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In and out from the European margins: reshuffling mobilities and legal statuses of Romani minorities between the Post-Yugoslav space and the European Union

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Abstract

This paper traces the mobilities of Romani minorities between the ‘old’ EU Member States and the non-EU Post-Yugoslav space. It unravels how the mobilities of Romani individuals, who are Non-EU Post-Yugoslav citizens, were different from the mobilities of Roma coming from other post-socialist spaces, now EU Member States. Instead of focusing on motivations for mobility of Romani individuals as some previous work has done, this paper investigates the treatment of these mobilities by different states and the legal statuses these states ascribe to those labelled as Romani migrants. By using the combination historical and sociolegal analysis, this paper diachronically examines the precarious migrant statuses of Post-Yugoslav Romani minorities in the old EU, such as Yugoslav labour migrants, Post-Yugoslav forced migrants and subsequently the ‘bogus’ asylum seekers. The paper points to the interconnectedness of these statuses, but also to their interminable liminality: they are constantly on the verge of being rendered ‘illegal’ and are hence subject to deportability. I claim that while their legal statuses are being reshuffled, their liminality and interconnectedness also contribute to circular mobilities between the Post-Yugoslav space and the EU. I investigate how these mobilities are not only socially produced, but are also legally and politically conditioned by the hierarchical relationship between the Post-Yugoslav space and the EU. As a side effect of this relationship, Roma are positioned as a racialized minority, treated only as temporary migrants in their ‘host country’ and without prospects of inclusion in their ‘country of origin’ as minority citizens.

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Drawing on qualitative interviews in six Roma communities from Transylvania (Romania), the paper examines women's histories of migration. It explores how gender norms and expectations intersect migration and what the perceived benefits and costs associated with mobility may be. Women's personal meanings of migration vary, from ensuring social mobility at home, to family survival. My research indicates that Roma women's migration is highly dependent on the ‘gender regime’ in their home communities. Whilst migration does not necessarily raise contestations of motherhood, migrants need to expend considerable effort to ensure a sense of respectability. The paper supports the argument that Roma women's migration is highly dependent on the ‘gender regimes’ in their home communities. Lastly, it calls for more refined policy interventions that consider the various ‘subgroups’ of women within Roma communities.
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This article examines the effects of an uncertain legal status on the lives of immigrants, situating their experiences within frameworks of citizenship/ belonging and segmented assimilation, and using Victor Turner's concept of liminality and Susan Coutin's "legal nonexistence." It questions black - and - white conceptualizations of documented and undocumented immigration by exposing the gray area of "liminal legality" and examines how this in - between status affects the individual's social networks and family, the place of the church in immigrants' lives, and the broader domain of artistic expression. Empirically, it draws on ethnographic fieldwork conducted among Salvadoran and Guatemalan immigrants in San Francisco, Los Angeles, Washington, D. C., and Phoenix from 1989 to 2001. The article lends support to arguments about the continued centrality of the nation - state in the lives of immigrants.
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This research examines how the internal social dynamics of Roma communities at home shape their propensity to migrate. It is theoretically grounded in the literature on social capital and focuses on two core concepts: ‘migration-rich’ and ‘migration-poor’ communities. The research is based on in-depth interviews and informal discussions with Roma from six (mainly rural) communities of Transylvania (Romania) and includes qualitative data gathered from migrants as well as from people who did not migrate. The findings challenge existing conceptualizations of Roma migration as either explained by poverty alone or by cultural arguments (such as nomadism). This paper indicates that even in the context of severe poverty, social networks are actually decisive for migration. It demonstrates that the patterns of migration tend to be community-specific and shaped by a locally shared culture (ethos) on migration. The research suggests policy choices according to the community profile and its internal dynamics.
