Political rights are rights that guarantee participation, directly and through freely chosen representatives, in the affairs of government (mainly legislation). These rights are legitimately reserved for citizens only. A state should guarantee the freedom rights of all persons within its territory, irrespective of their nationality or citizenship, so including the citizens (those people having acquired the nationality of the state by birth, naturalization etc.), immigrants, refugees, stateless people, visitors, tourists etc.
However, political rights may be excluded from this rule because otherwise these rights would become unworkable. This means that people only have political rights in the state of which they are citizens. This in no way limits the universality of political rights. Everybody has political rights, but not everywhere. Furthermore, it must be possible to grant citizenship and the political rights connected to it in a selective way, so as not to empty the meaning of the restriction of political rights to citizens. And this is also what happens in reality. I think there are four good reasons for doing so:
- A definition of citizenship purely based on the physical presence within a territory would be too vague. People would enter and leave the community of citizens all of the time and this would create permanent modifications in the image and identity of the political unity (or the political community). This would endanger the stability and the permanence of the state and would allow passing residents to use political rights in order to shape the future of people with whom they have nothing in common. It would therefore be contrary to the democratic ideal of self-control and self-government, an ideal which is the basis of political rights and which I believe to be universally accepted (even tyrannies justify many of their actions on the self-determination of their peoples).
- Political rights and citizenship cannot be exercised effectively if the people do not speak a common language (not necessarily their native language). There is no persuasion without mutual understanding and there is no common will without persuasion. On top of that, the effective use of political rights requires that the participants in political life know the political system and the political culture in which they participate. There is even a case to be made for knowledge of general cultural customs as a requirement for granting political rights. All these conditions for the effective use of political rights and hence for citizenship and nationality, seem to imply a further condition, namely a certain stability of residence. It is therefore normal to decide a request for naturalization on the basis of these conditions. However, these conditions do not imply the rejection of multiculturalism. The common language does not have to be the native language and it is possible, in many cases, to know and practice other political and cultural customs without denying your own customs.
- Non-citizens usually do not pay taxes. As political decisions often deal with the way in which tax-money should be spent, it seems fair to exclude those who do not contribute to that sum of money. Why should you be allowed to decide what is done with someone else’s money? Let alone spend it for your own purposes?
- If a country allows too many people to become its citizens, it can endanger its economic prosperity, especially when the majority of these people are poor and unskilled. This is not egoism. Economic ruin does not help anybody.
Because everybody is not always or cannot always be in his or her own state, and because political rights embody very important human values such as self-government – which means the values of non-citizens as well – we should try to limit the conditions for the enjoyment of these rights by non-citizens to what is absolutely necessary. Foreigners who know the language, the political system and the general culture, who pay taxes and who have lived a certain time in the country should be allowed to enjoy political rights, even when they are not yet citizens in the sense of having acquired the nationality of the country. Not doing so would be discrimination, would lead to frustration and resentment, and would lead to the very problems the first point mentioned above is framed to avoid.
Only freedom rights are universal and come with no strings attached. Citizens and non-citizens alike should have freedom rights everywhere. Freedom rights are the rights of everybody in all places. Political rights are to some extent national rights or rights of citizens only. This does not contradict the principle of the universality of human rights because everybody is a citizen somewhere. Or better, everybody has a right to be a citizen of his or her own state and has a right to be a citizen of a state which protects all the rights of its citizens. Article 15 of the Universal Declaration of Human Rights states:
1. Everyone has the right to a nationality. 2. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.