Will
Kymlicka
Introduction:
Will Kymlicka is a Canadian
political philosopher best known for his work on multiculturalism. His views on
multiculturalism are regarded as an important that can be applied to
current issues and debates. One of his main concerns throughout his work is
providing a liberal framework for the just treatment of minority groups.
His Liberalism, Community, and Culture analyses communitarian
writers and issues related to cultural membership. His arguments
regarding Multicultural Citizenship are
clear and well presented, with many Canadian examples like aboriginal people
and immigrant groups. Kymlicka's carefully reasoned arguments force the reader
to rethink his or her approach to issues related to minorities and group
rights, and deal with prejudice, misconception, and fuzzy thinking.
Life
sketch:
Will
Kymlicka is born in 1962 in Canada. Kymlicka
received his B.A. (Honours) in philosophy and political studies from McGill
University in 1984, and his D.Phil. in philosophy from Oxford University in
1987, under the direction of G. A. Cohen.
Kymlicka has held professorships at a variety of different
universities in Canada and abroad, and has also worked as an advisor to the
Government of Canada. From 2004-6, he was the President of the American Society
for Political and Legal Philosophy.
His Writings:
Kymlicka has written extensively on multiculturalism and political
philosophy mainly on issues of Democracy and diversity in particular on models
of citizenship and social justice within multi-cultural societies. This
includes Liberalism, multiculturalism, citizenship and minority rights.
He has published eight books and over 200 articles, which have
been translated into 32 languages.
Influence:
Kymlicka’s
work is influenced by writings of J.S.
Mill, John Rawls, Ronal Dworkin, Gerald Cohen.
Background:
What makes
Kymlicka what he is, is his views on multiculturalism and minority groups. Kymlicka
has studied these ideas in a Canadian context.
Cultural diversity has become a central feature of
contemporary society, and seems likely to become more so in the immediate
future. Increasing contact among societies as a result of improved
communication and transportation has made for population movements and
population change. Increased diversity in Canada is the result of changed
patterns of immigration, with many more people of colour immigrating to Canada.
Policies related to immigration, land claims, self-government, language, and
customs have all changed in recent years into a multicultural policy of Canada
which is a notable example.
His Political thoughts:
Multiculturalism:
Multicultural and
multiculturalism have been used in various ways. One approach is to
include the "perspectives of women, minorities, and non-Western cultures
in recognition of the increasingly diverse character of life in modern Western
societies." (The Columbia Dictionary
of Modern Literary and Cultural Criticism).
Viewed this way, all the social categories could be included. While
Kymlicka's approach might be extended to include all of these, his focus is
on ethno-cultural groups - ethnic groups, national minorities,
nations, and peoples.
Some of the key characteristics of Kymlicka’s multicultural theory
are-
1.
Liberal theory:
Kymlicka
sets his analysis firmly within the tradition of liberalism. This is the
political theoretical counterpart of neo-classical economics. That is,
liberalism looks on the individual as autonomous and able to act. Emphasis is
placed on "individual freedom, whether defined as freedom from coercion,
as moral self-determination, or as the right to individual happiness"
(Seidman, p. 15). Tolerance and respect for the rights of others are part of
this, so that pluralism in social and political affairs is a necessary
feature of a liberal society. Freedom of expression, freedom of
conscience, freedom of association are some of the rights that have typically
been associated with liberalism and liberal democracies. As a political philosophy, liberalism has often been seen as
"primarily concerned with the relationship between the individual and the
state, and with limiting state intrusions on the liberties of citizens"
(Kymlicka, Liberalism, p. 1).
2.
Individualism and individual rights:
They
are often viewed as the defining characteristic of liberalism, so that there
are minimal or no group rights that are part of collectivities. All rights
adhere to the individual, and liberalism has often been criticized for being
excessively individualistic.
In contrast, Kymlicka argues that "liberalism also
contains a broader account of the relationship between the individual and
society - and, in particular, of the individual's membership in a community and
a culture" (Kymlicka, Liberalism,
p. 1). It is this argument that Kymlicka pursues in Multicultural Citizenship, and where he argues that group
rights are part of liberal thought. Group rights can be viewed as
admissible within liberalism and even necessary for freedom and equality.
