Approach to Citizenship in Australia.

Concepts

The notions of citizenship are uniquely rooted in Western intellectual and political tradition with quite sophisticated forms in the Greek city-states 2500 years ago. It has emerged only recently in India, China and Islamic worlds.

Aristotle in the 4^th Century BC wrote of the ideal form of political community was the city-state made up of a union of villages and families, the population of which was to be small enough so that each would be able to "know each other’s characters". Note that equality was not necessary, as not all would qualify as citizens. This status was restricted to only those "who share the civic life of ruling and being ruled in turn" and "who possess the knowledge and the capacity to do so". In fact citizenship would be hereditary and restricted to male property owners. It was accepted as natural that slaves and women could be subjugated who would together with foreigners, peasants and men who work for a living, would be excluded from citizenship and any share of the political power.

Therefore citizenship implies a privileged status shared only by equals in that society. It also is accompanied by a set of rules or guidelines designed to differentiate persons included or not. The outcome is that non-citizens are excluded from participation or sharing in power.

The Roman Empire adapted and spread throughout its Empire the Greek idea of citizenship. It became more flexible and inclusive. Citizenship granted to conquered enemies enhanced their status and secured loyalty to the Empire. A dual citizenship was introduced so a citizen could remain part of their own city-state and also Imperial Rome. It was no longer a hereditary, ethnic or social group qualification. Services to the state could secure the recognition of citizenship. And it did not require sole or exclusive identification and loyalty to a single community.

With reintegration after the Dark Ages there was re-emergence of the notions of citizenship in European merchant towns and cities. Increasingly prosperous inhabitants sought to proclaim and secure their own sovereignty, defining themselves as political associations of free and equal citizens. "Citizen" is closely related to "city", as in French "citoyen", in Spanish "ciudadano", in German "Burgher".

The Magna Carta was a significant step recognising the state was greater than the sovereign. The authority of hereditary monarchies and their feudal hierarchies were challenged over the centuries, strengthening the concept of citizenship…. To being a self-governing political community, vested in an elected parliament, rather than an emperor or monarch. Forms of status distinction were replaced by the egalitarian concept of citizenship, shared by all members of the nation, a centrepiece in the French and American Republics. But note in each of these republics there was still a restriction of participation to those individuals with a significant economic stake in the maintenance of political stability. Eg France with a population of 30 million had only 90,000 voters and England with a population of 20 million had 400,000 male voters. Apart from age, non-ownership of property, gender and religious belief were excluding elements. By 1914 only Australia, New Zealand and Norway had universal suffrage.

T.H.Marshall (1950), a British sociologist, distilled the following signifying “full membership” in the community:

It is only an assumption that all who are citizens will: Participate in a common culture. Have a strong sense of commitment and loyalty.

Often in emerging nation states in the 20^th century component communities were extremely diverse in their ethnic, religious, cultural and linguistic bases. For many citizenship has been grafted on to a pre-existing group identity that may remain pre-eminent. In England Catholics could only vote from 1829 and Jews from 1858. The US Constitution addressed only free white persons, excluding Negroes. Australian Aboriginals were regarded as fauna until 1972. Understandings of national community are interpreted in culturally specific terms and excluded until language use, dress and manners absorb the “common culture”. It is not synonymous with nationality.

European Settlement forcefully swept aside the aboriginal structures, within the legal assumption that the British Crown had unquestioned political and moral authority over the entire continent. In the 1830’s the transportation of convicts to the penal colony developed into the encouragement of free settlers under colonial administrations loyal to the Crown … almost all from Great Britain and Ireland. The gold rushes attracted a large inflow, but for the first time a substantial number came from other countries. Many subsequently left but there was a continuing presence but with a very slow growth in the number from non- British birthplaces.

Full membership identifying with the common culture to make up the particular character of the "Australian nation" was closely associated with the dominant group … "British" and "protestant". The public rhetoric increasingly emphasised the desirability of assimilating those of this "majority culture". These assumptions were directed at those of non-British origins, aboriginals and to some extent Irish Catholic settlers.

