955 Civil Rights Act made discrimination against castes an offense (“untouchability”), discrimination against lower castes and indigenous people is pervasive in Indian society.14 Members of lower castes have

INDIA

139

encountered employment discrimination as well as unequal access to health care, land ownership, and educational institutions. There have also been reports of violence directed at those who marry or associate with people across castes.15 The government has passed laws and issued directives against discrimination, instituting affirmative action policies to remediate discriminatory practices.16 In addition to discrimination against lower castes, there is evidence that abuses also occur among the country’s homosexual population. Homosexuality is illegal in India and gays and lesbians report facing discrimination from the police, employers, and health care providers.17 RIGHTS AND OBLIGATIONS The Indian Constitution lists several rights that citizens are afforded as well as obligations of citizenship. These include the rights to freedom of speech, free practice of religion, and protection of minorities’ cultures.18 Obligations of citizens include respecting and abiding by the Constitution, upholding the country’s unity and integrity, defending the country, and protecting the natural environment.19 CAN ONE LOSE ONE’S CITIZENSHIP? A person can renounce their citizenship if they are of full age and a citizen or national of another country (Article 8). Citizenship will be terminated if a person who has become a citizen through naturalization or registration acquires a foreign nationality (Article 9). In addition, the Indian government may deprive a person of his or her citizenship if it determined that citizenship was obtained by fraud, if he or she has been found to be disloyal to India’s Constitution, has associated with an enemy country during a time of war, has been sentenced within five years after naturalization to imprisonment for a term more than two years, or has resided out of India and had little connection to the country for at least seven years (Article 10). ARE THERE DIFFERENCES BETWEEN THE RIGHTS AND RESPONSIBILITIES OF NATURALIZED CITIZENS AND CITIZENS BY BIRTH? There do not appear to be any differences between the rights and responsibilities of naturalized citizens and citizens by birth.

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PUBLIC OPINION ON CITIZENSHIP There is no data available pertaining to public opinion on citizenship.

NOTES 1. U.S. State Department, Country Reports, available at www.state.gov. 2. U.S. State Department, Country Reports. 3. U.S. State Department, Country Reports. 4. Indian Citizenship Act, Section 3, available at indiacode.nic.in/fullact1 .asp?tfnm=195557 (February 16, 2008). 5. Indian Citizenship Act, Section 4. 6. Indian Citizenship Act, Section 4. 7. Indian Citizenship Act, Section 4. 8. Indian Citizenship Act, Section 4. 9. Indian Citizenship Act, Section 5. 10. Indian Citizenship Act, Section 6. 11. Indian Citizenship Act. Constitution of India, available at lawmin.nic.in/coi. htm (February 16, 2008). 12. U.S. Department of State, 2006 Country Reports on Human Rights Practices, India, March 6, 2007, available at www.state.gov/g/drl/rls/hrrpt/2006/78871 .htm (February 16, 2008). 13. U.S. Department of State, 2006 Country Reports on Human Rights Practices, India. 14. U.S. Department of State, 2006 Country Reports on Human Rights Practices, India. 15. U.S. Department of State, 2006 Country Reports on Human Rights Practices, India. 16. U.S. Department of State, 2006 Country Reports on Human Rights Practices, India. 17. U.S. Department of State, 2006 Country Reports on Human Rights Practices, India. 18. Constitution of India. 19. Constitution of India.

19 CHINA

China is bordered by the East China Sea, Korea Bay, Yellow Sea, and South China Sea. It is between North Korea and Viet Nam. The other border countries are Afghanistan, Bhutan, Burma, India, Kazakhstan, Kyrgyzstan, Laos, Macau, Mongolia, Nepal, Pakistan, Russia, and Tajikistan. The People’s Republic of China has a population of 1.3 billion inhabitants. While 91.9 percent of the population is Han Chinese, other ethnic groups include Zhuang, Manchu, Hui, Miao, Uygur, Yi, Mongolian, Tibetan, Buyi, and Korean. China is a communist state that was established on October 1, and is composed of provinces, autonomous regions, and municipalities. Officially, China is an atheist republic, although Taoism, Buddhism, Islam, and Christianity are practiced. Aside from many regional dialects, the main language is Mandarin.1 HOW IS CITIZENSHIP ATTAINED? A child can acquire Chinese citizenship at birth when at least one parent is Chinese or if the parents are stateless or their nationality is uncertain and both reside in China.2 A child may not acquire Chinese nationality when his or her parents are citizens, at least one has settled abroad, and the child has acquired a foreign nationality.3

141

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A person may acquire Chinese citizenship through naturalization if they meet one of the following criteria: (1) they are near relatives of Chinese citizens, (2) they have settled in China, or (3) they have other legitimate reasons.4 Any other citizenship retained at the time of approval of Chinese nationality must be forfeited.5 In turn, if a Chinese citizen has been naturalized in another country, he or she will automatically lose Chinese nationality.6

CAN ONE HOLD DUAL CITIZENSHIP? China does not recognize dual nationality.7

ARE THERE “SECOND CLASS” CITIZENS? The Chinese Constitution says, “All citizens of the Republic of China, irrespective of sex, religion, race, class, or party affiliation, shall be equal before the law.”8 However, China is often characterized by its civil rights abuses. There are many reports of abuse and discrimination by the majority Han culture directed against minorities.9 This discrimination is manifested through unequal employment opportunities and hiring practices, disproportionate government benefits, and lack of government representation. Ethnic minorities are also imprisoned at disproportionate rates and receive unequal access to public services.10 While employment discrimination against those with HIV or AIDS is not allowed, there have been reports of this discrimination occurring as well as hospitals refusing to treat HIV/AIDS patients. In addition to employment discrimination being directed toward those with medical conditions, it has also reportedly occurred due to height and physical appearance.11 The Chinese government has taken steps to reduce this discriminatory treatment, passing regulations to enhance minority preferences in education and working with nongovernmental organizations to assist HIV/AIDS patients and their families.12 However, these efforts do not appear to be enacting significant change.

RIGHTS AND OBLIGATIONS The Chinese Constitution enumerates many rights and responsibilities of its citizens. The Chinese are afforded several rights including those of personal

CHINA

143

freedom, speech, assembly, and religion.13 Responsibilities of citizens include paying taxes, receiving an education, and performing military service.14 CAN ONE LOSE ONE’S CITIZENSHIP? Chinese nationality may be renounced if a person is either a near relative of foreign citizens, has settled abroad, or has other legitimate reasons.15 However, state and military personnel on active service cannot renounce Chinese citizenship.16 ARE THERE DIFFERENCES BETWEEN THE RIGHTS AND RESPONSIBILITIES OF NATURALIZED CITIZENS AND CITIZENS BY BIRTH? There do not appear to be any differences between the rights and responsibilities of naturalized citizens and citizens by birth. PUBLIC OPINION ON CITIZENSHIP There are no data available pertaining to public opinion on citizenship.

NOTES 1. US Department of State, Country Reports, available at www.state.gov. 2. Articles 4 and 6, Nationality Law of the People’s Republic of China, available at www.chinaembassy.org.nz/eng/lsqz/zgygflgd/t39423.htm (February 7, 2008). 3. Article 5, Nationality Law of the People’s Republic of China. 4. Article 7, Nationality Law of the People’s Republic of China. 5. Article 8, Nationality Law of the People’s Republic of China. 6. Article 9, Nationality Law of the People’s Republic of China. 7. Article 3, Nationality Law of the People’s Republic of China. 8. Chapter 2, Article 7, Office of the President Republic of China Constitution, available at www.president.gov.tw/en/prog/news_release/document_content .php?id=1105498684&pre_id=1105498701&g_category_number=409&category_ number_2=373&layer=on&sub_category=455 (February 7, 2008). 9. U.S. Department of State, March 6, 2007, Country Reports on Human Rights Practices, 2006, China, available at www.state.gov/g/drl/rls/hrrpt/2006/78771.htm (February 7, 2008).

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10. U.S. Department of State, March 6, 2007, Country Reports on Human Rights Practices. 11. U.S. Department of State, March 6, 2007, Country Reports on Human Rights Practices. 12. U.S. Department of State, March 6, 2007, Country Reports on Human Rights Practices. 13. Chapter 2, Articles 8, 11, 13, and 14, Office of the President Republic of China Constitution. 14. Chapter 2, Articles 19, 20, and 21, Office of the President Republic of China Constitution. 15. Chapter 2, Article 10, Office of the President Republic of China Constitution 16. Chapter 2, Article 12, Office of the President Republic of China Constitution.

