Adama Science and Technology University

Introduction to Civics and Ethics (Module) LAR 1011

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Chapter One
Understanding Civic and Ethics
1.1 Introduction
Civics or citizenship education primarily deals with the rights and duties of citizens in a state or
political system. It mainly focuses on the civil and political rights of citizens and the respective
obligations as well as rights of state as defined by constitution. Citizen refers to a person who has
rights and duties with bound of a certain political system or country.
On the other hand Ethics (Greek ethika, from ethos, ―character,‖ ―custom‖), deals with principles
or standards of human conduct. It focuses on teaching citizens about morality and civic
dispositions or character traits to make help citizens to behave or act in a desired way.

1.2 Origin and Development of Civic and Ethics

The word civics is derived from Latin word called ―civis‖, which means the activities and
participation of society. So, civis (also civicus) which means is citizen. Both these Latin words
have given birth to the social science known as civics. The word citizen is to mean a person who
is a member of a particular country by birth or Naturalization (getting a right of citizen ship
through legal process). This is to a given country. This implies the state of having certain rights
and duties.

It is the part of civic and Ethics to deal with matters of good citizenship and proper conduct and
morality. All forms of education given at all times and at all levels have in some ways some
aspects of citizenship and character education. Thus, it is safe to say that the origin of Civic and
Ethics is the same as the origin and development of education. In fact, it is not always and
everywhere known by the same name and offered in the same manner. At times it is given
integrated along with other disciplines while at others it is a separate subject.

In the ancient two great states of Greece and Rome it was an already established order to govern
their various affairs with the help of rules framed by citizens of these states. They had their small
city states known as Civitas. Afterwards the words ―Civics‖ and ―Civitas‖ came to English
language and the concepts such as ―Citizen and ―City‖ began to be used. The education system
in Athens, for example, was aimed at the development of responsible citizens. Philosophers like

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Socrates, Plato and Aristotle also had significant contributions to the subject area. Similarly, in
ancient Rome and in its expanded empire there was some sort of citizenship education.

As the result of the close linkage existing between state and church in the medieval period
citizenship and character education was given as part of religious education. This partnership
between the state and church continued until the coming of the Renaissance (known as the
―rebirth of revival of man‘s interest in the learning and art of the ancient Greeks and Romans).
As a result, education, in general, and Civic and Ethics, in particular, became free from religious
interference. Moreover, the economic and intellectual activities due to the subsequent social
revolutions that took place in Britain, America and France contributed more to make Civic and
Ethics include modern and democratic concepts that continued to constitute its main contents
afterwards. The period of renaissance resulted in Revolution in Europe and America.
Particularly, these revolutions took place in some of the European countries like Britain
Revolution in 1688, the American Revolution in 1776, the French revolution in 1789 which had
helped for the emergence of modern democratic concepts. This In turn, helped for the growth of
modern civic education.

On the other hand, one of the international developments that had helped the emergence of
modern civic education was the disintegration of Soviet Union and the crumble and collapse of
communism in 1990‘s. The idea of liberty, democracy and constitutionalism has risen to global
prominence in the 1990‘s; many countries recognized that schools must teach young citizens
both the theory and practice of constitutional democracy.

The other main international development which adds to the emergence of modern civic
education was the meeting which is held in Prague, Czech Republic in 1995, which emphasized
the importance of civic and ethical education in the school curriculum.

At present Civic and Ethics exists everywhere, but the nomenclature and its contents vary greatly
depending upon a nation‘s philosophy, stage of development and the nature of the educational
policies of their governments. This means that whether the nation‘s government is democratic or
undemocratic, the school program usually provides for some study of the state and its laws and
of civic responsibilities of citizens.
In different countries various labels and names are given to civic and Ethics:

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1. Citizenship education;
2. Character education
3. Democratic and human right education;
4. Political and moral education;
5. Peace and human rights education;
6. Civic education;
7. Political education;
8. Human rights education (HRE) ;
9. Civics and ethics education;
10. Values/moral education;
11. Education for human dignity;
12. Education for citizenship and democracy;
13. Human rights, peace and democracy;
14. Globalization and multiculturalism, etc.

Today, both developed (industrialized) and developing countries offer some form of civic and
Ethics to their students in schools and colleges. We can refer to the situations in the USA, UK,
Canada, Australia, South Africa, Uganda, Kenya, Ghana, Zambia, Singapore, and Malaysia, to
name but a few. Most of these countries designed the syllabus of civic and Ethics or any of the
above subjects to cultivate some of the desired characteristics, such as, duty mindedness, self-
control, accepting differences, patience, independence, hardworking, communicating well with
others, able and willing to work with others as well as cherished values including love,
cooperation, freedom, happiness, honesty, humanity, peace, respect, responsibility, simplicity,
patriotism, justice, sovereignty, tolerance, truth, unity and equality. Particularly, at this time to
great urge for the whole world becoming a single unit and the need for fraternity and peace the
importance of this subject has enormously increased.

Likewise, some sorts of citizenship and character education were made to constitute the
curriculum of Ethiopian modern schools since its birth at the beginning of the twentieth century.
In fact then the main objective was to let students know about the glory of those on the throne
their unlimited power and the hereditary rights of the family. Again during the Dergue regime

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there was an independent subject called ―political education‖ given at all levels of the
educational system. The dominating purpose for this was to indoctrinate the young with the
particular ideology and political dogma centered upon socialism.

Today Civic and Ethics that is offered at all levels of Ethiopian education is based on democratic
principles majority rule, individual liberties, faith in the reason of the common man, individual
worth and human dignity. Schools and higher institutions have given it due importance to teach
the principles and etiquette of democracy.
1.2. The Meaning and Scope of Civic and Ethics
The word civics comes from the Latin word civitas which means citizen. Having derived from
the Latin, civics has developed many working definitions. Working definitions are derived from
the tasks or activities of a subject. Accordingly, the following are some of the possible
definitions of civics:
1) Civics is a branch of social Science which deals with the rights and duties of Citizens;
2) It is the intensive study and understanding of political institutions such as lawmaking
institutions, executive bodies, political parties, etc;
3) It studies the theory and practice of free and open democratic society;
4) It is the study of the purpose of government, the nature of the law, and the way private
behavior affects the public order and the political system; and
5) It also studies the international socio-economic and political conditions.
The definitions clearly indicate the concerns of civics. For instance, in the first definition, you
can understand that civics teaches us about the rights and responsibilities our citizenship rights
and duties. In the relationship between you and your state, you have rights to enjoy and duties or
obligations to perform or fulfill. The privileges or benefits that you are entitled to get are called
your rights while the responsibilities that you are required to fulfill are called your obligations.

In the second definition you can see that civics is concerned with the study of political
institutions of various kinds existing in the country. It studies, for instance, executive body; its
organization, powers and functions. It is also referring to the fact that Civics is primarily and
education in self-government, which implies active participation and involvement of members
and not passive acquiescence to other members‘ actions.