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This paper analyzes the institutionalized production of precarious migration status in Canada. Building on recent work on the legal production of illegality and non-dichotomous approaches to migratory status, we review Canadian immigration and refugee policy, and analyze pathways to loss of migratory status and the implications of less than full status for access to social services. In Canada, policies provide various avenues of authorized entry, but some entrants lose work and/or residence authorization and end up with variable forms of less-than-full immigration status. We argue that binary conceptions of migration status (legal/illegal) do not reflect this context, and advocate the use of ‘precarious status’ to capture variable forms of irregular status and illegality, including documented illegality. We find that elements of Canadian policy routinely generate pathways to multiple forms of precarious status, which is accompanied by precarious access to public services. Our analysis of the production of precarious status in Canada is consistent with approaches that frame citizenship and illegality as historically produced and changeable. Considering variable pathways to and forms of precarious status supports theorizing citizenship and illegality as having blurred rather than bright boundaries. Identifying differences between Canada and the US challenges binary and tripartite models of illegality, and supports conducting contextually specific and comparative work.
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Although the persons of Roma ethnicity who were deprived of the Czech citizenship upon the split of the Czech and Slovak Federation by controversial law No. 40/1993 were not in the end left stateless, the Commission can be reproached for not using the influential position it enjoyed in the course of the pre-accession process preceding the fifth enlargement of the European Union (1 May 2004) in order to insist that the Czech Republic alter its ethnically-biased citizenship policy. Although some steps in this direction were taken by the Commission, they fell short of addressing the whole range of discriminatory provisions of this Czech legislation preventing the former Czecho-Slovak citizens of Roma ethnicity from becoming citizens of the Czech Republic. In Addition to the overall ineffectiveness of its pre-accession promotion of equal access to Czech citizenship of all permanent residents of the Czech Republic their ethnic origin notwithstanding, the Commission made a controversial decision to treat the exclusion from citizenship which was de facto based on ethnicity as a ‘civil and political’ rights issue, rather than a minority rights issue. This dubious decision, allowed the Commission to distinguish its pre-accession involvement in the reforms in the Czech Republic on the one hand, and in Latvia and Estonia on the other, where the exclusion of ethnic minorities from the access to citizenship was regarded as a key issue pertaining to the protection of minority rights. The ill-articulated position of the Commission is due, this paper suggests, mainly to the limitations on the EU’s involvement in the Member States’ citizenship domain and de facto comes down to the application of different pre-accession standards to different minority groups in the candidate countries. To ensure genuine protection of ethnic minorities in the Member States-to-be, the EU has to alter its approach to the issues of ethnicity-based exclusion from citizenship in the course of the future expansions of the Union.
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This interdisciplinary collection addresses the position of minorities in democratic societies, with a particular focus on minority rights and recognition. For the first time, it brings together leading international authorities on ethnicity, nationalism and minority rights from both social and political theory, with the specific aim of fostering further debate between the disciplines. In their introduction, the editors explore the ways in which politics and sociology can complement each other in unravelling the many contradictory aspects of complex phenomena. Topics addressed include the constructed nature of ethnicity, its relation to class and to 'new racism', different forms of nationalism, self determination and indigenous politics, the politics of recognition versus the politics of redistribution, and the re-emergence of cosmopolitanism. This book is essential reading for all those involved in the study of ethnicity, nationalism and minority rights.
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In this fully updated edition with a new foreword by Andre Liebich, David M. Crowe provides an overview of the life, history, and culture of the Gypsies, or Roma, from their entrance into the region in the Middle Ages up until the present, drawing from previously untapped East European, Russian, and traditional sources.
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This article discusses the position and agency of Romani migrants. It argues that different states often irregularize the status of Romani migrants even in cases where it should be regularized due to their de jure citizenship. This irregularization is possible because of their position as semi-citizens in their ‘states of origin’. Yet, Romani migrants are not mere passive observers of these practices, but react to their irregularized migrant statuses. In doing so, they redefine their national and European citizenships. This article centres around two case studies to analyse the position and agency of Romani migrants The first is Roma with European Union (EU) citizenship and the second is post-Yugoslav Roma without EU citizenship.