20 JAPAN

Japan is an archipelago in East Asia, located in the North Pacific Ocean off the coast of Asia. Japan, with a population of 127.4 million, is composed of four main islands, Honshu, Hokkareto, Kynshus, and Shikskuo, in addition to more than 30,000 smaller ones. Ethnic Japanese account for 99 percent of the population while the remaining 1 percent includes Koreans, Chinese, Brazilians, and Filipinos. Japanese, the official language of Japan, has a number of regional dialects that at times are incomprehensible to speakers of other dialects. Ainu is Japan’s only other indigenous language. Korean and Chinese residents of Japan usually speak Japanese as their first language. Many Japanese study foreign languages, most commonly English.1 Japan is a primarily secular society in which religion is not a central factor in most people’s daily lives. Yet, certain religious practices help define the society. Most Japanese people profess at least some religious affiliation. The dominant religions are Buddhism and Shintoism, a religion that originated in Japan. There is a small Christian minority (1 percent). Today, about two-thirds of Japan’s Christians are Protestants, and about one-third are Roman Catholics. Small communities of other faiths are present in Japan as well.2 Japan’s older Meiji Constitution of 1889 was replaced in 1947. Today, Japan is a parliamentary democracy with a prime minister and a cabinet whose members are appointed by the prime minister. An emperor acts as the formal head of state, although his official status under the Constitution 145

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is the “symbol” of the Japanese nation and its people. Japan is a unitary state, in which the authority of the central government is superior to that of the country’s prefectural governments. The legislature is a bicameral Diet with a House of Councillors and a House of Representatives. The judicial branch consists of a supreme court. But Japan’s 47 prefectures and several thousand city, town, and village governments enjoy a significant degree of autonomy over local affairs.3

HOW IS CITIZENSHIP ATTAINED? A person becomes a Japanese citizen by birth if one of the following three conditions is met: (1) either the mother or father is a Japanese citizen at the time of the child’s birth, (2) if the father died before the child’s birth but was a Japanese citizen when he died, or (3) in cases where both parents are unknown or have no nationality and the child is born in Japan.4 Acquiring Japanese nationality at birth is a much simpler process if both parents are Japanese citizens, if only the mother is a Japanese citizen, or if only the father is Japanese and the parents are married. Citizenship at birth becomes much more complicated when the parents are not married and the mother is not Japanese. Under this condition, a child born to an unmarried, non-Japanese mother and a Japanese father can only become a citizen if the father recognizes the child as his before birth,5 or if the parents marry before the child is 20 years old and the parents both recognize the child as theirs.6 This is called the process of legitimation. Under these conditions, unless the parents marry or the father is able to recognize the child as his before he or she is born, the child will not have Japanese citizenship. There have been a number of court cases involving non-Japanese women whose children with Japanese men were denied Japanese citizenship under these conditions. In some cases, the fathers even recognized the children as theirs but failed to do so before birth.7 In one high profile case, a group of Filipino women sued to obtain Japanese citizenship for their children with Japanese men.8 While the children were ultimately granted Japanese citizenship, this quirk in nationality law presents an interesting conceptual challenge.9 In one particular case, the Japanese father acknowledged paternity after birth and even had an additional child with the same women. The child who was born later received Japanese citizenship at birth because the father was able to acknowledge paternity ahead of time. Nonetheless, the older sibling born of the same parents was

JAPAN

147

not automatically granted citizenship because the father acknowledged paternity after birth instead of beforehand.10 Naturalization is the other process by which a person can become a Japanese citizen. To become a naturalized Japanese citizen you must have lived in Japan for at least 5 consecutive years and be at least 20 years old.11 Additional requirements include an ability to demonstrate that you are “of upright conduct,” able to support oneself financially, able to renounce former citizenship, and that you never attempted to overthrow the Japanese government.12 If a person seeking naturalization cannot renounce their former citizenship (e.g., because the other government will not allow it), the Japanese government can make an exception of this requirement.13 The length of residency requirement is reduced for individuals married to Japanese citizens provided that they have lived in Japan for three years and currently live in Japan or if they have been married to the Japanese citizen for three years and lived in Japan for one year.14

CAN ONE HOLD DUAL CITIZENSHIP? Japanese citizens cannot possess dual nationality once they reach adulthood. If a person acquires two nationalities by virtue of birth, he must choose which nationality to renounce by the time he is 22 years old.15

ARE THERE “SECOND CLASS” CITIZENS? Although citizenship through naturalization is technically feasible according to Japanese nationality laws, in practice it has been rendered practically impossible. The U.S. Department of State reports that “many immigrants struggled to overcome obstacles to naturalization, including the broad discretion available to adjudicating officers and the great emphasis on Japanese language ability. Naturalization procedures also require an extensive background check, which includes inquiries into the applicant’s economic status and assimilation into society.”16 This has led to the creation of a number of ethnic minorities who are unable to attain Japanese citizenship, many of whom have lived in Japan for multiple generations. Examples of such ethnic minorities include people of Korean, Filipino, Chinese, and Brazilian descent.17 These ethnic minorities have experienced “various forms of deeply entrenched

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societal discrimination, including restricted access to housing, education, and employment opportunities.”18 The plight of Korean residents has been the focus of much attention as they make up the largest noncitizen population in Japan. Koreans comprise about 85 percent of all of Japan’s resident aliens.19 There are approximately 700,000 people of Korean descent living in Japan (about 1 percent of Japan’s total population).20 As many Koreans were born and raised in Japan, they are for all intents and purposes no different from Japanese citizens. The only difference is that they are not granted citizenship at birth and find it difficult to attain citizenship through naturalization. As such, they are denied the basic rights of citizenship which “means more than full voting rights. Citizens also have the right to run for public office, freedom from public-sector employment restrictions, and security from deportation. There are symbolic, practical, and material gains from citizenship, too, including fellowships and scholarships limited to Japanese nationals.”21 These are all rights which are currently unavailable to the Korean noncitizen population of Japan as well as other ethnic minorities. Specifically, the Minorities at Risk Assessment reports that Koreans in Japan cannot vote (although there are laws being considered which would allow for the Koreans to vote in local elections); and the group is denied positions within the government, civil service, police force and the military. Economically the group has been, and continues to be neglected. Historically the Korean community has been forced to accept the lowest paying jobs, and there is considerable discrimination in hiring practices. As a result the Koreans are marginalized in the Japanese economy.22

In addition to noncitizen, ethnic minorities, Japan has also struggled with the treatment of two native groups, the Ainu and the Burakumin, “descendents of feudal era outcasts.”23 The U.S. State Department reports that “the approximately three million burakumin, although not subject to governmental discrimination, frequently were victims of entrenched societal discrimination, including restricted access to housing, education, and employment opportunities.”24 Additionally, the Ainu, an indigenous population of approximately 27,000 people, have made strides in recent years toward achieving equal citizenship rights. With the passage of the Ainu Culture Promotion Act in 1997, “the law recognized the Ainu as an ethnic minority, required all prefectural governments to develop basic programs for promoting Ainu culture and traditions, canceled previous laws that discriminated against the Ainu, and

JAPAN

149

required the government of Hokkaido to return Ainu communal assets.” Although this law is a step in the right direction, some argue that more needs to be done because “special rights for the Ainu, to provide additional resources or support to enable them to fully enjoy the human and democratic rights they should possess as citizens, have not been recognized by the state.”25

RIGHTS AND OBLIGATIONS The Japanese Constitution lists several rights and obligations of its citizens. Citizens’ rights include quality under the law, the right to vote, and freedoms of thought, religion, assembly, and association.26 Obligations of citizens include not abusing their rights, using their rights and freedoms to better the public welfare, and educating their minor children.27

CAN ONE LOSE ONE’S CITIZENSHIP? Japanese citizenship is lost when a citizen acquires the nationality of a foreign country by choice.28 A Japanese citizen who is born in a foreign country and who acquires a foreign citizenship by birth automatically loses his Japanese citizenship unless he applies to retain his Japanese citizenship according to the Family Registration Law.29 However, an individual in this circumstance may reacquire Japanese citizenship if they are under 20 years old, live in Japan, and file their intent with the government.30 Finally, a citizen may also renounce his Japanese citizenship upon becoming a citizen of another country.31 This renunciation process is somewhat redundant because the individual who acquires a foreign nationality automatically loses his Japanese citizenship anyway.

ARE THERE DIFFERENCES BETWEEN THE RIGHTS AND RESPONSIBILITIES OF NATURALIZED CITIZENS AND CITIZENS BY BIRTH? There do not appear to be any differences between the rights and responsibilities of naturalized citizens and citizens by birth.