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In the third definition it is clear that civics studies the theory and practice of a democratic
society. This means that Civics studies the values, commitments and assumptions of democracy;
it studies challenges of democracy; and history of democracy.

In the fourth definition civics attempts to answer such questions as: What is the purpose of
government: Why do we need government? What is the nature of the law? Is the law equally
serving all citizens in the country? Or is it only the instrument of the rules? How does
individual behavior affect the public order and the political system? If an individual has a bad
behavior (like theft, crime, corruption, etc.) that behavior may affect the order of the society and
political system. Civics studies the social economic and political conditions operating in the
world. These are the areas which civics deals with.

In the context of political and social relationship there are many duties to be performed and
correspondingly many rights to be respected. It is mainly with these that Civic and Ethics is
concerned about. It is a study of institutions that govern their members with rules, regulations,
customs, values and traditions so that members properly discharge duties and responsibilities and
receive their benefits and rights.

Civic and Ethics is a useful branch of human knowledge that deals with the political, economic
and social as well as intellectual aspects of a political community. This is believed to help
students understand the political system, economic policies, social realities of their country and
the world at large.

As mentioned above, Civic and Ethics is made of two interrelated subjects: Civics as an aspect
of social sciences and Ethics as a branch of philosophy. The following discussion treats the two
concepts separately in order to help you clearly understand the meanings of both.

Civic and Ethics is not a subject which stands by itself. Rather it is a subject which is
interdisciplinary. What makes a subject interdisciplinary is when it borrows, shares or takes

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knowledge, theories, principles and explanations from different disciplines. What should be
taught in civic and Ethics is an important question that should be raised here.

Many countries expressed great concerns on how best to teach civic and Ethics. Law makers and
policy makers expressed great concern on developing right kind of civic and Ethics. In the
United States, education sector and congress addressed to this civic education issue. They have
collaborated in construction of an elaborate set of standards for civic and government in order to
enhance ―informed and responsible participation of political life.‖ Several independent research
institutions are also devoted to curriculum development of civic education with wide
participation of experts and practicing educators. Learning resources are extensively developed
by the Center for Civic Education and several academic institutions. For example, We the People
is one of the model learning resources in which major knowledge and attitudes are carefully
engraved to aware knowledge on political system and qualities of citizens. Each unit is
constructed to lead a distinctive outcome of learning by encouraging thought-provoking and
critical-thinking. Also, as key components of civic education, Cogan (1998) postulated five
attributes: a sense of identity; enjoyment of certain rights; fulfillment of corresponding
obligations; a degree of interest and involvement in public affairs; and an acceptance of basic
societal values. As a social being, human beings encounter decision-making in various social
situations. Most of the time, these situations demand problem-solving skills. The contents of
civic education are not merely limited to dissemination of civic knowledge to produce law-
abiding people. Rather, knowledge, and skills, and values as effective citizens must be integrated
in textbooks and generic learning resources for every individual to ensure to be equipped with
due qualities of mature citizens.

In short, it is important to note that for a well directed and concerted shaping of citizens civic
and Ethics should have the following constituent:
 Human Rights
 Children, Women and Minority Rights
 The Rule of Law and Fair Trial
 Democracy
 Fundamental Freedoms of Expression, Association, Religion …

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 Citizenship
 Equality and Non-discrimination
 Globalization – Interdependence, Communication and Market;
 State and Government
 Peace, Violence, Conflict Resolution
 Media and Communication
 Poverty, Corruption and Development
 HIV/AIDS and Reproductive Health
 Environment and Heritage

Definition of ethics:

Ethics is a branch of philosophy that addresses questions about morality. It is originally derived
from Latin word Ethos which refers to customs and norms of society that has to be respected by
every individuals. Morality also sets out norms and customary rules to judge the actions,
intentions of individuals and groups in the society. It is something which is set by certain
community or society. In every society there are standards that serve as ‗litmus test to
distinguish‘ ―moral person‖ from ―immoral one‖.Moral persons are praised, rewarded and
privileged. Whereas the immoral ones condemned or rejected.

These ideals of the ethos demand immediate and unquestionable obedience because they are
respected values of society. Ethics, however, is not guided by values that are not rationally
justified. Thus, ethics is not about unquestionable obedience; rather it is a matter of basing
ethical values in rational arguments. To this end, ethics attempts to provide answer for the
following questions;

 What actions are right or wrong?

 What things are good or bad?
 What ought to be done and what ought not to be done?
 What is justice and injustice? And etc.

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1.3. The Purposes and Objectives of Civic and Ethics

Introduction
This section discusses the purposes of teaching and learning civic and Ethics. In addition to that
it gives you in detail the aims and objectives of civic and Ethics. Try to keep in mind these
points as they serve as good elements of the checklist that will help to audit the changes achieved
at the end.

In the new century synonymous with digital revolution and knowledge-based economy, all
sectors of society face enormous challenges including education. Nurturing mature and
responsible citizens becomes one of the key agenda among policy-makers and educators in many
countries. For a society to be genuinely democratic, each and every member of its society should
share consensus on common good and be equipped with the qualities of ―good‖ citizen. Among
other things right kind of civic education is considered as an instrument to build a harmonized
place for all. The main reason for teaching and learning Civic and Ethics in a constitutional
democracy like today‘s Ethiopia is also for the very reason that the health of the body politic
requires the widest possible citizens‘ participation consistent according to the public interest and
respecting the rights of individuals.

Civic education, based on genuine understanding of man and cherishing human relationship, is
truly in need. We have great mission to cultivate positive traits of man and provide enriching life
experience for bettering living. Also, understanding civic virtues and realizing in real life should
be integral part of one‘s entire span of life. More than any other time in history, education for
civic virtues and universal values like compassion and altruism becomes paramount priority in
national agenda. Therefore, the purpose and importance of Civic and Ethics is said to be multi
faceted. The major ones are the following.
1. To enhance the culture of civic responsibilities
Civic responsibility is a firm determination or commitment to fulfill the duties of citizen ship.
Duties or responsibilities of citizens includes, among others, to pay tax; respect the human
democratic right of others; help the needy through voluntary service; actively participate in
decision making to improve quality of government functioning; to participate in election (either
as voter or candidate); check the power of the government etc.

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So much we human family have dire aspiration for democratic society, all the members of global
citizens demand appropriate civic and Ethics regardless of age, race, and gender. Civic and
Ethics should not be limited to formal instruction at elementary and secondary levels. As Boggs
(1991) articulates that responsible citizenship involves thoughtful evaluation and responsible
involvement in public issues. As our society is moving forward to lifelong learning, it should
take place from home to every corner of community. Engaging in community issues through
service learning is considered as a significant mode of civic and Ethics. Therefore, all the
members of society, policymakers and ordinary citizens alike, should address the sense of
community to build genuine democratic society. It is of great importance to instill conviction that
each member of a society can make a difference and change the community positively.
2. To promote the culture of tolerance
The promotion of human rights and consolidation of democracy depends on culture of tolerance.
Tolerance is respect, acceptance and appreciation of rich cultural diversity, our forms of
expression and ways of being human.