The largest non-British group was the Chinese attracted to Australia by the gold rushes of the 1850’s. The racial distinction fuelled hostility such that by 1896 inter-colonial conferences agreed legislation restricting the entry of non-Europeans, except for SA and Queensland.

A consultative process saw the six colonies of Australia fuse into the Commonwealth in 1901. It was a bloodless process throwing off colonial rule relative to wars and revolutions normally associated with the establishment of many new nations. It left the Commonwealth with little impetus to throw off its British identity, heritage or institutional links.

The constitution reserved the power to the Commonwealth for immigration matters and the process by which overseas born residents become Australian nationals. The necessity to draft into the constitution a definition of citizenship was not even considered necessary. It referred to "people of the Commonwealth", "subjects of the Queen" and "aliens".

Entering the 20^th century Australia was 98% British. The first 1901 census of 3.8 million showed 77% born in Australia and 90% were of British or Irish descent. Its institutions were British, its flags incorporated the Union Jack, the honours systems and citizenship was British. There was a policy of excluding entry to non-Europeans enshrined in the Immigration restriction Act 1901.

In the first half of the 20^th century there was a positive and unwavering commitment to British symbols and institutions always assumed to be the widely shared norm and central to Australia’s developing "civic culture". School curricula, public ceremonial occasions, parallel links to British Institutions (political, educational, cultural, economic) assured this. All political parties adopted a "White Australia Policy" stance.

The Commonwealth did not encourage non- British immigration. Unable to overtly discriminate in legislation racially "undesirable" British colonial subjects such as those of India, Ceylon and Fiji were excluded by a discretionary power …the notorious "dictation test" of 50 words in any European (or prescribed) language administered by immigration officers. Parliament passed the Pacific Island Labourers Act prohibiting after 1904 the importation of indentured "kanakas" and ordering repatriation of all by 1907.

The juxtaposition of "alien" and "British subject" reveals much of the cultural assumptions of the time. Aliens are a category of persons present in Australia but clearly not part of the community. Alien = "belonging to another."

Lyng (1935) wrote concerning Non-Britishers in Australia:

Non European (coloured) Asian residents in Australia actually declined from 1 in 100 at 3.8 million at 1901 to 1 in 500 at 7.6 million by 1947. All these statistics excluded aboriginals.

The dictation test even excluded some southern Europeans who were regarded by many Australians as not quite white. The USA in 1921 started restricting their entry to prevent a landslide. In Australia discriminatory restrictions were also introduced limiting entry by Maltese, Italians, Greeks, Yugoslavians and Albanians.

In 1930 Australia moved to a policy of aliens requiring sponsorship by their immediate family already in Australia. A landing permit or visa had to be obtained prior to their leaving for Australia. Australian entry policy was predicated on the prospective immigrants colour. Citizens of Eire and South Africa were regarded as British while Cypriots were processed as aliens.

In contrast, British immigration was not restricted. It was constantly encouraged and even financially subsidised by the £10 passages. It was not until 1947 that the first alien was financially assisted. But by this time 90% of the population was of Anglo-Celtic ancestry.

The colonies applied British law tent of Jus Soli where a person born in Britain or one of its colonies was automatically a British subject. Natural born British subjects. Each colony had a policy process regarding aliens acquiring such status by naturalisation. In principle this was offered when after a period of residence the alien could be assumed assimilated successfully into the community…… incorporating into their psyche the cultural norms and values of the Anglo-Celtic majority.

Some types of resident were considered "unassimilable". Aborigines and Torres Strait Islanders were ironically excluded from jus soli and racially distinctive foreigners such as Asians and Pacific islanders.

Sir Henry Parkes in 1888 said that no race should be admitted to Australia that we are not prepared to advance all our franchises, to all our privileges as citizens, and to all our social rights including the right of marriage. The White Australia Policy after federation in 1901 was consistent with this. Even permanent residents were denied naturalisation.

Most Australian states made "full aboriginals" wards of the state and thereby excluded from British subject status. They could apply for naturalisation and on the same basis as any overseas born person. They had to demonstrate that they had successfully assimilated into the mainstream white society. After some reform movements, laws were amended (Nationality Act 1920) such that those born after 1920 would be natural born British subjects.