3. Minority Rights:
One of his main concerns throughout his work is providing a
liberal framework for the just treatment of minority groups which he divides into two basic categories:
(i) National minorities and
(ii) Poly-ethnic groups or immigrant
groups.
A
particular state could be a combination of these, as is Canada. Most states
have aspects of each, although Canada is more clearly an example of a country
with at least two national minorities and many ethnic groups.
·
National minorities are
groups that have in common some or all of history, community, territory,
language, or culture. Each of these is sometimes referred to as a nation,
people, or culture. Each of these may have become a minority involuntarily
through conquest, colonization, or expansion, or it could have voluntarily
agreed to enter a federation with one or more other nations, peoples, or
cultures.
I.
Kymlicka defines national
minorities in terms of culture, and argues that if these minorities wish to
retain their cultures, they should be recognized as distinct.
II.
The group rights that may be
associated with national minorities are self-government rights or
special representation rights. While these have to be worked out on a case by
case basis, Kymlicka makes a strong case for these rights where national
minorities have a claim to be peoples or cultures.
III.
For Kymlicka these are not
temporary rights, but are rights that should be recognized on a permanent
basis, because these are inherent rights of the national minority.
IV.
Of course, these groups could
decide to secede, and this may be the best solution in some cases.
But in other cases, it
may be possible to accommodate the rights of national minorities through a
combination of self-government and special representation rights.
·
Ethnic groups and poly-ethnic rights:
I.
In contrast, Kymlicka argues
that immigrant groups are generally ethnic groups, and can be accorded what he
calls poly-ethnic rights in a poly-ethnic state.
II.
Kymlicka notes that
immigration is voluntary (he deals separately with the issue of refugees) and
argues that immigrants generally wish to integrate into the society
and culture that they enter.
III.
At the same time, they may
wish to retain some aspects of their culture, and retention of these is
especially important to them.
IV.
Among the rights that
Kymlicka argues, could be given to these ethnic groups are policies related to
ending racism and discrimination, education, some types of affirmative action,
exemption from some rules which may violate religious practices, and public
funding of cultural practices.
4. Culture:
Kymlicka has many useful comments concerning the meaning
of culture and the importance of culture for individuals. The particular
culture that is discusses is societal culture, the history, traditions,
and conventions that go along with the society, and the set of social
practices and institutions that are associated with the societal
culture.
Culture of origin provides a basic resource for
people, and integration into a new culture is difficult for people. In these
circumstances, it may be important to strengthen the
culture andprovide protections for various minority groups. But note
that this leads in quite different directions for national minorities than for
immigrant ethnic groups. That latter generally wish to integrate, the
protections may not need be permanent, and are often fairly limited. For
national minorities, the argument may lead in the direction of strengthening
their societal culture, as a permanent feature, with extensive self-government
rights. Kymlicka does not argue for self-government rights for ethnic groups.
5. Basis for group rights:
As a basis for group rights, Kymlicka makes two arguments.
I.
The equality
argument is that some minority rights
actually increase equality, and that true equality requires different treatment
for different groups. The problem is that depriving groups of rights such as
language and access to land may leave a group culturally disadvantaged,
and unable to fully participate in society. Examples
include land and fishing rights for aboriginal people, imposing few
restrictions on the minority but having an especially important impact on
improving the position of aboriginal people. Part
of the argument here is that the state cannot be culturally neutral, there is
usually an official language, has particular procedures used in the
exercise of power, and determines boundaries that my affect representation for
communities of interest. With respect to polyethnic rights, holidays, work week
scheduling, education, and public symbols may all present problems for some
ethnic groups.
II.
Historical agreements such
as treaties, terms of federation, agreement concerning boundaries and use of
language should be recognized, especially for national minorities.
III.
Cultural diversity is a
third argument that is sometimes used to argue for special minority rights. For the majority, increased cultural diversity is likely a
positive development, but this is diversity within the culture. This can be
achieved, and presently is occurring, by having more immigrant groups integrate
into the majority culture.
Group
rights adhere not just to the national minority or ethnic groups but may be
part of the rights of individuals in these groups. For example, special
land rights for aboriginal people may be part of the rights of the aboriginal
group. But hunting and fishing rights may be primarily important for individuals
in these groups. Similarly, allowing Sikhs to avoid wearing motorcycle helmets
is a special right that individual Sikhs may wish to exercise.