Tolerance is also ―harmony in difference‖ (and it is not only a moral duty but also political and
legal requirements. It is the virtue that makes peace possible, contributes to the replacement of
the culture of war by a culture of peace). Tolerance is not concession. It is above all, an active
attitude promoted by recognition of the Universal human rights and fundamental freedom of
others. Tolerance as an element of civic education is certainly of great importance for the
countries like, Ethiopia, Sudan, Nigeria, South Africa and others where societies are multi racial,
multi ethnic, multicultural, and multi lingual. Therefore, one of the purposes of civic Education
is the cultivation of tolerance and the eradication of negative stereotypes (and prejudice) and
serves as a guarantee of peace and stability and as an obstacle to the outbreak of violence, war,
conflict.
3. To build civic competence of citizens
This is concerned with the capacity or ability of citizens to participate effectively in the political
system civic competence is very important for citizens to effectively participate in the affairs of
their nation state. It is a relative term because citizens can develop their civic competence
through time as there is no absolute civic competence

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Mere membership to certain state or political society does not qualify a person to be good
citizen. Good citizenship needs qualifications beyond mere membership to a country.
As the roles of good citizens are multifaceted and many there are minimum competences that are
required from them. These are:
 Civic knowledge
 Civic skills
 Civic attitudes
Civic knowledge implies general information and awareness about the social, cultural, political,
environmental, historical, and economic conditions and realities of the past and the present and
also the challenge and prospects ahead of the country. Citizens need to know their country, its
people, history, culture, resources and the like.
Civic knowledge is instrumental to bring change of attitude and ultimately leads to taking
appropriate action. So we learn not for the sake of learning, but we learn for action.
Civic attitude involves those character traits, or dispositions which are engrained in the minds of
citizens. Civic attitude or orientation will develop citizens acquired civic knowledge. Altruistic
qualities are required to help the poor and vulnerable one in the community. There are also many
civic attitudes that are required from good citizens such as;
a. Tolerance- is the first and primary disposition that is required from good citizens.
Political tolerance and cultural tolerance are critical to build up democratic system in our
country. So tolerance could mean accommodation of political differences. At societal
level, it means that a peaceful co-existence of different cultural, linguistic and religious
communities. In Ethiopia where you have more than 80 linguistic communities, tolerance
is critical. Tolerance includes accepting diversity, valuing diversity and respecting
diversity.
b. Open-mindedness- it implies citizen‘s readiness to enter dialogue, listen to others idea
and change positions if necessary. This implies citizen‘s readiness to sacrifice their
individual interests and values for the sake of promoting the collective interests of
common good. It includes altruistic qualities of citizens.
c. Loyalty- involves things like keeping promises or keeping ones word, keeping
relationship.

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d. Virtuousness- citizen‘s ability to do right things at the right time at the right way for the
right purposes.
Civic Skills involves skills of decision making, communication, conflict resolutions
compromise, persuasions, creativity and the like.

4. To provide the students with historical and contemporary information about the existing
realities of their countries and the world as well.
5. To enable students to recognize the importance of moral and Ethical values. We have to
identify what is good and what is bad, and act accordingly. The knowledge and skill we
acquire from Ethics enable us to avoid bad practices and develop what is labelled by the
society as good.
6. To enhance good governance.
One of the purpose of civics educations is to promote good governance by creating accountable
and transparent citizens; those who stand for their right and respect the right of others; those
who fight mal-administrations, waste of resources and corruptions; those who influence the
government to administer scarce resource in accordance with the real needs of the people
/Citizens. Good governance, development and peace are closely interlinked and together they
become a vehicle to improve the human conditions. Good governance enables to fight
corruptions, waste of resource and bad administration which are among the greatest obstacles to
development. Democracy and Good governance are very much interrelated concepts. But
―democracy‖ alone is not a sufficient cause of ―good governance.‖
 Participation
 Rule of Law
 Transparency
 Accountability
 Responsiveness
 Consensus Oriented
 Equity &inclusiveness
 Effectiveness and Efficiency
To say there is good governance in a certain country, there should be transparency,
accountability and responsiveness in public administrations. The people have the right to know

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how decisions that affect them are arrived at; how public resources are administered, by whom
and how? The diversion of scarce resource from basic development priorities such as
educations, health, food security to words low-priority and sometimes economically abused uses
such as excessive Military spending, personal enrichment etc is a serious violations of social and
economic rights of citizens.

There are also many other specific objectives:

1. Promoting among citizens civic dispositions and commitments of fundamental values and
principles required for competent and responsible citizenship.
2. Developing democratic outlooks: the participatory skills required to monitor and
influence the formulation, implementation, ad justification and enforcement of public
policy as well as participation in voluntary organization or to solve the problem of
community. Participatory skills are;
a. Required to monitor/control and influence
b. To participate in voluntary organization.
3. Developing a feeling of patriotism and national character. Patriotism refers to ones love,
affection and devotions towards his or her country. Citizens should be ready to sacrifice
everything to protect their country.
4. Political consciousness; teaching of civics also aims at generating political consciousness
in the mind of citizens. Providing citizens the knowledge and intellectual skills which are
required to monitor and influence government rules, decisions and actions that
significantly affect individual rights and without which the good of the society do not
materialized. Civic education is aimed at creating a participatory political culture.
According to scholars there are three types of political culture;
a- Parochial Political Culture: simply means participation limited to local
areas. In this political culture citizens have no strong linkage or association
with central government; citizens are obedient only to the nearly local chief.
Citizens are not concerned about the decisions of the central national
government.
b- Subjective Political Culture: citizens see themselves as a subject of
government rather than participant in political process. In this type of political
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culture citizens assume passive relationship to the political system. Here

citizens are only the receiver of political decisions passed by the authorities.
Doer (Government) – Receiver (citizens) relationship.
c- Participatory political culture: citizens see themselves as active participant
in the political system. In this political citizens will have bright knowledge
and awareness of political system. Civic education will provide you with the
basic knowledge and skills about your government and society.