Even naturalised European origin and descent citizens, even those born in Australia, were subject to official bias during the first and second world wars. Those of German and Italian descent were interned as enemy aliens.

The Nationality Act 1920 was passed in response to the desire of the British Government to establish a common code for consistent laws throughout the British Empire for naturalisation of alien persons.

A digression was made in an Australian amendment in the mid 1930’s in response to the feminist movement. Under the common code a female could lose her British subject status upon marriage to an alien, a female could gain it upon marriage to a British male. An amendment was made that a female would not lose her British subject status, but only while she was resident in Australia.

The Labor government led by Prime Minister Chifley and with Arthur Calwell as its first Immigration Minister in 1945 outlined an immigration plan for an annual intake of 70,000.

23,000 Free and Unassisted British immigrants, by arrangement with the British government arrived in 1947.

In July 1947 Calwell signed an Agreement for Australia with the UN International Refugee Council to take displaced persons from refugee camps in Germany. By 1952 180,000 European refugees arrived from Lithuania, Estonia, Poland, Hungary, Ukraine, Czechoslovakia and Yugoslavia.

This unprecedented wave of immigration had a major social impact.

This was spurred not by the above but by the Canadian initiative of defining in legislation its own citizens and the UK Parliament recognising Commonwealth citizens as remaining British subjects. Enacted to commence on Australia Day 1949 the National and Citizenship Act 1948 created a distinct status of Australian citizen while retaining the status of British subject.

Automatically Australia citizens and becoming/retaining status of British subject: All Australian-born. Other British subjects resident in Australia for a period of 5 years prior to 26 January 1949. Any person born in Australia after 26 January 1949. British subjects born overseas prior to 26 January 1949 to Australian fathers, became citizens if they entered Australia as permanent residents. 

Mechanisms were spelt out for permanent residents to apply for Australian citizenship and for the Dept of Immigration to regulate admission of aliens. The perspective of the officers of the Department leaned towards the notion of the “common culture”, not on equality of rights. Calwell had articulated assumptions in a Departmental booklet, which would give the alien “an outline of our historical and cultural background, our social structure and mode of government, an appreciation for our way of life, and what Australia stands for as a nation.” It established British ethnicity and culture.

British and Irish citizens were required simply to register for citizenship, after as little as 12 months residency with power to permit shorter periods on application.

Aliens had to apply for naturalisation and further, had to take an Oath or Affirmation of Allegiance.  It also required four years residency during the eight years preceding application, of which the immediate year before must be continuous residence. There was no power to permit shorter periods.

Other aspects: British subjects and Irish automatically acquired the right to vote (restricted to citizens) in Australian elections immediately on arrival, up to 1984. Aliens were not permitted to enter some professions whereas British subjects were. Some states forbade “foreigners” to hold a liquor licence, be a ship’s master/mate, to carry on mining or pearling. In Queensland, prior to 1963, an alien was required to have written permission of the Attorney General before holding real property.  

The basic tenets of the White Australia Policy remained firmly intact with resident non-Europeans ineligible (Chinese) to even apply for citizenship until 1956. Then it required 15 years residency.

Although cracks in the broad based support for the Policy emerged in the 1960’s it was still understood in strongly Anglo-Celtic terms with evidence of assimilation expected. Arrivals with non-British backgrounds were required to shed their “foreignness” and become “Australians” as soon as possible.  

Two government initiatives in 1950 in this area were:

These were to promote goodwill and cooperation between groups and to foster appreciation of expectations with which “New Australians” were to conform. The usefulness of them was hampered by the establishment, reluctantly including aliens in proceedings and then only as exhibitions and not consultants. By the 1970’s these had become increasingly irrelevant and a review in 1978 saw the end of Commonwealth funding. The new vision was of a multi-cultural society with the previously favoured Anglo-Celts treated equally with other ethnic groups.