5. Problem cases:
Kymlicka
does not shy away from dealing with problem cases and examples which do not fit
his approach.
I. He recognizes that each
group, or parts of groups, may require different types of treatment. One
example is African-Americans in the United States - neither a
voluntary immigrant group nor a national minority. In general,
African-Americans have desired integration and an extension of full individual
rights to them, rather than requesting group rights.
II. A second group that may not
fit is refugees, who leave their country and culture involuntarily, and
may or may not wish to enter the culture of the new country where they find
refuge. Some may wish to return to their country of origin, others may become
more similar to voluntary immigrants. Note though that in the Regina Refugee
Study, there were a number of refugees for whom Canada did not seem to be the
first choice, and who were quite unhappy with their situation here.
Illiberal
Cultures:
A
considerable part of the discussion involves illiberal cultures and
how liberals can deal with them. These are cultures which limit the liberty of
members and where respect for individual freedom of choice is limited or
non-existent. These could be national minorities or societal cultures that
people decide to leave when they become immigrants. Being a liberal, Kymlicka does not
agree with these traditions and practices, but argues that if national
minorities are to be self-governing, then liberals cannot selectively intervene
on some of these issues. This is an important policy point, because some first
nations groups may argue that they should not be subject to the Charter and to
Canadian courts if they are to be truly self-governing.
For
ethnic groups, maintaining such practices is inconsistent with integration into
a liberal society. For example, treatment of girls and women within some
cultures seems inappropriate -customs like arranged marriage, female
circumcision, etc. For these groups, Kymlicka argues that internal
restrictions on group members be limited or non-existent. He argues
for external protections for these groups, but that liberal rights
should exist for individuals within these groups.
Liberal Tradition:
Kymlicka
notes that the liberal tradition is not exclusively individualistic, but that
this exclusive focus on individualism is of recent origin. He argues that all
liberal societies recognize group rights in some form - even the United States,
where liberal democracy is considered most dominant.
The Marxist and socialist tradition in the nineteenth century was little different, with the assumption that the great powers - France, Britain,
Germany - should be nation-states, but that small nationalities should
disappear. More recently socialists have adopted a variety of different
approaches, but many of these have the same problem as noted by Folbre, they emphasize class and the achievement of socialism over the
cultural and national issues. Many assume that these
issues are part of ideology that is used by the economically and politically
powerful to divide the weak and oppressed. As a
result, the socialist tradition does not have a strong theory of culture.
Ø By requiring freedom within and equality between groups,
Kymlicka's approach may fall into the same trap that Mill and Marx did. Some
have questioned on what basis liberal emphases on individual rights could be
forced on cultures that do not have such a tradition.
Ø Kymlicka argues that liberals cannot force such traditions on
other countries, and should go easy on attempting to enforce such individual
rights in national minorities. However, for ethnic groups that voluntarily come
to a liberal, democratic country, and who wish to integrate into such a
society, requiring recognition of individual rights in these groups does not
seem unreasonable. In fact, rights such as those in the Charter may generally
be supported by such immigrant, ethnic groups and individuals in those groups.
Solidarity and social unity in the nation state: Chapter 9 deals with these
issues, and may seem to be a pessimistic conclusion to an otherwise optimistic
approach. For ethnic groups, integration is key,
and many newcomers are among the most committed citizens. In Canada, through multiculturalism, these newcomers are tolerant of
and welcome diversity, and seek to work to create a better society.
·
With respect to ethno
cultural minorities, Kymlicka is very optimistic in terms of creating
a shared civic identity.
·
Where he is more pessimistic
is with respect to national minorities. While he supports group rights for
these, he also recognizes that these rights are inherently divisive, are not
integrative, and do not support the same sense of shared civic identity.
·
Kymlicka does note though
that as a liberal, if a group wishes to separate, and members of the group
consider that this improves their situation, the liberal solution would be to
permit or encourage separation.
·
Finally, Kymlicka notes that
the shared identity associated with the nation state may be difficult
to develop in a multination, polyethnic state like Canada. In fact, he refers
to Canada as having a situation of deep diversity, with diverse cultural
groups and diverse ways of belonging. He presents no magic solution or national
goals, but argues that we have to work at developing the sense of shared
identity if we want Canada to stay intact.
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