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The situation of Roma in Europe is the subject of prominent discussions within the institutions of the European Union today proving those voices that expected the ‘Roma issue’ to fade away from the political agenda after EU enlargement wrong. Since the EU enlargement to include Central and Eastern European states, the European Parliament (EP) passes resolutions every year calling upon the European Commission and the Member States to improve the situation of Roma (EP 2005, 2006, 2007 and 2008).
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The main objective of this paper is to map how Romani minorities were positioned in the context of post-Yugoslav citizenship regimes’ transformations and to observe possible trends throughout post-Yugoslav space regarding their positioning. The paper establishes that due to historical as well as contemporary hierarchical inclusions, many individuals identified as belonging to Romani minorities faced specific obstacles in access to citizenship in most Yugoslav states, where they de facto resided. Consequently, it gives an illustration of citizenship constellations in which many Romani individuals found themselves as non-citizens at their place of residence and usually without the status of legal alien with permanent residence as well as with ineffective citizenship of another post-Yugoslav state. Additionally, it also examines the hierarchical positioning of Romani individuals, who are citizens at their place of residence and, at least de iure, enjoy a certain scope of minority rights. Borrowing terms from postcolonial theory and following the latest developments in Romani studies, this paper argues that Romani minorities were caught in-between different processes of post-Yugoslav citizenship regimes’ transformation, and therefore cannot be considered as the ultimate Other, but as the post-Yugoslav Subaltern.
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This paper looks at the case of citizenship in Kosovo and argues that the mismatch between the idea of a ‘liberal’ state and the practice of group differentiation, on the one hand, and the socio-political reality that emerged in the post-war period, on the other, has resulted in a citizenship regime that is hierarchical. It aims to demonstrate how despite the legally enshrined promise of equality, differentiated citizenship, together with a political context defined by an ethnic divide and past structural inequalities, as well as uneven external citizenship opportunities, contributed to the emergence of hierarchical citizenship, in which some groups (communities), or ‘rights-and-duty-bearing units’, are more equal than the others.
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This article engages with current debates on the sociology of camps and camp-like institutions in contemporary society. Drawing on ethnographic material collected in Italy in ‘nomad camps’ where forcibly displaced Roma from former Yugoslavia were sheltered in the 1990s and 2000s, it argues that Agamben's conceptualisation of the camp as a space of exception, by constructing the camp as other to an idealised notion of citizenship and the rule of law, offers limited purchase for a sociological investigation of the complexity and ambivalence of social relations in and around camps as well as residents' everyday practices and experiences of political membership. Focusing on the resources, entitlements and ‘rights’ of camp residents and their interactions with state, regional and local authorities and non-governmental actors, this article invites to de-exceptionalise the camp and the experiences of its residents, and proposes the concept of ‘campzenship’ to capture the specific and situated form of political membership produced in and by the camp. Getting closer to the camp and its inhabitants through the adoption of an ethnographic gaze reveals the camp space as paradigmatic of the stratification and diversification of political membership in contemporary society, a social and political terrain where rights, entitlements and obligations are reshaped, bended, adjusted, neglected and activated by and through everyday interactions.
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Prior studies on Roma migration put much emphasis on either structural factors or networks that become key elements for explaining the growing migration flows of a population lacking economic resources and characterized by poor education. Although very relevant for explaining the perpetuation of migration, these studies posit the limit of downplaying migrants' agency and the role of identity markers mediating the influence of structural conditions in both destination and origin countries. Drawing on quantitative data from the Roma Inclusion Barometer (2006) as well as on in-depth interviews with Roma migrants from Eastern Romania, the paper provides a more comprehensive account of contemporary Romanian Roma migration towards Western European countries. The paper challenges the portrayal of the Roma migrant population, as conveyed by many scholars, as a rather passive one and argues that gender, religion and subgroup identities constitute key elements in explaining Roma migrants' agency.