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PUBLIC OPINION ON CITIZENSHIP As we see in table 20.1, the overwhelming majority of respondents (90 percent in 1995 and 84 percent in 2003) would rather be a Japanese citizen than be from any other country in the world.32 Additionally, most respondents think Japan is a better country than most other nations (84 percent in 1995 and 76 percent in 2003). In stark contrast to the previous questions, a high percentage of respondents from both years feel that there are things about Japan that make them feel ashamed (68 percent agreement in 1995 and 70 percent agreement in 2003). Moreover, slightly less than a third of respondents felt that the world would be better if more people were like the Japanese (30 percent in 1995 and 29 percent in 2003). A large percentage of respondents (approximately 40 percent) fell in the neither agree nor disagree category for that question, which demonstrates a high level of ambivalence toward this issue. Finally, few respondents feel that they should support Japan even if it’s in the wrong (22 percent in 1995 and 24 percent in 2003). Overall, these findings generally support a high level of agreement between the two time periods, signaling that Japanese attitudes have not changed a great deal over the eight-year time period between surveys. Overall, we see from table 20.2 that the Japanese are fairly proud of the way democracy works in their country, with 67 percent being “very” or “somewhat” proud in 1995 and 65 percent in 2003. However, far fewer respondents reported pride in Japan’s influence in the world. Only 44 percent reported pride in Japan’s influence in 1995, with even fewer (35 percent) feeling the same way in 2003. The Japanese only demonstrate moderate levels of pride in their social security system (48 percent reported pride in 1995 while only 40 percent felt the same way in 2003). In contrast, Japanese respondents demonstrate high levels of pride in their country’s achievements in science and technology (87 percent in 1995 and 92 percent in 2003), sports (81 percent in 1995 and 90 percent in 2003), arts and literature (85 percent in 1995 and 90 percent in 2003), and history (77 percent in 1995 and 76 percent in 2003). A high percentage of Japanese respondents (79 percent) also reported being proud of their nation’s economic achievements in 1995. However, this percentage noticeably dropped in 2003 to 61 percent. Japanese respondents also demonstrate only a moderate level of pride in their country’s armed forces (48 percent in 1995 and 44 percent in 2003). Finally, approximately half of all respondents reported being proud of Japan’s fair and equal treatment of all groups in society (57 percent in 1995 and 50 percent in 2003).

1995 2003 1995 2003 1995 2003 1995 2003 1995 2003

Would rather be a citizen of Japan than any other country.

There are things about Japan that make me feel ashamed.

World would be a better place if more people were like the Japanese.

Japan is a better country than most other nations.

People should support country even if it’s wrong.

Japan

Table 20.1. Japanese National Pride (in Percent)

12 11

52 39

15 14

28 33

72 62

Strongly Agree

10 14

32 37

15 15

40 37

17 22

Agree

22 24

11 17

41 40

15 17

7 8

Neither

18 18

3 3

13 12

7 7

1 4

Disagree

37 34

2 4

17 19

10 7

2 4

Strongly Disagree

100 (1,198) 100 (1,041)

100 (1,238) 100 (1,071)

100 (1,173) 100 (1,001)

100 (1,205) 100 (1,043)

100 (1,247) 100 (1,082)

Total (N)

1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003

The way democracy works

Its political influence in the world

Its economic achievements

Its social security system

Its scientific and technological achievements

Its achievements in sports

Its achievements in the arts and literature

Its armed forces

Its history

Its fair and equal treatment of all groups in society

Japan

11 8

33 27

10 10

36 41

29 38

33 43

9 5

28 13

8 5

17 10

Very Proud

46 42

44 49

38 34

49 49

52 52

54 49

38 35

51 48

36 30

50 55

Somewhat Proud

Table 20.2. How Proud Are You of Japan in Each of the Following? (in Percent)

35 37

21 21

40 41

13 8

17 9

11 6

41 42

17 29

46 48

30 30

Not Very Proud

8 13

2 4

12 15

2 1

2 2

2 2

12 17

3 10

9 17

4 5

Not Proud at All

100 (1,061) 100 (911)

100 (1,118) 100 (945)

100 (1,017) 100 (832)

100 (1,144) 100 (985)

100 (1,164) 100 (1,036)

100 (1,137) 100 (998)

100 (1,120) 100 (959)

100 (1,133) 100 (959)

100 (1,067) 100 (912)

100 (1,108) 100 (939)

Total (N)

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153

NOTES 1. U.S. Department of State, Country Report, available at www.state.gov. 2. U.S. Department of State, Country Report. 3. U.S. Department of State, Country Report. 4. Article 2, The Nationality Law (Law No. 147 of 1950, as amended by Law No. 268 of 1952, Law No. 45 of 1984, and Law No. 89 of 1993), available at www .moj.go.jp/ENGLISH/information/tnl-01.html (September 9, 2006). 5. William Wetherall, “Recognition and Legitimation, The Impact of Marriage on Parenthood,” January 1, 2007, available at members.jcom.home.ne.jp/yosha/ nationality/Recognition_and_legitimation.html. 6. Article 3, The Nationality Law. 7. See the Japan Children’s Rights Network for a collection of news stories relating to this issue. The website address is www.crnjapan.com/issues/en/out_of_ wedlock_birth_no_citizenship.html. 8. Masami Ito, “Kids Born, Fathered Here by Japanese Sue State for Recognition as Citizens,” Japan Times, April 13, 2005; Laura Fitch, “Foreign Mothers Fight for Children’s Futures,” Japan Times, July 19, 2005. 9. Japan Times, “Ruling Slams Unequal Bias in Paternity Recognition,” March 30, 2006, available at search.japantimes.co.jp/cgi-bin/nn20060330a2.html. 10. Ito, “Kids Born, Fathered Here by Japanese Sue State.” 11. Article 5, The Nationality Law. 12. Article 5, The Nationality Law. 13. Article 5, The Nationality Law. 14. Article 7, The Nationality Law. 15. Article 14, The Nationality Law. 16. U.S. Department of State, 2006 Country Reports on Human Rights Practices, Japan, March 6, 2007, available at www.state.gov/g/drl/rls/hrrpt/2006/78775 .htm (September 20, 2007). 17. U.S. Department of State, 2006 Country Reports on Human Rights Practices, Japan. 18. U.S. Department of State, 2006 Country Reports on Human Rights Practices, Japan. 19. Minorities at Risk, Assessment for Koreans in Japan, available at www.cidcm .umd.edu/mar/assessment.asp?groupId=74003 (September 13, 2007). 20. Fukuoka Yasunori, “Koreans in Japan: Past and Present,” Saitama University Review 31, no. 1. Available at www.han.org/a/fukuoka96a.html (September 25, 2007). 21. Angela Paik Schaeffer, “Rethinking Citizenship,” Arts & Sciences Magazine (Spring/Summer 2006). Available at www.krieger.jhu.edu/magazine/spsum06/ pages/f2citizen.html (September 28, 2007). 22. Minorities at Risk, Assessment for Koreans in Japan.

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23. U.S. Department of State, 2006 Country Reports on Human Rights Practices, Japan. 24. U.S. Department of State, 2006 Country Reports on Human Rights Practices, Japan. 25. Richard Siddle, “The Limits to Citizenship in Japan: Multiculturalism, Indigenous Rights, and the Ainu,” Citizenship Studies 7, no. 4 (2003): 449. 26. The Constitution of Japan, Articles 14, 15, 19, 20, 21, available at www.solon .org/Constitutions/Japan/English/english-Constitution.html (February 29, 2008). 27. The Constitution of Japan, Articles 12, 26. 28. Article 11, The Nationality Law. 29. Article 12, The Nationality Law. 30. Article 17, The Nationality Law. 31. Article 13, The Nationality Law. 32. Data were obtained from the International Social Survey Programme’s National Identity surveys from 1995 and 2003. In the 1995 survey, Japanese respondents were not asked if they were citizens so we cannot be certain that all responses came from Japanese citizens. However, we assume that the vast majority of respondents are citizens given Japan’s strict citizenship laws.