Broadening Access to Australian Citizenship

Indigenous Australians

Although aborigines and Torres Strait Islanders were granted citizenship automatically in 1949, they did not gain the rights attendant. Only in 1962 was there removal of qualifications on their right to vote. And not until 1984 was it made compulsory to vote. And there was a referendum in 1967 that altered their status. Ironically about this time, with the success of the aboriginal movement, indigenous groups moved further towards “notions of special identity” with land claims and cultural recognition … signifying a desire to be different and not surrender their indigenous identity to citizenship.

Changing Social Realities meant Changing Models of Settlement and Inclusion

Official policies of changed:

“assimilation” changed to

“integration” changed to

“Multiculturalism” of the 1980’s (again under a Labor government).

The White Australia Policy was abandoned in 1973 (again under a Labor government) from 1973. There was a shift to an immigration policy of non-discrimination on the basis of race, colour or nationality. The differentiation of the resident population in terms of “British Subject”, “aliens” and “new Australians” became inappropriate and replaced in the 1980’s with “Australian citizen” and “permanent resident”.

Increasingly the annual immigration intake comes from Asia and the Middle East.

In 1991 the population was 17 million with 22.3% born overseas about a third of which were born in the UK or Ireland, 30% elsewhere in Europe and 18% in Asia.

Multiculturalism is acknowledged officially and it is recognised that the immigrants desire to maintain significant elements of tradition, culture and language reflecting their background and ancestry and to sustain these with ethnically based organisations and institutions. Legislation has consistently been amended to encourage a broader basis of inclusion, particularly terminology reminiscent of preferment of British subjects.

In 1988 there was concern that 1 million eligible immigrants had not taken up Australian citizenship. The government rejected the recommendation that access to certain privileges such as social services that are available to permanent residents be limited in future to Australian citizens. The decision to become an Australian citizen should be a free choice, reflecting a positive commitment to Australia. 1989 was designated the Year of Citizenship and there was a 45% increase that year.

1954 Boyer said at a naturalisation ceremony in Canberra:

"I want to say to you that in accepting this new loyalty you do not have to forget your origin. Indeed, all decent people rightly despise the person who is ashamed of his family – of his mother and father—or of the country that gave him birth. So I say to you that in becoming Australians you should never lose the warm spot in your heart for the land of your origin and the people of your past. They are a part of your history … Please do not think that you cannot have a number of loyalties. Indeed it is true to say that people who have only one loyalty are a nuisance to themselves and to everyone else. A man who has no feeling of charity for anyone outside his own family is a bad citizen."

Selected Statements as reference viewpoints:

Citizenship Policy

Australian citizenship reflects the notion of a diverse yet inclusive society. The current policy seeks to encourage all immigrant settlers to take out Australian citizenship as soon as qualified.

The 1993 amendments operating from January 1994 sought to give proper recognition to the significance of Australian citizenship as a common bond that unites all Australians. A new preamble was inserted into the Australian Citizenship Act introducing a new pledge of commitment.

RECOGNISING THAT: Australian citizenship represents formal membership of the community of the Commonwealth of Australia; and Australian citizenship is a common bond, involving reciprocal rights and obligations, uniting all Australians, while respecting their diversity; and Persons granted Australian citizenship enjoy these rights and undertake to accept these obligations: by pledging loyalty to Australia and its people, and, by sharing their democratic beliefs, and by respecting their rights and liberties, and by upholding and obeying the laws of Australia.

Pledge made as a commitment as a citizen of the Commonwealth of Australia:

From this time forward, under god,*                       *Pledge can be made without this

I pledge my loyalty to Australia and its people,

Whose democratic beliefs I share,

Whose rights and liberties I respect, and

Whose laws I will uphold and obey.

For persons born overseas the present requisite qualification for a grant of Australian Citizenship is a total of 2years residence out of the previous 5 years as a permanent resident, including at least 12 months in the immediate two years.

Also:

 Exemptions:

Basic knowledge of English is not tested formally but is interpreted as the ability to speak and understand sufficient to be able to work, obtain the necessities of life and to understand the responsibilities of citizenship. Officers of the Immigration Department or postmasters in local areas ascertain the knowledge and language qualification.