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The article examines the development of the Yugoslav state's policy of transnational political engagement of Yugoslav citizens on temporary work in the FR Germany during the late 1960s and 1970s. This politicization of labor migrations was shaped by the interplay of the internal turmoil in the Yugoslav federation and the conditions peculiar to West Germany of the time. The change of the state's perception of external migrations is being examined through the extension of the agitation apparatus of the League of Communists of Yugoslavia onto the territory of the FR Germany and the mobilization of economic emigrants against the “hostile” political emigrants residing in that country. The main goal of these measures was to maintain the emigrants' transnational links to their homeland and ensure that their political standing was kept in line with the official Yugoslav ideological tenets until the time of the prospective return migration cycle. The extraterritorial character of these measures, coupled with the specific position of Yugoslavia within the Cold War diplomacy, led to a peculiar ideological interplay and shifting web of cooperation and confrontation between various actors.
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With the emergence of European Union citizenship as a formal legal category, many scholars from a variety of perspectives have considered its political and normative significance. This article seeks to demonstrate that the enactment of European citizenship through the movement across national borders of EU citizens exposes an inherent but frequently hidden tension within the category of citizenship: namely, in the relationship between mobility and integration. It is, we argue, the exposure of this tension and the concomitant re-politicisation of citizenship via this enactment which is of most ethico-political value in a European citizenship. We make this argument with reference to the politics of a multi-level European citizenship and, in particular, with reference to interactions between a particular nation—France—and the EU on the issue of “Roma” mobility. We argue that while French discourses have tended to interpret mobility and integration as in tension, EU discourses archetypically emphasise the ways in which mobility facilitates integration. That said, EU and national discourses are not easily separable. We demonstrate that each has impacted upon the other and highlight the ways in which this interaction exposes the tension in the mobility–integration relationship and in so doing problematises the meaning and limits of citizenship.
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This paper examines the implications of the visa liberalisation dialogues which took place between the European Commission and national governments of the Western Balkans for the citizenship regimes of the countries concerned. The visa liberalisation process is approached as a tool of Europeanisation of the area of justice, freedom and security and as an exercise of EU conditionality. The analysis reflects on the negotiations for visa liberalisation as well as the mechanisms established for post-visa liberalisation monitoring. Looking both at the formal benchmarking process and through interviews with stakeholders at the national level, the paper traces how the visa liberalisation process affected the status and rights dimension of citizenship in the region.
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After Slovakia joined the European Union in 2004, some of the East Slovakian Roma were among the first migrants to choose the labour migration path to the UK. This article explores connections between the various forms of mobility of these Slovakian Roma. It focuses on their attempts to engage in existential mobility—which condition their physical movement to the place of destination—and on their hopes for upward socio-economic mobility. The paper shows how the successful returning migrants have established new hierarchies and contributed to the crystallising of an imaginary of ‘England as a great splendour’. It examines the idiom of ‘going up’, and argues for seeing the Roma's recent migration as a potential means by which to carve out a sense of a viable life and of autonomy amidst the oppressive circumstances and the asymmetrical relations they have with non-Roma dominant groups and non-related Roma. The article also explores the unequally distributed possibilities and inequalities that migrants encounter on their journeys towards realising their hopes and dreams in migration. Finally, consideration is given to the embeddedness of recent migration in the Roma's daily modes of interaction, sociability of constant movement and reciprocal relations within kin and friendship networks.
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This article strives to meet two challenges. As a review, it provides a critical discussion of the scholarship concerning undocumented migration, with a special emphasis on ethnographically informed works that foreground significant aspects of the everyday life of undocumented migrants. But another key concern here is to formulate more precisely the theoretical status of migrant "illegality" and deportability in order that further research related to undocumented migration may be conceptualized more rigorously. This review considers the study of migrant "illegality" as an epistemological, methodological, and political problem, in order to then formulate it as a theoretical problem. The article argues that it is insufficient to examine the "illegality" of undocumented migration only in terms of its consequences and that it is necessary also to produce historically informed accounts of the sociopolitical processes of "illegalization" themselves, which can be characterized as the legal production of migrant "illegality.".