1.4. The Sources (Foundations) and Interdisciplinary Nature of Civic and Ethics
It is apparent that Civic and Ethics has several sources and takes knowledge and theories from
different disciplines or subjects. The sources of Civic and Ethics can be generally classified in to
two:
3.1. Theoretical Sources: This refers to the various disciplines which lends theories,
Principles and explanations to the subject. Civics is actually a social science; however, in certain
respects it forms a part of political science, philosophy and other field of study. Obviously,
political science, philosophy, and Law occupy a central area in the study of Civic Education but
other disciplinary areas such as history, sociology, geography etc. make important contributions
to the studies of Civic Education. The study of Civic Education, therefore, requires relating and
integrating knowledge, experience and skills obtained from these various areas of study. This
multi-disciplinary nature of Civic Education enables students to widen their mental horizon,
their thinking and problem solving abilities and to apply their intellectual skills in investigating
issues related to the affairs of their community and nations.
3.2. Documentary Sources: This refers to the various materials that include:-
International instruments such as the Universal Declaration of Human Rights, and the various
kinds of Covenants and Conventions including covenants on Economic, Social and Cultural
Rights as well as conventions on the elimination of all forms of Discrimination against women,
convention on the rights of Child etc.
Furthermore, constitutions both Federal and regional as well as legal enactments and decisions
made by legal bodies such as parliaments, state councils and various Federal ministries are also
sources of civic education.

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Civic and Ethics is not a subject which stands by itself. Rather it is a subject which is
interdisciplinary. What makes a subject interdisciplinary is when it borrows, shares or takes
knowledge, theories, principles and explanations from different disciplines.

Civic and Ethics belongs actually to social sciences. However, in certain respects it forms part of
political science, philosophy and other field of study. Obviously, political science, philosophy,
and Law occupy a central area in the study of Civic and Ethics but other disciplinary areas such
as history, sociology, geography etc. make important contributions to this study. The study of
Civic and Ethics, therefore, requires relating and integrating knowledge, experience and skills
obtained from these various areas of study. This multi-disciplinary nature of Civic and Ethics
enables students to widen their mental horizon, their thinking and problem solving abilities and
to apply their intellectual skills in investigating issues related to the affairs of their community
and nations.
Although some allowance may be made for postgraduate needs, whether academic or vocational,
wider considerations should determine the main design of the undergraduate curriculum. In the
first place, it should not be too specialized for at least two reasons. One is that undue
specialization at this stage will militate against the ideal of a liberal education which is the
primary aim of university studies. The other is that studies by immature mature minds which are
too narrowly concentrated will defeat their object. An undergraduate student who studied
nothing else except political science would probably understand less about the subject than one
who had broadened his outlook by learning something of history, sociology or economics. There
are many signs of an increasing recognition by social scientists of the value and possibilities of
cross-fertilization among the social sciences.

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Chapter 2

Ethics and Major Ethical Principles

Definition

Ethics, also known as moral philosophy, is a branch of philosophy that addresses questions about
values—that is, concepts such as good and bad, right and wrong, virtue and vice, justice, etc.The field of
ethics (or moral philosophy) involves systematizing, defending, and recommending concepts of right and
wrong behavior. Originally it is derived from the Latin word Ethos which refers to customs and norms of
society that has to be respected by every individual. These ideals of the ethos demand immediate and
unquestionable obedience because they are respected values of society. Ethics, however, is not guided by
values that are not rationally justified. Thus, Ethics is not about unquestionable obedience, rather it is a
matter of basing ethical values in rational arguments.

2.2. Major Approaches to Ethics

2.2.1. Metaethics

The term ―meta‖ means after or beyond, and, consequently, the notion of Metaethics involves a removed,
or bird‘s eye view of the entire project of ethics. We may define Metaethics as the study of the origin and
meaning of ethical concepts. When compared to normative ethics and applied ethics, the field of
Metaethics is the least precisely defined area of moral philosophy. It covers issues from moral semantics
to moral epistemology. Two issues, though, are prominent: (1) metaphysical issues concerning whether
morality exists independently of humans, and (2) psychological issues concerning the underlying mental
basis of our moral judgments and conduct.

2.2.1.1. Metaphysical Issues: Objectivism and Relativism

Metaphysics comprised of two concepts, ‗meta‘ (beyond) and ‗pysica‘ (things of nature). It attempts to
study about reality in general going beyond the things of nature. Some things in the universe are made of
physical stuff, such as rocks; and perhaps other things are nonphysical in nature, such as thoughts, spirits,
and gods. The metaphysical component of metaethics involves discovering specifically whether moral
values are eternal truths that exist in a spirit-like realm, or simply human conventions. There are two
general views that this topic emphasize: other-worldly and one this-worldly.

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A. Objectivism (Universalism)

Proponents of the other-worldly view typically hold that moral values are objective in the sense that they
exist in a spirit-like realm beyond subjective human conventions. They also hold that they are absolute, or
eternal, in that they never change, and also that they are universal insofar as they apply to all rational
creatures around the world and throughout time. The most dramatic example of this view is Plato, who
was inspired by the field of mathematics. When we look at numbers and mathematical relations, such as
1+1=2, they seem to be timeless concepts that never change, and apply everywhere in the universe.
Humans do not invent numbers, and humans cannot alter them. Plato explained the eternal character of
mathematics by stating that they are abstract entities that exist in a spirit-like realm. He noted that moral
values also are absolute truths and thus are also abstract, spirit-like entities. In this sense, for Plato, moral
values are spiritual objects. Medieval philosophers commonly grouped all moral principles together under
the heading of ―eternal law‖ which were also frequently seen as spirit-like objects. 17th century British
philosopher Samuel Clarke described them as spirit-like relationships rather than spirit-like objects. In
either case, though, they exist in a sprit-like realm. A different other-worldly approach to the
metaphysical status of morality is divine commands issuing from God‘s will. Sometimes called
voluntarism (or divine command theory), this view was inspired by the notion of an all-powerful God
who is in control of everything. God simply wills things, and they become reality. He wills the physical
world into existence, he wills human life into existence and, similarly, he wills all moral values into
existence. Proponents of this view, such as medieval philosopher William of Ockham, believe that God
wills moral principles, such as ―murder is wrong,‖ and these exist in God‘s mind as commands. God
informs humans of these commands by implanting us with moral intuitions or revealing these commands
in scripture.

B. Relativism (Subjectivism)

The second and more this-worldly approach to the metaphysical status of morality follows in the skeptical
philosophical tradition, such as that articulated by Greek philosopher Sextus Empiricus, and denies the
objective status of moral values. Technically, skeptics did not reject moral values themselves, but only
denied that values exist as spirit-like objects, or as divine commands in the mind of God. Moral values,
they argued, are strictly human inventions, a position that has since been called moral relativism. There
are two distinct forms of moral relativism. The first is individual relativism, which holds that individual
people create their own moral standards. Friedrich Nietzsche, for example, argued that the superhuman
creates his or her morality distinct from and in reaction to the slave-like value system of the masses. The

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second is cultural relativism which maintains that morality is grounded in the approval of one‘s society –
and not simply in the preferences of individual people. This view was advocated by Sextus, and in more
recent centuries by Michel Montaigne and William Graham Sumner. In addition to espousing skepticism
and relativism, this-worldly approaches to the metaphysical status of morality deny the absolute and
universal nature of morality and hold instead that moral values in fact change from society to society
throughout time and throughout the world. They frequently attempt to defend their position by citing
examples of values that differ dramatically from one culture to another, such as attitudes about polygamy,
homosexuality and human sacrifice.