Rights and entitlements available only to Australian citizens

Rights and Entitlements of Non-Citizens

Citizenship is almost a universal phenomenon in the 170 or so states throughout the world. There are 3 basic categories:

1. Differential Exclusion Model

2. Assimilationist Model

3. Pluralist Model

Dual Or Multiple Citizenship

It was conceivable that an individual could only owe allegiance and loyalty to one state. In 1930 the Haque convention affirmed dual nationality as undesirable. However since 1937 14 signatories to the Haque Convention now permit this.

In the contemporary world the practical necessity for loyalty was during wartime. However if citizenship is viewed as something beyond allegiance and as membership of community and participation in the life of the community, then citizenship can be in more than one country without it being diminished.

If a naturalisation ceremony requires denouncement of loyalty to a previous homeland, laws of the previous homeland may mean that their citizenship is not cancelled. Greek and British nationals are in this position. Australia does not require such persons to relinquish their former citizenships to take up Australian citizenship. But an Australian may forfeit existing Australian citizenship if another citizenship is deliberately sought, save by operation of another country’s laws by descent or marriage.

There may be 3 million people in Australia who hold more than one citizenship.

When a dual national returns to their other homeland they may become subject to laws which mean they are denied access to advice from the Australian diplomatic protection owing to International Treaties or Agreements that may be in place.

Forthcoming Changes to the Citizenship legislation

The Australian Citizenship Bill 2005 has been introduced into parliament is expected to become law without a great deal of amendment, and awaits further consideration there. The Minister Cobb introducing the bill into parliament reflected on the backdrop as to how much change there had been:

“Australia today is vastly different from what it was when the Nationality and Citizenship Bill 1948 was introduced to the parliament.

In 1948 the population of Australia was around 7.8 million. For the hundreds of thousands of post-World War II European migrants making their way to a new future, the journey to Australia took many weeks. Travel was expensive and many migrants were unable to return to their country of birth for years, and some not at all.

What a contrast with today: a population of over 20 million, travel to Australia from Europe taking less than 24 hours and the cost of overseas travel within the reach of most people.”

Further:

“Citizenship is readily available to those who make their home here and who are prepared to commit to our common future. More than 3.5 million people have chosen to become fully participating members of our community. As Australia has matured, the inclusive and non-discriminatory approach which has developed has seen citizenship become a powerful force in the creation of a united and cohesive society”.

A broadly relevant change proposed:

“….the residential qualifying period of not less than two years in Australia in the previous five years is being extended to three years. There will be no change to the requirement to have spent one year in Australia in the two years immediately prior to making the application.

The increase in the residential qualifying period will allow more time for new arrivals to become familiar with the Australian way of life and the values to which they will need to commit as citizens. It will also strengthen the integrity of the citizenship process by giving more time for the identification of people who may represent a risk to Australia’s security.”

Some may want to consider the removal of the 25 year old age limit on claiming citizenship by descent. While some in the 50 to 60 years old age bracket may need to appreciate that there may be no continued relaxation of the requirement to speak English in that age bracket. 

It is truly a multicultural society. Australia has followed through on this conscious choice. All cultures can blend, retaining their own individuality and expressing themselves, enriching the community enormously, a celebration of diversity for the future. It contrasts to polarising bi-culture approaches of other countries.

To give you some idea of the momentum of this multicultural development:

Over 100,000 annually enter Australia to settle, and annually 86,000 of those already settled take up citizenship.

The emphasis in migration policy and the manner in which it is administered results in a concentration on skilled/business migration and a limited family reunion stream accompanies this. These have resulted in a very positive impact on the Gross National Product of the Australian economy for those in Australia already and for newcomers. The Immigration portfolio of government integrates its strategies and actions with the Employment, Education and Trade portfolios. In addition Australia has a Humanitarian Stream to more than meet its share of the obligations of the international community. 

Within this framework, Australia welcomes all.

Regarding Migration Population & Productivity you may care to refer to a recent Australian Productivity Commission Report. May 2006.

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Last modified: 04/19/08