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Ethnic categories in Kosovo as well as in Italy have been shaped and reshaped according to public politics and local power relations. Focusing on the treatment of the Roma minority, this article examines the complexity of the relationship between labelling and policy in two different contexts: Kosovo and Italy. It highlights the impact that bureaucratic and institutional actors have on the process of iden- tity building of the Roma/Gypsies community. Labels not only contribute actively to the definition of collective identities, but, as instruments of a political system, they express and summarize its structure. The article concludes by emphasizing that labels and policies not only play a role and, in some ways, create the objec- tive of their action, but once they define a group of people as a community, through the allocation of resources, they actually create a community: from 'nomads' to nomads.
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This article reflects on the politics of European Union citizenship – and the ethical possibilities and limitations of a cosmopolitan or ‘normative power’ EU – via an analysis of the situation of the Roma in France, which was widely mediatized in summer 2010. It argues in a first step that during this period the French government ‘securitized’ the Roma, ‘extra‐ordinarily’ casting them as collective threat and thereby justifying their deportation. The European Commission's outspoken response demanded that the French authorities refrain from discriminating against EU citizens on grounds of ethnicity; in so doing, the EU seemed to act as protector of minorities in accordance with its raison d'être as liberal peace project. However, in a second step, the article draws attention to the deportations perpetrated before these high‐profile events, highlighting that conditionality within the law pertaining to EU citizenship allowed for the securitization of Roma. Thus, in a third step, it is argued that the invocation of citizenship may be a useful but limited strategy of political resistance by and with excluded groups such as Europe's Roma. Rather, it is the inherently ambiguous nature of a multi‐level EU liberal or cosmopolitan government – and concomitant EU citizenship – which opens an important space for resistance.
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Throughout Central and Eastern Europe, the collapse of communism has led to an unleashing of ethnic strife and a worsening of the economic conditions of the Roma, who by any measurement occupy the lowest rung of the social ladder. In the former Yugoslavia, the situation has been aggravated enormously by war, rampant nationalism, forced emigration, ethnic cleansing, and economic sanctions. The nearly four-year war in the region took a heavy toll on all the successor states except Slovenia.
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A review of recent research across several disciplines not surprisingly finds a wide variety of descriptions surrounding meanings, processes, scales and methods concerning the notion of 'transnationalism'. Here, several clusters or themes are suggested by way of disentangling the term. These include transnationalism as a social morphology, as a type of consciousness, as a mode of cultural reproduction, as an avenue of capital, as a site of political engagement, and as a reconstruction of 'place' or locality. These and other approaches to transnationalism are being explored in a newly commissioned ESRC research programme on Transnational Communities (see http:// www.transcomm.ox.ac.uk).
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This article discusses the forced migration of Kosovo Roma in the context of the recent armed conflicts in the province. The fate of Roma in Kosovo has remained largely out of the public eye despite massive international media attention given to the conflict in general. The paper analyses the reception and treatment of Romani refugees in both neighbouring countries, such as Macedonia and Albania, and further afield, including instances of racially motivated violence perpetuated against Roma by ethnic Albanians. The article discusses the reasons why the return of Roma to Kosovo, or to other areas of the Federal Republic of Yugoslavia, remains, for the time being, impossible, and outlines the failure of international governmental and nongovernmental aid to reach the Kosovo Roma.
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This article examines recent patterns of Romani westward migrations, challenging the notion of a ‘tidal wave’ of Roma migrants entering western Europe. The first part distinguishes migration from nomadism, rejecting the common proposition that Roma are inherently nomadic, and goes on to distinguish the particularities of Romani migrations compared to westward migrations of other groups. The article then looks at the causes of Romani migrations before analysing the special difficulties facing Romani migrants, particularly asylum seekers, in the countries which they migrate to. The response of western governments to Romani migrants, in particular attempts at curbing Romani immigration, is examined in detail. The article further outlines the impact of Romani westward migrations on the development of Romani non‐governmental organisations in both the East and the West.