2.2.1.2. Psychological Issues in Meta ethics

A second area of met ethics involves the psychological basis of our moral judgments and conduct,
particularly understanding what motivates us to be moral. We might explore this subject by asking the
simple question, ―Why be moral?‖ Even if I am aware of basic moral standards, such as don‘t kill and
don‘t steal, this does not necessarily mean that I will be psychologically compelled to act on them. Some
answers to the question ―Why be moral?‖ are to avoid punishment, to gain praise, to attain happiness, to
be dignified, or to fit in with society.

i. Egoism and Altruism

One important area of moral psychology concerns the inherent selfishness of humans. 17 th century British
philosopher Thomas Hobbes held that many, if not all, of our actions are prompted by selfish desires.
Even if an action seems selfless, such as donating to charity, there are still selfish causes for this, such as
experiencing power over other people. This view is called psychological egoism and maintains that self-
oriented interests ultimately motivate all human actions. Closely related to psychological egoism is a view
called psychological hedonism which is the view that pleasure is the specific driving force behind all of
our actions. 18th century British philosopher Joseph Butler agreed that instinctive selfishness and pleasure
prompt much of our conduct. However, Butler argued that we also have an inherent psychological
capacity to show benevolence to others. This view is called psychological altruism and maintains that at
least some of our actions are motivated by instinctive benevolence.

ii. Emotion and Reason

A second area of moral psychology involves a dispute concerning the role of reason in motivating moral
actions. If, for example, I make the statement ―abortion is morally wrong,‖ am I making a rational

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assessment or only expressing my feelings? On the one side of the dispute, 18 th century British
philosopher David Hume argued that moral assessments involve our emotions, and not our reason. We
can amass all the reasons we want, but that alone will not constitute a moral assessment. We need a
distinctly emotional reaction in order to make a moral pronouncement. Reason might be of service in
giving us the relevant data, but, in Hume‘s words, ―reason is, and ought to be, the slave of the passions.‖
Inspired by Hume‘s anti-rationalist views, some 20th century philosophers, most notably A.J. Ayer,
similarly denied that moral assessments are factual descriptions. For example, although the statement ―it
is good to donate to charity‖ may on the surface look as though it is a factual description about charity, it
is not. Instead, a moral utterance like this involves two things. First, I (the speaker) I am expressing my
personal feelings of approval about charitable donations and I am in essence saying ―Hooray for charity!‖
This is called the emotive element insofar as I am expressing my emotions about some specific behavior.
Second, I (the speaker) am trying to get you to donate to charity and am essentially giving the command,
―Donate to charity!‖ This is called the prescriptive element in the sense that I am prescribing some
specific behavior.

From Hume‘s day forward, more rationally-minded philosophers have opposed these emotive theories of
ethics (see non-cognitivism in ethics) and instead argued that moral assessments are indeed acts of reason.
18th century German philosopher Immanuel Kant is a case in point. Although emotional factors often do
influence our conduct, he argued, we should nevertheless resist that kind of sway. Instead, true moral
action is motivated only by reason when it is free from emotions and desires. A recent rationalist
approach, offered by Kurt Baier (1958), was proposed in direct opposition to the ―emotivist and
prescriptivist‖ theories of Ayer and others. Baier focuses more broadly on the reasoning and
argumentation process that takes place when making moral choices. All of our moral choices are, or at
least can be, backed by some reason or justification. If I claim that it is wrong to steal someone‘s car, then
I should be able to justify my claim with some kind of argument. For example, I could argue that stealing
Smith‘s car is wrong since this would upset her, violate her ownership rights, or put the thief at risk of
getting caught. According to Baier, then, proper moral decision making involves giving the best reasons
in support of one course of action versus another.

iii. Male and Female Morality

A third area of moral psychology focuses on whether there is a distinctly female approach to ethics that is
grounded in the psychological differences between men and women. Discussions of this issue focus on
two claims: (1) traditional morality is male-centered, and (2) there is a unique female perspective of the
world which can be shaped into a value theory. According to many feminist philosophers, traditional

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morality is male-centered since it is modeled after practices that have been traditionally male-dominated,
such as acquiring property, engaging in business contracts, and governing societies. The rigid systems of
rules required for trade and government were then taken as models for the creation of equally rigid
systems of moral rules, such as lists of rights and duties. Women, by contrast, have traditionally had a
nurturing role by raising children and overseeing domestic life. These tasks require less rule following,
and more spontaneous and creative action. Using the woman‘s experience as a model for moral theory,
then, the basis of morality would be spontaneously caring for others as would be appropriate in each
unique circumstance. On this model, the agent becomes part of the situation and acts caringly within that
context. This stands in contrast with male-modeled morality where the agent is a mechanical actor who
performs his required duty, but can remain distanced from and unaffected by the situation. A care-based
approach to morality, as it is sometimes called, is offered by feminist ethicists as either a replacement for
or a supplement to traditional male-modeled moral systems.

2.2.2. Normative Ethics

Normative ethics involves arriving at moral standards that regulate right and wrong conduct. In a sense, it
is a search for an ideal litmus test of proper behavior. The Golden Rule is a classic example of a
normative principle: We should do to others what we would want others to do to us. Since I do not want
my neighbor to steal my car, then it is wrong for me to steal her car. Since I would want people to feed
me if I was starving, then I should help feed starving people. Using this same reasoning, I can
theoretically determine whether any possible action is right or wrong. So, based on the Golden Rule, it
would also be wrong for me to lie to, harass, victimize, assault, or kill others. The Golden Rule is an
example of a normative theory that establishes a single principle against which we judge all actions.
Other normative theories focus on a set of foundational principles, or a set of good character traits.

The key assumption in normative ethics is that there is only one ultimate criterion of moral conduct,
whether it is a single rule or a set of principles. Three strategies will be noted here: (1) virtue theories, (2)
duty theories, and (3) consequentiality theories.

2.2.3. Applied Ethics

Applied ethics is the branch of ethics which consists of the analysis of specific, controversial moral issues
such as abortion, animal rights, or euthanasia. In recent years applied ethical issues have been subdivided
into convenient groups (Professional ethics) such as medical ethics, business ethics, environmental ethics,
and sexual ethics. Generally speaking, two features are necessary for an issue to be considered an

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―applied ethical issue.‖ First, the issue needs to be controversial in the sense that there are significant
groups of people both for and against the issue at hand. The issue of drive-by shooting, for example, is
not an applied ethical issue, since everyone agrees that this practice is grossly immoral. By contrast, the
issue of gun control would be an applied ethical issue since there are significant groups of people both for
and against gun control.