VIII OCEANIA

21 AUSTRALIA

Australia

is located in the Southern Hemisphere between the Indian and Pacific Oceans. It is a federation of six states—New South Wales, Queensland, South Australia, Tasmania, Victoria, and Western Australia— and two territories: Northern Territory and Australian Capital Territory (ACT), the site of the nation’s capital. It extends for about 4,000 kilometers from east to west and for about 3,700 kilometers from north to south. Its coastline measures some 25,760 kilometers. Australia is 7,682,300 square kilometers, making it the smallest continent in the world, but the sixth largest country.1 Australia is one of the most urbanized countries in the world. Its population is estimated at just over 19 million. Approximately 85 percent live in urban centers, with about a third residing in the two largest cities, Sydney and Melbourne.2 Australia is a federal parliamentary democracy and a member of the Commonwealth of Nations. The Constitution of Australia, which became effective in 1901, is based on British parliamentary traditions, and includes elements of the United States system. The head of the state is the British sovereign, and the head of the government is the Australian prime minister, who is responsible to the Australian Parliament. All powers not delegated to the federal government are reserved to the states.3 The official language of Australia is English.4

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Australia has no single established church, and its Constitution guarantees freedom of worship. The population is predominantly Christian. The largest single denominations are Roman Catholic (16 percent of the population) and the Anglican Church of Australia (26 percent). Jewish, Buddhist, and Muslim worshippers make up a small portion of the population.5

HOW IS CITIZENSHIP ATTAINED? In 2007, Australia passed legislation that overhauled the citizenship laws of the country. According to this new law, everyone with citizenship prior to the passage of the legislation will retain his citizenship status. Moving forward, citizenship is attained at birth if a child is born in Australia and at least one parent is an Australian citizen or permanent resident.6 Otherwise, the only other way to become a citizen at birth is if the person is born in Australia and resides in the country for 10 years immediately after birth.7 Additionally, if a child is found abandoned in Australia, they are presumed to be a citizen unless otherwise proven.8 Finally, stateless individuals who are born in Australia can become naturalized citizens.9 Citizenship can also be obtained by descent. If an individual was born outside of Australia and at least one parent was an Australian citizen at the time of the child’s birth (if born after 1949) or one parent was an Australian citizen as of 1949 (if born before 1949) then that individual can apply to become a citizen by descent.10 The person must apply and be approved by the minister. An application may be denied if the person is deemed a national security threat, if he cannot prove his identity, or if the applicant had previously terminated his Australian citizenship within the last year.11 Finally, a person may become a citizen through naturalization or conferral (as it is known in the Australian Citizenship Act 2007). Under this process, a person may become an Australian citizen after application, pending the approval of the minister. To be approved, an individual must meet the following conditions: be at least 18 years old, possess permanent resident status, have a “basic knowledge of the English language,” be knowledgeable about Australian history and the rights and responsibility of citizenship, be likely to continue living in Australia, and be “of good character.”12 There is also a period of residency requirement for citizenship by conferment. For the most part, applicants must live in Australia for the four years preceding the application for citizenship, with the most recent twelve months having been as a permanent resident.13 Additionally, an applicant cannot have lived outside of Australia for more than a year of those four

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years (with no more than three months of those in the last year).14 An applicant cannot have lived in Australia illegally.15 The residency requirement is not applicable to an applicant who was born in Australia or who had previously been an Australian citizen.16 The residency requirement is waived for any applicant that has served in the Australian military for three months or the reserves for six months.17 Finally, to become a citizen by naturalization, an approved applicant must make a pledge of commitment to Australia unless they are under the age of 16 or are mentally incapable of making such a pledge.18

CAN ONE HOLD DUAL CITIZENSHIP? Somewhat recent changes to citizenship laws now permit Australian citizens to hold dual nationality. As long as dual citizenship was obtained after April 4, 2002, Australian citizens may possess multiple nationalities.19

ARE THERE “SECOND CLASS” CITIZENS? While Australia’s indigenous populations have historically been the victims of discriminatory practices, changes in recent years have improved the rights of native peoples.20 However, there are still some problems relating to indigenous rights. Australia passed the Racial Discrimination Act of 1975 that prohibits discrimination on the grounds of race, color, descent, or national or ethnic origin. However, Australia has historically dealt with issues of discriminatory practice directed toward its indigenous population. There have been reported instances of abuse including discrimination related to employment, housing, and education. This population also has a much higher rate of imprisonment, lower life expectancy rates (approximately 20 years less than for non-indigenous people), and unequal access to societal institutions like schools and hospitals. Additionally, ethnic minorities and immigrants have reported feelings of hostility from the rest of the Australian population. The Australian government has put forth efforts to reduce this inequality, passing legislation and instituting programs recognizing past hostility and inequity. There is a department of the government, the Ministry for Aboriginal Affairs, which is tasked with improving the quality of life of indigenous people. The government has initiated 24 programs aimed at improving the access of indigenous people to the same opportunities as

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other citizens. These initiatives included improving “access to better food from special stores, better-quality education through boarding school programs, and access to telecommunication and Internet services.” In addition, a National Native Title Tribunal is responsible for resolving native land title applications through mediation and acts as an arbitrator when the parties cannot reach agreement about proposed land developments. There is also a one-billion-dollar indigenous land fund that provides an ongoing source of funds for indigenous people to purchase land for their use. While the Australian government is clearly working toward equal treatment of its indigenous population, Aboriginal leaders have criticized the government for not going far enough in their efforts to reconcile.

RIGHTS AND OBLIGATIONS Citizenship carries with it a number of rights and obligations. First, all citizens have the right to live in Australia. In contrast, permanent residents are merely allowed to live in Australia as long as they maintain good behavior.21 Citizens also have the right to vote and be elected to parliament. In order to be elected to parliament, a naturalized citizen must demonstrate that he has done everything possible to renounce his other citizenship if he is unable to do so.22 Additionally, Australian citizens have the right to serve on a jury.23 Finally, citizens have the right to work for the Australian government. Most positions require individuals to either be Australian citizens or to be seeking citizenship.24 Australian citizens also have the right to leave the country and to return freely.25 Additionally, citizens living abroad have the right to register their children born abroad as Australian citizens.26 If Australian citizens experience any problems while traveling or living abroad, they have the right “to seek full consular assistance from Australian diplomatic representatives while overseas.”27 There are also a number of freedoms associated with Australian citizenship. These include freedom of speech, freedom of religion, and freedom of association.28 Additionally, “all Australians are equal under the law.”29 Furthermore, men and women are equal before Australian law.30 Additionally, all citizens are entitled to equal opportunity. This means that “no one should be disadvantaged on the basis of their country of birth, cultural heritage, political beliefs, language, gender or religious belief.”31 Citizenship also implies a number of responsibilities for the Australian citizenry. First, citizens are obligated to vote in state and federal elections

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and referenda. All citizens over the age of 18 are required to vote.32 Finally, all citizens are expected to “be committed to joining together to defend the nation and its way of life.”33

CAN ONE LOSE ONE’S CITIZENSHIP? Australian citizenship can be lost in a couple of ways. First, an individual may renounce his citizenship. To do so, a citizen must formally apply to the minister who can either approve or deny the request. In order to be approved, the applicant must be at least 18 years old and a citizen of a foreign country,34 or in a case where an individual is unable to attain foreign citizenship because he is an Australian citizen.35 Citizenship can also be revoked for an individual who acquired citizenship by descent, conferral, or adoption if citizenship was obtained through fraud, if the citizen is convicted of certain crimes, or if the minister decides it is against the country’s interest for the person to be a citizen.36 Crimes that would warrant a loss of citizenship include a crime for which a person is sentenced to death or a “serious prison sentence,” and the crime must have been committed before obtaining Australian citizenship.37 Australian citizenship is also lost if a person who is also a citizen of a foreign country serves in the military when that country is at war with Australia.38 Finally, a child of a parent who renounces his citizenship will also lose his citizenship unless the other parent also has and retains Australian citizenship.39

ARE THERE DIFFERENCES BETWEEN THE RIGHTS AND RESPONSIBILITIES OF NATURALIZED CITIZENS AND CITIZENS BY BIRTH? There are no significant differences between the rights of naturalized citizens and citizens by birth.

PUBLIC OPINION ON CITIZENSHIP The vast majority of Australian respondents (89 percent in 1995 and 87 percent in 2003) agreed that they would rather be a citizen of Australia than any other country.40 Similarly, most Australians felt that their country was better than most other nations (83 percent in both 1995 and 2003).

1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003

Would rather be a citizen of Australia than any other country.

There are things about Australia that make me feel ashamed.

World would be a better place if more people were like Australians.

Australia is a better country than most other nations.

People should support country even if it’s wrong.

Proud to be Australian when country does well in international sports.

Australia

Table 21.1. Australian National Pride (in Percent)

46 35

7 7

38 36

13 14

12 12

68 64

Strongly Agree

39 44

16 20

45 47

26 31

49 36

21 23

Agree

10 16

22 26

13 13

37 35

14 20

8 10

Neither

3 4

40 27

3 4

20 17

19 23

2 3

Disagree

1 2

15 9

1 1

5 4

6 8

1 1

Strongly Disagree

100 (2,284) 100 (2,056)

100 (2,271) 100 (2,023)

100 (2,281) 100 (2,057)

100 (2,270) 100 (2,020)

100 (2,265) 100 (2,034)

100 (2,281) 100 (2,061)

Total (N)

1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003 1995 2003

The way democracy works

Its political influence in the world

Its economic achievements

Its social security system

Its scientific and technological achievements

Its achievements in sports

Its achievements in the arts and literature

Its armed forces

Its history

Its fair and equal treatment of all groups in society

Australia

12 19

29 36

28 42

28 33

47 59

40 50

11 13

6 22

5 10

16 27

Very Proud

44 42

48 43

52 45

61 54

46 36

55 45

42 47

46 62

48 50

64 57

Somewhat Proud

Table 21.2. How Proud Are You of Australia in Each of the Following? (in Percent)