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This paper offers a critical analysis of ‘groupism’ and suggests alternative ways of conceptualizing ethnicity without invoking the imagery of bounded groups. Alternative conceptual strategies focus on practical categories, cultural idioms, cognitive schemas, discursive frames, organizational routines, institutional forms, political projects, and contingent events. The conceptual critique has implications for the ways in which researchers, journalists, policymakers and NGOs address ‘ethnic conflict’ and ‘ethnic violence’. The paper concludes with an analysis of an empirical case from Eastern Europe.
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Abstract Although globalization has usually been associated with advanced communications technology, arguably nothing has facilitated global linkage more than the boom in ordinary, cheap international telephone calls. Low-cost calls serve as a kind of social glue connecting small-scale social formations across the globe. In this article I present recent data on the rapid growth and diffusion of telephone traffic and describe the proliferation of prepaid phonecards. Second, I outline the commercial, social and geographical ramifications of this explosion in transnational communication.
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This article brings together the literature on European Union conditionality and transnational NGO advocacy by considering the fundamental role non-governmental organizations (NGOs) have played in the EU's efforts to bring about reforms in countries working to join the organization. Based in part on interviews in Romania, the Czech Republic and Brussels, and focusing on the case of anti-discrimination and the Roma (Gypsies), I consider both how the EU helped NGOs achieve their objectives and how NGOs influenced the creation and effect of EU requirements on candidate countries from Central and Eastern Europe (now new Member States). While problems for the Roma have certainly not disappeared, one cannot fully appreciate the development of either advocacy or conditionality regarding the Roma without considering the mutual dependence of NGOs and the EU. The NGO role is frequently disregarded in the top-down EU accession process, but I find that neither NGOs nor the EU would have been successful at advancing or sustaining domestic change on their own.
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This article examines the key ethical questions in the design of labor immigration programs. We propose a two-dimensional matrix of ethical space that isolates a number of different ethical frameworks on the basis of the degree of consequentialism they allow and the moral standing they accord to noncitizens. We argue for the rejection of extreme ethical frameworks and propose criteria that should guide national policymakers in their choice and application of a framework within the ethical subspace of moderate consequentialism and moderate moral standing for noncitizens. To translate these "ethical guidelines" for the design of labor immigration programs into policy practice, we advocate new types of temporary foreign worker programs. In contrast to many existing and past guest worker policies, the programs that we propose would more actively promote the interests of migrant workers and sending countries by more clearly defining, and more effectively enforcing, certain core rights of migrant workers.
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Constitutional ethnography is the study of the central legal elements of polities using methods that are capable of recovering the lived detail of the politico-legal landscape. This article provides an introduction to this sort of study by contrasting constitutional ethnography with multivariate analysis and with nationalist constitutional analysis. The article advocates not a universal one-size-fits-all theory or an elegant model that abstracts away the distinctive, but instead outlines an approach that can identify a set of repertoires found in real cases. Learning the set of repertoires that constitutional ethnography reveals, one can see more deeply into particular cases. Constitutional ethnography has as its goal, then, not prediction but comprehension, not explained variation but thematization.
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It is often assumed that states within the same regime-type pursue similar policies towards minorities. An imperial state, for instance, which has already consolidated its rule over its territory and subject peoples (such as the Hapsburg Empire in the nineteenth century or the Ottoman Empire in the sixteenth century) tends to pursue restrained policies towards marginal groups. Ordinarily, one could expect such states not to enforce cultural or religious homogeneity, for instance, given the costs associated with communication, transportation, the maintenance of public order and other factors. This article argues that although the Hapsburg and Ottoman states belong to the same regime-type (that is, they were both empires), their specific policies and general approach to ethnic and other minorities diverged significantly. This argument is illustrated through the two empires' policies towards their Gypsy/Romani populations.
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PIP This is a general review of migration, including both international and internal migration, in the former Yugoslavia before its breakdown into constituent countries in the early 1990s. The author examines such topics as labor migration, the distribution of migrants from Yugoslavia in host countries, the characteristics of migrants from Serbia, the assimilation of immigrants, the economic effects of emigration on places of origin, and return migration.
Race, nation, class. London: Verso
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