2.3 Major Ethical Theories

2.3.1. Virtue Ethics

Many philosophers believe that morality consists of following precisely defined rules of conduct, such as
―don‘t kill,‖ or ―don‘t steal.‖ Presumably, I must learn these rules, and then make sure each of my actions
live up to the rules. Virtue ethics, however, places less emphasis on learning rules, and instead stresses the
importance of developing good habits of character, such as benevolence (see moral character). Once I‘ve
acquired benevolence, for example, I will then habitually act in a benevolent manner. Historically, virtue
theory is one of the oldest normative traditions in Western philosophy, having its roots in ancient Greek
civilization. Plato emphasized four virtues in particular, which were later called cardinal virtues: wisdom,
courage, temperance and justice. Other important virtues are fortitude, generosity, self-respect, good
temper, and sincerity. In addition to advocating good habits of character, virtue theorists hold that we
should avoid acquiring bad character traits, or vices, such as cowardice, insensibility, injustice, and
vanity. Virtue theory emphasizes moral education since virtuous character traits are developed in one‘s
youth. Adults, therefore, are responsible for instilling virtues in the young.

Aristotle argued that virtues are good habits that we acquire, which regulate our emotions. For example,
in response to my natural feelings of fear, I should develop the virtue of courage which allows me to be
firm when facing danger. Analyzing 11 specific virtues, Aristotle argued that most virtues fall at a mean
between more extreme character traits. With courage, for example, if I do not have enough courage, I
develop the disposition of cowardice, which is a vice. If I have too much courage I develop the
disposition of rashness which is also a vice. According to Aristotle, it is not an easy task to find the
perfect mean between extreme character traits. In fact, we need assistance from our reason to do this.
After Aristotle, medieval theologians supplemented Greek lists of virtues with three Christian ones, or
theological virtues: faith, hope, and charity. Interest in virtue theory continued through the middle ages
and declined in the 19th century with the rise of alternative moral theories below. In the mid-20th century
virtue theory received special attention from philosophers who believed that more recent approaches

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ethical theories were misguided for focusing too heavily on rules and actions, rather than on virtuous
character traits. AlasdaireMacIntyre (1984) defended the central role of virtues in moral theory and
argued that virtues are grounded in and emerge from within social traditions.

2.3.2. Duty (Deontology) Theories

Many of us feel that there are clear obligations we have as human beings, such as to care for our children,
and to not commit murder. Duty theories base morality on specific, foundational principles of obligation.
These theories are sometimes called deontological, from the Greek word deon, or duty, in view of the
foundational nature of our duty or obligation. They are also sometimes called non-consequentialist since
these principles are obligatory, irrespective of the consequences that might follow from our actions. For
example, it is wrong to not care for our children even if it results in some great benefit, such as financial
savings. There are four central duty theories.

2.3.2.1. Major Duty Theories

The first is that championed by 17th century German philosopher Samuel Pufendorf, who classified
dozens of duties under three headings: duties to God, duties to oneself, and duties to others. Concerning
our duties towards God, he argued that there are two kinds:

1. Theoretical duty to know the existence and nature of God, and

2. Practical duties to both inwardly and outwardly worship God.

Concerning our duties towards oneself, these are also of two sorts:

1. Duties of the soul, which involve developing one‘s skills and talents, and
2. Duties of the body, which involve not harming our bodies, as we might through gluttony or
drunkenness, and not killing oneself.

Concerning our duties towards others, Pufendorf divides these between absolute duties, which are
universally binding on people, and conditional duties, which are the result of contracts between people.
Absolute duties are of three sorts:

 Avoid wronging others,

 Treat people as equals, and
 Promote the good of others.

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Conditional duties involve various types of agreements; the principal one of which is the duty is to keep
one‘s promises.

A second duty-based approach to ethics is rights theory. Most generally, a ―right‖ is a justified claim
against another person‘s behavior – such as my right to not be harmed by you (see also human rights).
Rights and duties are related in such a way that the rights of one person imply the duties of another
person. For example, if I have a right to payment of $10 by Smith, then Smith has a duty to pay me $10.
This is called the correlativity of rights and duties. The most influential early account of rights theory is
that of 17th century British philosopher John Locke, who argued that the laws of nature mandate that we
should not harm anyone‘s life, health, liberty or possessions. For Locke, these are our natural rights,
given to us by God. Following Locke, the United States Declaration of Independence authored by
Thomas Jefferson recognizes three foundational rights: life, liberty, and the pursuit of happiness.
Jefferson and others rights theorists maintained that we deduce other more specific rights from these,
including the rights of property, movement, speech, and religious expression. There are four features
traditionally associated with moral rights. First, rights are naturalinsofar as they are not invented or
created by governments. Second, they are universalinsofar as they do not change from country to country.
Third, they are equalin the sense that rights are the same for all people, irrespective of gender, race, or
handicap. Fourth, they are inalienablewhich means that I cannot hand over my rights to another person,
such as by selling myself into slavery.

A third duty-based theory is that by Kant, which emphasizes a single principle of duty. Influenced by
Pufendorf, Kant agreed that we have moral duties to oneself and others, such as developing one‘s
talents, and keeping our promises to others. However, Kant argued that there is a more foundational
principle of duty that encompasses our particular duties. It is a single, self-evident principle of reason that
he calls the ―categorical imperative.‖ A categorical imperative, he argued, is fundamentally different from
hypothetical imperatives that hinge on some personal desire that we have, for example, ―If you want to
get a good job, then you ought to go to college.‖ By contrast, a categorical imperative simply mandates an
action, irrespective of one‘s personal desires, such as “You ought to do X.”

Kant gives at least four versions of the categorical imperative, but one is especially direct: Treat people as
an end, and never as a means to an end. That is, we should always treat people with dignity, and never use
them as mere instruments. For Kant, we treat people as an end whenever our actions toward someone
reflect the inherent value of that person. Donating to charity, for example, is morally correct since this
acknowledges the inherent value of the recipient. By contrast, we treat someone as a means to an end
whenever we treat that person as a tool to achieve something else. It is wrong, for example, to steal my

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neighbor‘s car since I would be treating her as a means to my own happiness. The categorical imperative
also regulates the morality of actions that affect us individually. Suicide, for example, would be wrong
since I would be treating my life as a means to the alleviation of my misery. Kant believes that the
morality of all actions can be determined by appealing to this single principle of duty.

A fourth and more recent duty-based theory is that by British philosopher W.D. Ross, which emphasizes
prima facie duties. Like his 17th and 18th century counterparts, Ross argues that our duties are ―part of
the fundamental nature of the universe.‖ However, Ross‘s list of duties is much shorter, which he believes
reflects our actual moral convictions:

 Fidelity: the duty to keep promises

 Reparation: the duty to compensate others when we harm them
 Gratitude: the duty to thank those who help us
 Justice: the duty to recognize merit
 Beneficence: the duty to improve the conditions of others
 Self-improvement: the duty to improve our virtue and intelligence
 Non-maleficence: the duty to not injure others

Ross recognizes that situations will arise when we must choose between two conflicting duties. In a
classic example, suppose I borrow my neighbor‘s gun and promise to return it when he asks for it. One
day, in a fit of rage, my neighbor pounds on my door and asks for the gun so that he can take vengeance
on someone. On the one hand, the duty of fidelity obligates me to return the gun; on the other hand, the
duty of non-maleficence obligates me to avoid injuring others and thus not return the gun. According to
Ross, I will intuitively know which of these duties my actual duty is, and which my apparent or prima
facie duty is. In this case, my duty of non-maleficence emerges as my actual duty and I should not return
the gun.