36 28

19 16

17 10

10 10

6 4

4 5

35 29

42 13

42 31

19 14

Not Very Proud

8 11

4 5

3 3

1 2

1 2

1 1

13 11

7 2

4 10

2 3

Not Proud at All

100 (2,169) 100 (1,960)

100 (2,201) 100 (1,971)

100 (2,185) 100 (1,991)

100 (2,203) 100 (1,921)

100 (2,252) 100 (2,018)

100 (2,253) 100 (1,986)

100 (2,196) 100 (1,958)

100 (2,161) 100 (1,948)

100 (2,137) 100 (1,890)

100 (2,206) 100 (1,106)

Total (N)

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When asked in 1995 if the world would be a better place if more people were like Australians, less than half of the respondents (39 percent) agreed with that statement, and in 2003, 45 percent agreed. Approximately half of all respondents in both years agreed that there were things about Australia that made them feel ashamed (61 percent in 1995 and 48 percent in 2003). Finally, a small percentage of respondents agreed that citizens should support their country even if it’s wrong (23 percent in 1995 and 27 percent in 2003). Australian respondents were also exceedingly proud of the way democracy works in their country (with 80 percent in 1995 and 84 percent in 2003 reporting they were “very” or “somewhat” proud). A majority of respondents felt proud of Australia’s political influence in the world (with 53 percent in 1995 and 60 percent in 2003). Australia’s history is also another significant source of pride for respondents; 77 percent of respondents in 1995 and 79 percent in 2003 were proud of their nation’s history. In 1995, a majority of respondents were proud of Australia’s military (80 percent), but a slightly greater percentage felt the same way in 2003 (89 percent). While 52 percent of respondents in 1995 felt proud of Australia’s economic achievements, this percentage increased dramatically to 84 percent in 2003. Respondents also expressed pride in Australia’s social security system (53 percent in 1995 and 60 percent in 2003), scientific and technological achievements (95 percent in both 1995 and 2003), sports achievements (93 percent in 1995 and 95 percent 2003), and arts and literature achievements (89 percent in 1995 and 87 percent in 2003). NOTES 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13.

U.S. Department of State, Country Reports, available at www.state.gov. U.S. Department of State, Country Reports. U.S. Department of State, Country Reports. U.S. Department of State, Country Reports. U.S. Department of State, Country Reports. Australian Citizenship Act 2007, Section 2, Part 2, Division 1, Section 12. Australian Citizenship Act 2007, Section 2, Part 2, Division 1, Section 12. Australian Citizenship Act 2007, Section 2, Part 2, Division 1, Section 14. Australian Citizenship Act 2007, Section 2, Part 2, Division 2, Section 21. Australian Citizenship Act 2007, Section 2, Part 2, Division 2, Section 16. Australian Citizenship Act 2007, Section 2, Part 2, Division 2, Section 17. Australian Citizenship Act 2007, Section 2, Part 2, Division 2, Section 21. Australian Citizenship Act 2007, Section 2, Part 2, Division 2, Section 22.

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14. Australian Citizenship Act 2007, Section 2, Part 2, Division 2, Section 22. 15. Australian Citizenship Act 2007, Section 2, Part 2, Division 2, Section 22. 16. Australian Citizenship Act 2007, Section 2, Part 2, Division 2, Section 22. 17. Australian Citizenship Act 2007, Section 2, Part 2, Division 2, Section 23. 18. Australian Citizenship Act 2007, Section 2, Part 2, Division 2, Section 26. 19. Australian Government, Department of Immigration and Citizenship, available at www.citizenship.gov.au/automatic-citizenship/dual-citz.htm (November 20, 2007). 20. U.S. Department of State, March 6, 2007, Country Reports on Human Rights Practices, 2006, Australia, available at www.state.gov/g/drl/rls/hrrpt/2000/ eap/673.htm (February 7, 2008). 21. Australian Government, 2007, “Becoming an Australian Citizen,” Part 1 “What Does Being an Australian Mean?” 3. Available at www.citizenship.gov.au/ test/resource-booklet/citz-booklet-pt-1.pdf (November 20, 2007). 22. Australian Government, “Becoming an Australian Citizen,” 3. 23. Australian Government, “Becoming an Australian Citizen,” 4. 24. Australian Government, “Becoming an Australian Citizen,” 4. 25. Australian Government, “Becoming an Australian Citizen,” 3. 26. Australian Government, “Becoming an Australian Citizen,” 3. 27. Australian Government, “Becoming an Australian Citizen,” 4. 28. Australian Government, “Becoming an Australian Citizen,” 5. 29. Australian Government, “Becoming an Australian Citizen,” 6. 30. Australian Government, “Becoming an Australian Citizen,” 7. 31. Australian Government, “Becoming an Australian Citizen,” 7. 32. Australian Government, “Becoming an Australian Citizen,” 7. 33. Australian Government, “Becoming an Australian Citizen,” 7. 34. Australian Citizenship Act 2007, Section 2, Part 2, Division 2, Section 33. 35. Australian Citizenship Act 2007, Section 2, Part 2, Division 2, Section 33. 36. Australian Citizenship Act 2007, Section 2, Part 2, Division 2, Section 34. 37. Australian Citizenship Act 2007, Section 2, Part 2, Division 2, Section 34. 38. Australian Citizenship Act 2007, Section 2, Part 2, Division 2, Section 35. 39. Australian Citizenship Act 2007, Section 2, Part 2, Division 2, Section 36. 40. Data was obtained from the International Social Survey Programme’s National Identity surveys from 1995 and 2003.

22 COMPARATIVE ANALYSIS

In this explicitly comparative chapter we juxtapose the different countries’ responses to the questions posed in the introductory section of this volume. On “how citizenship is attained” we described citizenship that is acquired at birth and citizenship that is acquired through the naturalization process. The United States is the only country included in our study in which a child born in the United States is automatically a citizen even if his or her parents are not citizens and even if they are in the United States illegally. Children who are born outside the United States automatically gain citizenship if both parents are citizens and one has lived in the United States before the child was born. Children born in Israel, and Jews who come to Israel under the Law of Return are automatically granted Israeli citizenship. In all of the other countries children who are born with at least one parent who is a citizen of a given country are automatically granted citizenship. Thus if a child born in France or born abroad has at least one parent who was born in France or is a French citizen, he or she is automatically granted French citizenship. Citizenship by naturalization is more complicated and more varied in the different countries. The length of time a person has lived in his or her new country is crucial. In the United States, a person must have lived in the United States for the five years immediately preceding his or her application for citizenship; the spouse of a citizen may be naturalized if he or 167

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she has been married to the citizen and lived in the United States for at least three years preceding the application. Exemptions from the residency requirement exist for people who have served in the military. Among the remaining twenty countries, the number of years an applicant must have lived in the country prior to applying for citizenship ranges from 15 (Nigeria) to 2 years. India and Argentina require two years, Italy and Egypt require ten years, and Germany and Hungary require eight years. Eight countries require five years and Canada, Brazil, and Australia require four years. Israel requires three years for those who are not admitted under the Law of Return. China does not stipulate a time period but requires the applicant to meet one of the following criteria: (1) are near relatives of Chinese citizens, (2) have settled in China, or (3) have other legitimate reasons. Eight countries do not grant citizenship to persons who have committed major criminal offenses or served time in prison. Those countries are Canada, Brazil, Germany, Italy, Hungary, the Russian Federation, Egypt, and Iran. Most of the countries require applicants to pass a citizenship test or demonstrate knowledge of the language, culture, or history of the country. We next compared countries in which one can hold dual citizenship against those in which it is not an option. The United States, Canada, Great Britain, France, Italy, and Hungary recognize dual citizenship in its broadest sense. Sweden recognizes dual citizenship when the other country’s law also permits it. Germany does not allow dual citizenship for persons who are naturalized citizens unless they come from certain European Union nations. The Russian Federation and Poland do not prohibit dual citizenship but neither do they recognize it. Thus Poles and Russians with dual citizenship are considered Polish and Russian citizens by their governments. Jews who settle in Israel under the Law of Return are not required to renounce their former citizenship in order to obtain Israeli citizenship. Others who immigrate to Israel must renounce their former citizenship in order to become an Israeli citizen. A person who is born in Nigeria may acquire another citizenship, but naturalized Nigerians may not hold dual citizenship. South Africa requires that its citizens must request to retain their South Africa citizenship prior to receiving a second country’s citizenship. Argentina generally does not allow dual citizenship but has an agreement with the following countries to permit dual nationality: Spain, Colombia, Chile, El Salvador, Honduras, Italy, Nicaragua, Norway, Panama, Sweden, and the United States. Also children