2.3.3. Consequentialist/Teleological Theories

In the 18th century British philosopher Jeremy Bentham founded the ethical, legal, and political doctrine
of utilitarianism, which states that correct actions are those that result in the greatest happiness for the
greatest number of people. The utilitarian principle of holds that ―actions are right in proportion as they
tend to promote happiness; wrong as they tend to produce the reverse of happiness. By happiness is
intended pleasure and the absence of pain; by unhappiness, pain and the privation of pleasure.‖According
to consequentialism, correct moral conduct is determined solely by a cost-benefit analysis of an action‘s

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consequences. Accordingly, an action is morally right if the consequences of that action are more
favorable than unfavorable.

Consequentialist normative principles require that we first tally both the good and bad consequences of an
action. Second, we then determine whether the total good consequences outweigh the total bad
consequences. If the good consequences are greater, then the action is morally proper. If the bad
consequences are greater, then the action is morally improper. Consequentialist theories are sometimes
called teleological theories, from the Greek word telos, or end, since the end result of the action is the sole
determining factor of its morality.

Consequentialist theories became popular in the 18th century by philosophers who wanted a quick way to
morally assess an action by appealing to experience, rather than by appealing to gut intuitions or long lists
of questionable duties. In fact, the most attractive feature of consequentialism is that it appeals to publicly
observable consequences of actions. Most versions of consequentialism are more precisely formulated
than the general principle above. In particular, competing consequentialist theories specify which
consequences for affected groups of people are relevant. Three subdivisions of consequentialism emerge:

Ethical Egoism: an action is morally right if the consequences of that action are more favorable than
unfavorable only to the agent performing the action.

Ethical Altruism: an action is morally right if the consequences of that action are more favorable than
unfavorable to everyone except the agent.

Utilitarianism: an action is morally right if the consequences of that action are more favorable than
unfavorable to everyone.

All three of these theories focus on the consequences of actions for different groups of people. But, like
all normative theories, the above three theories are rivals of each other. They also yield different
conclusions. Consider the following example. A woman was traveling through a developing country
when she witnessed a car in front of her run off the road and roll over several times. She asked the hired
driver to pull over to assist, but, to her surprise, the driver accelerated nervously past the scene. A few
miles down the road, the driver explained that in his country if someone assists an accident victim, then
the police often hold the assisting person responsible for the accident itself. If the victim dies, then the
assisting person could be held responsible for the death. The driver continued explaining that road
accident victims are therefore usually left unattended and often die from exposure to the country‘s harsh

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desert conditions. On the principle of ethicalegoism, the woman in this illustration would only be
concerned with the consequences of her attempted assistance as she would be affected. Clearly, the
decision to drive on would be the morally proper choice. On the principle of ethical altruism, she would
be concerned only with the consequences of her action as others are affected, particularly the accident
victim. Tallying only those consequences reveals that assisting the victim would be the morally correct
choice, irrespective of the negative consequences that result for her. On the principle of utilitarianism, she
must consider the consequences for both herself and the victim. The outcome here is less clear, and the
woman would need to precisely calculate the overall benefit versus disbenefit of her action.

i. Types of Utilitarianism

Jeremy Bentham presented one of the earliest fully developed systems of utilitarianism. Two features of
his theory are noteworthy. First, Bentham proposed that we tally the consequences of each action we
perform and thereby determine on a case by case basis whether an action is morally right or wrong. This
aspect of Bentham‘s theory is known as act-utilitarianism. Second, Bentham also proposed that we tally
the pleasure and pain which results from our actions. For Bentham, pleasure and pain are the only
consequences that matter in determining whether our conduct is moral. This aspect of Bentham‘s theory is
known as hedonistic utilitarianism. Critics point out limitations in both of these aspects.

First, according to act-utilitarianism, it would be morally wrong to waste time on leisure activities such as
watching television, since our time could be spent in ways that produced a greater social benefit, such as
charity work. But prohibiting leisure activities doesn‘t seem reasonable. More significantly, according to
act-utilitarianism, specific acts of torture or slavery would be morally permissible if the social benefit of
these actions outweighed the disbenefit.

A revised version of utilitarianism called rule-utilitarianism addresses these problems. According to rule-
utilitarianism, a behavioral code or rule is morally right if the consequences of adopting that rule are more
favorable than unfavorable to everyone. Unlike act utilitarianism, which weighs the consequences of each
particular action, rule-utilitarianism offers a litmus test only for the morality of moral rules, such as
―stealing is wrong.‖ Adopting a rule against theft clearly has more favorable consequences than
unfavorable consequences for everyone. The same is true for moral rules against lying or murdering.
Rule-utilitarianism, then, offers a three-tiered method for judging conduct. A particular action, such as
stealing my neighbor‘s car, is judged wrong since it violates a moral rule against theft. In turn, the rule
against theft is morally binding because adopting this rule produces favorable consequences for everyone.
John Stuart Mill’s version of utilitarianism is rule-oriented.

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Second, according to hedonistic utilitarianism, pleasurable consequences are the only factors that matter,
morally speaking. This, though, seems too restrictive since it ignores other morally significant
consequences that are not necessarily pleasing or painful. For example, acts which foster loyalty and
friendship are valued, yet they are not always pleasing. In response to this problem, G.E. Moore proposed
ideal utilitarianism, which involves tallying any consequence that we intuitively recognize as good or bad
(and not simply as pleasurable or painful). Also, R.M. Hare proposed preference utilitarianism, which
involves tallying any consequence that fulfills our preferences.

ii. Egoism

The word ―Egoism‘ comes from Greek word ‗ego‘, ‗I‘ and therefore, literally, ‗I-ism‘. The central
concern of egoism is the ‗self‘ as the beginning and of all consideration.

Generally, in egoism, self-interest is the nucleus or central for every ethical action or decision. In other
words, what is right and wrong is to be decided on the basis of the interest of every egoist individual. On
the basis of the above two views, egoism can be taken two forms,

1. The psychological egoism

2. The ethical egoism
1. The psychological Egoism

The psychological Egoism is motivated out of self-interests and aims at self-satisfaction. It is also
doctrine about human nature, claiming that everyone by nature motivated primarily his or her own
interests. The main moral argument of the psychological egoism indicated in the table below.