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who are born abroad to Argentinean parents who acquire both Argentinean citizenship and the citizenship of a foreign country may hold that nationality until they reach 18 years of age. At that point, they must choose which nation’s citizenship they want to retain. Brazil also generally does not recognize dual citizenship but has two exceptions: one, if the Brazilian citizen obtains the nationality of a foreign country that recognizes the citizenship of Brazil, and two, if a Brazilian is required by a foreign government to obtain the citizenship of the other nation in order to remain in the country. Iran, Egypt, India, China, and Japan do not recognize dual citizenship. We turn next to the question of whether there are second class citizens in the countries studied. By second class citizens, we mean persons who do not enjoy the same rights held by a majority of the citizens. Only 3 of our 21 countries received an unequivocal “no.” They are Canada, Sweden, and the United States. Iran and to a lesser extent Argentina are the only two countries in which women are second class citizens. Indigenous people and persons of minority racial, ethnic, and religious backgrounds are most likely to be treated as second class citizens. Indigenous people in Brazil, Italy, Poland, Hungary, Russia, and Australia do not enjoy full rights. In Brazil the indigenous population are mostly Indians. In Italy, Poland, Hungary, and the Russian Federation, the indigenous people are mostly gypsies. They are discriminated against in employment, housing, education, access to social services, and other areas. Racial and ethnic minorities experience second class citizenship in Brazil, France, Japan, China, Nigeria, Iran, and South Africa. In Japan, the largest ethnic group who are second class citizens are Koreans. Some 700,000 Koreans living in Japan for multiple generations are not allowed to acquire Japanese citizenship. Other groups include Filipinos, Chinese, and persons of Brazilian descent. They also suffer discrimination by restricted access to housing, education, and employment opportunities. Nigeria treats ethnic groups who are not indigenous to the region as second class citizens as well as persons who suffer from HIV/AIDS. Muslims in Great Britain, France, and Israel are discriminated against. In not being permitted to serve in the military, Israeli Arabs are not afforded the same educational opportunities and social benefits as are young Jewish Israelis. While over the years there has been increased equality in the treatment of the lower castes in India, they still do not enjoy the full rights of higher caste Hindus. Neither do Christians and Muslims enjoy the full rights of citizenship.

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Christians and Jews are second class citizens in Egypt, as are the aborigines in Australia in the forms of employment and education. Although we stated at the outset that the United States does not tolerate second class citizenship, even today many would argue that Native Americans and blacks do not enjoy the same educational and employment opportunities as do the majority white population. What are the rights and responsibilities of citizenship? For 15 of the countries, rights include freedom of speech, press, assembly, and religion. The countries that focus on other “rights” are Argentina, Brazil, and Sweden. They emphasize freedom to work. Poland emphasizes prohibition against cruel punishment and unauthorized search. Iran claims freedom from arbitrary arrest. In addition to the right to free speech, press, and assembly, India also focuses on the protection of minority groups. We note that the Chinese Constitution affords its citizens the right of speech, assembly, and religion. The government’s actions do not guarantee those rights. The major obligation in 15 of the nations is service in the military. Canada, Great Britain, France, Sweden, Nigeria, and Japan do not obligate its citizens to serve in its armed forces (except, of course, during war time). Other obligations include jury service in the United States and Great Britain, caring for the environment in Canada, and compulsory voting in Brazil. When we examined whether persons could lose their citizenship we found that they could in all of the countries studied but the reasons varied. In the following countries persons could voluntarily give up their citizenship: Canada, the United States, Argentina, Great Britain, Italy, Sweden, the Russian Federation, Poland, Hungary, Israel, India, and Australia. But those countries also had grounds for revoking one’s citizenship. Committing acts of treason or disloyalty or engaging in activity harmful to the national interest are grounds for loss of citizenship in the United States, Brazil, France, Israel, South Africa, Australia, and India. In Egypt, South Africa, Hungary, Argentina, India, and Australia citizenship also may be lost if it is obtained through fraudulent means. In addition to giving up one’s citizenship voluntarily, another common ground for losing one’s citizenship in Sweden, Israel, Egypt, Hungary, and India is as a result of living abroad for long periods of time. Having been convicted of a serious offense and served time in prison is also grounds for losing one’s citizenship in Egypt, India, Nigeria, and Australia. And, of course, assuming the citizenship of another country when one’s original country does not recognize dual citizenship—for example,

COMPARATIVE ANALYSIS

171

in Iran, Egypt, India, China, and Japan—is also grounds for losing one’s citizenship. Finally, we report whether there are differences between the rights and responsibilities of naturalized citizens and citizens by birth. In Canada, Great Britain, France, the Russian Federation, Germany, Poland, Sweden, Australia, China, Italy, Hungary, South Africa, India, Japan, and Israel there are no differences. The biggest difference concerns who may run for and be elected to public office. In the United States, only citizens by birth can be elected president and vice president. In Brazil the public offices also include president of the Chamber of Deputies, president of the Federal Senate, justices of the Supreme Court, and officers in the armed forces. In Iran, naturalized citizens cannot be elected president, be appointed a cabinet minister, or hold any diplomatic positions outside the country. In Egypt naturalized citizens cannot exercise their political right until 5 years after the date of naturalization and cannot be elected or appointed to a government position until 10 years after their date of naturalization. Exemptions may be made for those who fought in the Egyptian military service. In Argentina, naturalized citizens are not obligated to participate in the military for the 10 years immediately following their naturalization. In Nigeria only naturalized citizens can hold dual citizenship. We were able to report the results of national surveys for 15 of the 21 countries. The surveys focused on respondents’ attitudes toward their country, whether they would rather be a citizen of their country than any other country, how they felt their country compared to other countries, whether the world would be a better place if more people were like those in their country, how proud they were of the way democracy works in their country, whether there were things that their country did that made them feel ashamed, and whether citizens should support their country even when it was wrong. There were also a series of questions that asked how proud they were of their country’s economic achievements, achievement in sports, and achievements in the arts and literature. The United States, Canada, and Australia at 88, 87, and 87 reported the highest percentages of respondents who said they would rather be a citizen of their country than any other country. They were followed by South Africa and Japan at 85 and 84 percent. In none of the countries did less than 58 percent respond that they would rather be a citizen of their country than any other country. Respondents in Canada, the United States, Australia, and Japan were most likely to believe that the world would be a better place if more people

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were like those in their country. Less than 50 percent of respondents did not believe the world would be a better place: in France (43 percent), Germany (37 percent), Italy (37 percent), Poland (33 percent), and Hungary (34 percent). In looking over the responses to all of the questions we found that the countries that gave the highest positive responses to the questions were the United States, Canada, Great Britain, Sweden, the Russian Federation, South Africa, Japan, and Australia.

CONCLUDING COMMENTS

To summarize the major findings in this study, we reported that the United States was the only country in which a child automatically gained U.S. citizenship if he or she was born in this country. It didn’t matter if the child’s parents were U.S. citizens or if they were here illegally. For all of the other countries, the parent’s citizenships was crucial. Length of time in a given country was the major consideration in acquiring citizenship by naturalization. The number of years ranged from 15 to 2. Five years was the most common length of time. Seven of the countries allow dual citizenship in the broadest sense: the United States, Canada, Great Britain, France, Italy, Hungary, and Sweden. In all of the countries, save three, there are second class citizens (i.e., persons who do not enjoy the same rights held by a majority of the citizens). The United States along with Canada and Sweden are the three countries, but as we noted, there are many in the United States who would argue that Native Americans and blacks do not enjoy the same rights in all areas of life (i.e., educational and occupational opportunities) as do Caucasians. The major rights of citizenship in 15 of the countries include basic freedoms of speech, press, assembly, and religion. The major obligation is military service. In all of the countries, persons can lose their citizenship mostly for committing an act of treason, living abroad for long periods of time, conviction for a serious criminal offense and imprisonment, and assuming 173

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CONCLUDING COMMENTS

the citizenship of another country when one’s original country does not recognize dual citizenship. In the United States, naturalized citizens cannot be elected to the presidency or vice presidency. In Brazil and Iran, there are additional offices for which they cannot run or be elected. In almost all of the other countries, save for Nigeria, Egypt, and Argentina, there are no differences in the rights and responsibilities of naturalized citizens and citizens by birth. Responses to the public opinion surveys showed that the United States, Canada, Great Britain, Sweden, the Russian Federation, South Africa, Japan, and Australia held the most positive responses about the country in which they live.

INDEX

Aborigines, 159–60, 170. See also indigenous people adoption, 72n6 Africa, 121–34. See also specific countries AIDS, persons with, 124, 142 Ainu, 148 ancient Athens, 1–2 Arabs: national pride, 109–13, 110, 111–12; as “second class” citizens, 107–8, 169 Argentina, 23–26; citizenship requirements, 24, 168; Constitution, 23–24, 25; dual citizenship, 24, 168–69; government, 23–24; naturalization requirements, 24; population, 23; public opinion on citizenship, 25; religions practiced, 23; rights and obligations of citizens, 25; rights and responsibilities of citizens, 170; rights and responsibilities of naturalized citizens vs. citizens by birth, 25,

171, 174; routes to citizenship, 25; “second class” citizens, 24, 169; ways to lose citizenship, 170 Armenia, 81n2 Asia, 135–54. See also specific countries Athens, ancient, 1–2 Australia, 157–66; Citizenship Act, 158; citizenship requirements, 158, 168; Constitution, 157; dual citizenship, 159; government, 157; national pride, 161–64, 162, 163, 171–72; official language, 157; public opinion on citizenship, 161–64, 174; Racial Discrimination Act, 159; religions practiced, 158; rights and obligations of citizens, 160–61; rights and responsibilities of naturalized citizens vs. citizens by birth, 161, 171; routes to citizenship, 158–59; “second class” citizens, 159–60, 169; ways to lose citizenship, 161, 170 Azerbaijan, 81n2

175

176

Belarus, 81n2 birth, citizenship by, 167, 173. See also specific countries blacks, 129, 170, 173 Brazil, 27–32; citizenship requirements, 27–28, 168; Constitution, 27, 28, 30; dual citizenship, 28, 169; government, 27; naturalization requirements, 28; official language, 27; population, 27; public offices, 171; public opinion on citizenship, 31; rights and obligations of citizens, 30, 170; rights and responsibilities of naturalized citizens vs. citizens by birth, 30–31, 171, 174; routes to citizenship, 27–28; “second class” citizens, 28–30, 169; ways to lose citizenship, 30, 170 Brazilians, in Japan, 147–48, 169 Britain. See Great Britain British subjects, 41n5 Burakumin, 148 Canada, 7–12; citizenship requirements, 8, 168; dual citizenship, 8, 168, 173; government, 7; national pride, 8–12, 10, 11, 12, 171–72; naturalization requirements, 8; official languages, 7; population, 7; public opinion on citizenship, 9–12, 174; religions practiced, 7; rights and obligations of citizens, 9; rights and responsibilities of citizens, 170; rights and responsibilities of naturalized citizens vs. citizens by birth, 9, 171; routes to citizenship, 8; “second class” citizens, 8, 169, 173; ways to lose citizenship, 9, 170 caste system, 138–39, 169 child rights, 48n3. See also specific countries Chile, 168

INDEX

China, 141–44; citizenship requirements, 142, 168; Constitution, 142, 170; dual citizenship, 142, 169; language, 141; population, 141; public opinion on citizenship, 143; religions practiced, 141; rights and obligations of citizens, 142–43; rights and responsibilities of citizens, 170; rights and responsibilities of naturalized citizens vs. citizens by birth, 143, 171; routes to citizenship, 141–42; “second class” citizens, 142, 169, 170; ways to lose citizenship, 143, 170–71 Chinese, in Japan, 147–48, 169 Christians, 101, 138, 169, 170 citizenship, 1; ancient theories of, 1–2; by birth, 146–47, 167, 173; civil component of, 2; conditions for renouncing, 37, 170–71, 173–74; by conferral, 158; by descent, 158; dual, 168, 173; elements of, 2; “good behavior” requirements, 28; “good moral repute” requirements, 28; Marshall’s theory of, 2; by naturalization, 76, 90, 138, 142, 147, 158, 159, 167–68; political component of, 2; public opinion on, 174; by registration, 138; residency requirements, 76, 147, 158–59, 168; rights and responsibilities of, 170, 173; rights and responsibilities of naturalized citizens vs. citizens by birth, 171, 174; routes to, 167; social component of, 2; social responsibility component of, 2–3; ways to lose, 37, 170–71, 173–74. See also specific countries Citizenship and Entry into Israel Law, 107 citizenship tests, 168 civil citizenship, 2

INDEX

Colombia, 168 Commonwealth of Nations, 137, 157. See also specific nations conferral, citizenship by, 158 criminal offenses, 168, 173–74 descent, citizenship by, 9, 128, 158. See also specific countries discrimination. See “second class” citizens diversity, 3 dual citizenship, 168–69, 173. See also specific countries Eastern Europe, 73–95. See also specific countries East Germany: national pride, 54, 55, 56, 57, 57n15; public opinion on citizenship, 54. See also Germany Egypt, 99–104; citizenship requirements, 100, 168; Constitution, 101; dual citizenship, 100–101, 169; government, 99; languages, 99; nationality requirements, 100; official religion, 99; population, 99; public opinion on citizenship, 102; religions practiced, 99; rights and obligations of citizens, 101; rights and responsibilities of naturalized citizens vs. citizens by birth, 102, 171, 174; routes to citizenship, 99–100; “second class” citizens, 101, 170; ways to lose citizenship, 101–2, 170, 171 “Egyptian origin,” 103n7 El Salvador, 168 environmental service, 170 ethnic minorities, 116, 124, 129, 142, 147–49, 159, 169. See also specific countries Europe, 33–72. See also specific countries

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European Commission against Racism and Intolerance (ECRI), 60–61 European Union: “second class” citizens, 60–61 Federal Republic of Argentina. See Argentina Federal Republic of Germany, 51. See also Germany Federative Republic of Brazil. See Brazil Filipinos, in Japan, 147–48, 169 foreign workers, 101 France, 43–49; Constitution, 45; dual citizenship, 44, 168, 173; national pride, 45–48, 46, 47, 172; naturalization requirements, 44; population, 43; public opinion on citizenship, 45–48; religions practiced, 43; rights and obligations of citizens, 45, 170; rights and responsibilities of naturalized citizens vs. citizens by birth, 45, 171; routes to citizenship, 44, 167; “second class” citizens, 44–45, 169; ways to lose citizenship, 45, 170 freedoms associated with citizenship, 170. See also specific countries Georgia, 81n2 German Democratic Republic, 51. See also Germany Germany, 51–57; citizenship requirements, 51–52, 170; dual citizenship, 52, 168; national pride, 53–57, 55, 56, 57n15, 172; naturalization requirements, 52; population, 51; public opinion on citizenship, 53–57; rights and obligations of citizens, 52; rights and responsibilities of naturalized citizens vs. citizens by birth, 53, 171; routes to citizenship, 51–52;

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“second class” citizens, 52; ways to lose citizenship, 53 “good behavior” requirements, 28 “good character” requirements, 128 “good moral repute” requirements, 28 Great Britain, 35–41; citizenship requirements, 35–36; dual citizenship, 36, 168, 173; how citizenship is lost, 37; national pride, 37–40, 38, 39, 172; naturalization requirements, 36; population, 35; public opinion on citizenship, 37–40, 174; rights and obligations of citizens, 37; rights and responsibilities of citizens, 170; rights and responsibilities of naturalized citizens vs. citizens by birth, 37, 171; routes to citizenship, 35–36; “second class” citizens, 36–37, 169; ways to lose citizenship, 170 gypsies, 169. See also Roma Han, 142, 170 HIV/AIDS, persons with, 124, 142, 169 homosexuals, 139 Honduras, 168 Hungary, 89–95; citizenship requirements, 168; Constitution, 89, 91; dual citizenship, 90, 168, 173; government, 89; national pride, 91–94, 92, 93, 172; naturalization requirements, 90; population, 89; public opinion on citizenship, 91–94; religions practiced, 89; rights and obligations of citizens, 91; rights and responsibilities of naturalized citizens vs. citizens by birth, 91, 171; routes to citizenship, 89–90; “second class” citizens, 90, 169; ways to lose citizenship, 91, 170

INDEX

immigrants, 159 India, 137–40; citizenship requirements, 168; Civil Rights Act, 138; Constitution, 139; dual citizenship, 138, 169; government, 137–38; languages spoken, 137; population, 137; public opinion on citizenship, 140; religions practiced, 137; rights and obligations of citizens, 139; rights and responsibilities of naturalized citizens vs. citizens by birth, 139, 171; routes to citizenship, 138; “second class” citizens, 138–39, 169; ways to lose citizenship, 139, 170–71 Indians, in Brazil, 29, 169 indigenous people, 29, 77, 138, 148–49, 159–60, 169, 170 Iran, 115–19; citizenship requirements, 168; Constitution, 116–17; dual citizenship, 116, 171; languages, 115; naturalization requirements, 116; official religion, 115; population, 115; public opinion on citizenship, 117; religions practiced, 115; rights and obligations of citizens, 116–17; rights and responsibilities of citizens, 170; rights and responsibilities of naturalized citizens vs. citizens by birth, 117, 171, 174; routes to citizenship, 115–16; “second class” citizens, 116, 169; voting rights, 117; ways to lose citizenship, 117, 170–71 Israel, 105–14; Citizenship and Entry into Israel Law, 107; citizenship requirements, 106, 168; Compulsory Military Service Law, 108; dual citizenship, 106, 168; government, 105; immigration policy, 107; Law of Return, 105–6, 107, 167; national pride, 109–13, 110, 111–12; naturalization requirements, 106,

INDEX

107; population, 105; public opinion on citizenship, 109–13; rights and obligations of citizens, 108; rights and responsibilities of naturalized citizens vs. citizens by birth, 108, 171; routes to citizenship, 105–6, 167; “second class” citizens, 107–8, 169; ways to lose citizenship, 108, 170 Israeli Arabs: national pride, 109–13, 110, 111–12; as “second class” citizens, 107–8, 169 Italy, 59–65; citizenship requirements, 60, 168; Constitution, 60, 61; dual citizenship, 60, 168, 173; government, 59; national pride, 62, 63, 64, 172; naturalization requirements, 60; population, 59; public opinion on citizenship, 64; rights and obligations of citizens, 61; rights and responsibilities of naturalized citizens vs. citizens by birth, 61, 171; Roma, 61; routes to citizenship, 59–60; “second class” citizens, 60–61, 169; ways to lose citizenship, 61, 170 Japan, 145–54; Ainu Culture Promotion Act, 148–49; Constitution, 145–46, 149; dual citizenship, 147, 169; Family Registration law, 149; government, 146; Korean population, 147, 148; languages, 145; Meiji Constitution, 145; national pride, 150, 151, 152, 171–72; naturalization requirements, 147–49; official language, 145; population, 145; public opinion on citizenship, 150, 174; religions practiced, 145; rights and obligations of citizens, 149; rights and responsibilities of citizens, 170; rights and

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responsibilities of naturalized citizens vs. citizens by birth, 149, 171; routes to citizenship, 146–47; “second class” citizens, 147–49, 169; ways to lose citizenship, 149, 170–71 Jews: national pride, 109–13, 110, 111– 12; as “second class” citizens, 52, 77, 90, 101, 170 jury service, 170 jus sanguinis, 59–60 Kazakhstan, 81n2 Kingdom of Sweden. See Sweden Koreans, in Japan, 147, 148, 169 Kyrgyzstan, 81n2 Latin rights, 1 Latvia, 81n2 Law of Return (Israel), 105–6, 107, 167 legitimation, 146 Lithuania, 81n2 lower castes, 138–39, 169 Marshall, T. H., 2 Meiji Constitution, 145 “metics,” 2 Middle East. See specific countries military service, 170, 173. See also specific countries minorities, 3, 142, 169. See also individual peoples; specific countries Moldova, 81n2 Muslims, 36–37, 138, 169 nationality, 100. See also specific countries national pride, 171. See also specific countries Native Americans, 170, 173 native groups, 148 naturalization: citizenship by, 138, 142, 147, 158, 159, 167–68; criteria for, 76; “good character” requirements,

180

128; residency requirements, 76, 147; rights and responsibilities after, 171, 174. See also specific countries New Conservatives, 2–3 Nicaragua, 168 Nigeria, 123–27; citizenship requirements, 124, 168; Constitution, 123, 125; dual citizenship, 124, 168; native languages, 123; naturalization, 124; official language, 123; population, 123; public opinion on citizenship, 125, 126; rights and obligations of citizens, 125; rights and responsibilities of citizens, 170; rights and responsibilities of naturalized citizens vs. citizens by birth, 125, 171, 174; routes to citizenship, 124; “second class” citizens, 124, 169; ways to lose citizenship, 125, 170 North America, 5–19. See also specific countries Norway, 168 Oceania. See specific countries Opera Nomadi, 60 Palestinian Arabs, 107 Panama, 168 Poland, 83–88; Constitution, 83, 84, 85; dual citizenship, 84, 168; government, 83; national pride, 85, 86, 87, 172; naturalization requirements, 84; population, 83; public opinion on citizenship, 85–88; rights and obligations of citizens, 84; rights and responsibilities of citizens, 170; rights and responsibilities of naturalized citizens vs. citizens by birth, 85, 171; routes to citizenship, 84; “second class” citizens, 84, 169; ways to lose citizenship, 85, 170

INDEX

political citizenship, 2 pride, national, 171. See also specific countries prison time, 168, 170 public opinion on citizenship, 174. See also specific countries Racial Discrimination Act (Australia), 159 racial minorities, 129, 169. See also specific countries registration, 138 religious minorities, 116, 169. See also specific countries Republic of China. See China Republic of France. See France Republic of Hungary. See Hungary residency requirements, 76, 158–59 rights of children, 48n3. See also specific countries rights of minorities, 3. See also specific countries Roma, 60–61, 77, 90 Russia, 75–82, 81n2; Constitution, 75, 76, 78; dual citizenship, 76–77; government, 75–76; national pride, 78–81, 79, 80; naturalization requirements, 76; official language, 75; population, 75; public opinion on citizenship, 78–81; religions practiced, 75; rights and obligations of citizens, 78; rights and responsibilities of naturalized citizens vs. citizens by birth, 78; routes to citizenship, 76; “second class” citizens, 77, 169; ways to lose citizenship, 77 Russian Federation, 73–95; citizenship requirements, 168; Constitution, 77; dual citizenship, 168; independence, 75; national pride, 172; public opinion on citizenship, 174; rights and responsibilities of naturalized

INDEX

citizens vs. citizens by birth, 171; “second class” citizens, 169; ways to lose citizenship, 170. See also specific states “second class” citizens, 169, 173; Aborigines, 159–60, 170; Ainu, 148; Arabs, 107–8, 169; blacks, 129, 170, 173; Brazilians in Japan, 147–48, 169; Burakumin, 148; Chinese in Japan, 147–48, 169; Christians, 101, 138, 169, 170; ethnic minorities, 116, 124, 129, 142, 147–49, 159, 169; Filipinos in Japan, 147–48, 169; foreign workers, 101; Han, 170; HIV/AIDS patients, 124, 142, 169; homosexuals, 139; immigrants, 159; Indians in Brazil, 29, 169; indigenous people, 170; indigenous populations, 29, 77, 138, 148–49, 159–60, 169; Jews, 52, 77, 90, 101, 170; Koreans in Japan, 147, 148, 169; lower castes, 138–39, 169; minorities, 142, 169; Muslims, 36–37, 138, 169; Native Americans, 170, 173; native groups, 148; persons with HIV/AIDS, 122, 142, 169; racial minorities, 129, 169; religious minorities, 116, 169; Roma, 60–61, 77, 90, 169; women, 116, 117, 169. See also specific countries Shintoism, 145 social citizenship, 2 social responsibility, 2–3 South Africa, 127–34; Citizenship Act, 130; Citizenship Amendment Act, 130; Constitution, 127, 129; dual citizenship, 129, 168; national pride, 130–33, 131, 132, 171, 172; naturalization requirements, 128; official languages, 127–28; population, 127; public opinion

181

on citizenship, 130–33, 174; religions practiced, 128; rights and obligations of citizens, 129; rights and responsibilities of naturalized citizens vs. citizens by birth, 130, 171; routes to citizenship, 128; “second class” citizens, 129, 169; ways to lose citizenship, 129–30, 170 South America, 21–32. See also specific countries Spain, 168 “special merits,” 76 Sweden, 67–72; Citizenship Act, 72n5, 72n6; citizenship requirements, 67–68; Constitution, 67; dual citizenship, 68, 168, 173; government, 67; Migration Board, 72n7; national pride, 69–72, 70, 71, 172; naturalization requirements, 68; population, 67; public opinion on citizenship, 69–72, 174; rights and obligations of citizens, 68; rights and responsibilities of citizens, 170; rights and responsibilities of naturalized citizens vs. citizens by birth, 69, 171; routes to citizenship, 67–68, 72nn5–7; “second class” citizens, 68, 169, 173; ways to lose citizenship, 68–69, 170 Tajikistan, 81n2 treason, 170, 173 Turkmenistan, 81n2 Ukraine, 81n2 United States, 13–19; citizenship requirements, 14; Constitution, 13, 14, 15–16; dual citizenship, 14, 168, 173; government, 13; loss of citizenship, 15; national pride, 16, 17, 18, 171–72; naturalization

182

requirements, 14; official language, 14; population, 13; public opinion on citizenship, 16, 174; religions practiced, 14; rights and obligations of citizens, 15; rights and responsibilities of citizens, 170; rights and responsibilities of naturalized citizens vs. citizens by birth, 15–16, 171, 174; routes to citizenship, 14, 167–68, 173; “second class” citizens, 15, 169, 170,

INDEX

173; ways to lose citizenship, 170. See also specific states untouchability, 138 Uzbekistan, 81n2 voting requirements, 161, 170 West Germany: national pride, 54, 55, 56, 57, 57n15; public opinion on citizenship, 54. See also Germany women, 116, 117, 169

ABOUT THE AUTHORS

Rita J. Simon is a University Professor in the School of Public Affairs and the Washington College of Law at American University. Alison Brooks is a graduate student in the School of Public Affairs at American University.

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