According to psychological egoism, people always seeks one’s own advantage or self interest, or always
does what he thinks will give him the greatest balance of good over evil. This means also that “self-love’
is the only basic “principle” in human nature. The ‘ego-satisfaction” is the final aim of all activity or that”
the pleasure principle”. Self love is the basic ethical principle

The psychological egoism theory criticized from the moral points view as it is discussed below.

1. For psychological egoism, one may derive self-satisfaction and rightfulness. But, the core
question in relation to this view is that ―How are we known what motivates people?‖ we cannot
just assume that people are acting for the sake of self-satisfaction. For example, people

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themselves are not always the best judge of what motivates them. It is true that we commonly
hear or say to ourselves, I don‘t know why I did that‖
2. It is difficult to prove theory of psychological egoism. Even if it were shown that we often act for
the sake of our interests, this is not enough to prove that psychological egoism is true.
It is true that we are selfish (a psychological egoism claim). But, it is difficult to conclude that we should
be selfish.

2. Ethical Egoism

 Ethical egoism maintains that each of us should look at only at the consequences that affect us. If
views that each person ought to perform those actions that contribute most to his or her own self-
interest.

Ethical egoism is a normative theory. It is a theory about what ought to do, how we ought to act as
with psychological egoism.

Ethical egoism has two forms.

A. Individual B. universal ethical egoism.

2.5. A Brief on Applied and Professional Ethics

Applied ethics is the branch of ethics which consists of the analysis of specific, controversial moral issues
such as abortion, animal rights, or euthanasia. In recent years applied ethical issues have been subdivided
into convenient groups (Professional ethics) such as medical ethics, business ethics, environmental ethics,
and sexual ethics. Generally speaking, two features are necessary for an issue to be considered an
―applied ethical issue.‖

First, the issue needs to be controversial in the sense that there are significant groups of people both for
and against the issue at hand. The issue of drive-by shooting, for example, is not an applied ethical issue,
since everyone agrees that this practice is grossly immoral. By contrast, the issue of gun control would be
an applied ethical issue since there are significant groups of people both for and against gun control.

Second, it must be a distinctly moral issue. On any given day, the media presents us with an array of
sensitive issues such as affirmative action policies, gays in the military, involuntary commitment of the

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mentally impaired, capitalistic versus socialistic business practices, public versus private health care
systems, or energy conservation. Although all of these issues are controversial and have an important
impact on society, they are not all moral issues. Some are only issues of social policy. The aim of social
policy is to help make a given society run efficiently by devising conventions, such as traffic laws, tax
laws, and zoning codes. Moral issues, by contrast, concern more universally obligatory practices, such as
our duty to avoid lying, and are not confined to individual societies. Frequently, issues of social policy
and morality overlap, as with murder which is both socially prohibited and immoral. However, the two
groups of issues are often distinct. For example, many people would argue that sexual promiscuity is
immoral, but may not feel that there should be social policies regulating sexual conduct, or laws
punishing us for promiscuity. Similarly, some social policies forbid residents in certain neighborhoods
from having yard sales. But, so long as the neighbors are not offended, there is nothing immoral in itself
about a resident having a yard sale in one of these neighborhoods. Thus, to qualify as an applied ethical
issue, the issue must be more than one of mere social policy: it must be morally relevant as well.

In theory, resolving particular applied ethical issues should be easy. With the issue of abortion, for
example, we would simply determine its morality by consulting our normative principle of choice, such
as act-utilitarianism. If a given abortion produces greater benefit than disbenefit, then, according to act-
utilitarianism, it would be morally acceptable to have the abortion. Unfortunately, there are perhaps
hundreds of rival normative principles from which to choose, many of which yield opposite conclusions.
Thus, the stalemate in normative ethics between conflicting theories prevents us from using a single
decisive procedure for determining the morality of a specific issue. The usual solution today to this
stalemate is to consult several representative normative principles on a given issue and see where the
weight of the evidence lies.

Normative Principles in Applied Ethics

Arriving at a short list of representative normative principles is itself a challenging task. The principles
selected must not be too narrowly focused, such as a version of act-egoism that might focus only on an
action‘s short-term benefit. The principles must also be seen as having merit by people on both sides of an
applied ethical issue. For this reason, principles that appeal to duty to God are not usually cited since this
would have no impact on a nonbeliever engaged in the debate. The following principles are the ones most
commonly appealed to in applied ethical discussions:

 Personal benefit: acknowledge the extent to which an action produces beneficial consequences
for the individual in question.

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 Social benefit: acknowledge the extent to which an action produces beneficial consequences for
society.
 Principle of benevolence: help those in need.
 Principle of paternalism: assist others in pursuing their best interests when they cannot do so
themselves.
 Principle of harm: do not harm others.
 Principle of honesty: do not deceive others.
 Principle of lawfulness: do not violate the law.
 Principle of autonomy: acknowledge a person‘s freedom over his/her actions or physical body.
 Principle of justice: acknowledge a person‘s right to due process, fair compensation for harm
done, and fair distribution of benefits.
 Rights: acknowledge a person‘s rights to life, information, privacy, free expression, and safety.

The above principles represent a spectrum of traditional normative principles and are derived from both
consequentiality and duty-based approaches. The first two principles, personal benefit and social benefit,
are consequentiality since they appeal to the consequences of an action as it affects the individual or
society. The remaining principles are duty-based. The principles of benevolence, paternalism, harm,
honesty, and lawfulness are based on duties we have toward others. The principles of autonomy, justice,
and the various rights are based on moral rights.

An example will help illustrate the function of these principles in an applied ethical discussion. In 1982, a
couple from Bloomington, Indiana gave birth to a baby with severe mental and physical disabilities.
Among other complications, the infant, known as Baby Doe, had its stomach disconnected from its throat
and was thus unable to receive nourishment. Although this stomach deformity was correctable through
surgery, the couple did not want to raise a severely disabled child and therefore chose to deny surgery,
food, and water for the infant. Local courts supported the parents‘ decision, and six days later Baby Doe
died. Should corrective surgery have been performed for Baby Doe? Arguments in favor of corrective
surgery derive from the infant‘s right to life and the principle of paternalism which stipulates that we
should pursue the best interests of others when they are incapable of doing so themselves. Arguments
against corrective surgery derive from the personal and social disbenefit which would result from such
surgery. If Baby Doe survived, its quality of life would have been poor and in any case it probably would
have died at an early age. Also, from the parent‘s perspective, Baby Doe‘s survival would have been a
significant emotional and financial burden. When examining both sides of the issue, the parents and the
courts concluded that the arguments against surgery were stronger than the arguments for surgery. First,

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foregoing surgery appeared to be in the best interests of the infant, given the poor quality of life it would
endure. Second, the status of Baby Doe‘s right to life was not clear given the severity of the infant‘s
mental impairment. For, to possess moral rights, it takes more than merely having a human body: certain
cognitive functions must also be present. The issue here involves what is often referred to as moral
personhood, and is central to many applied ethical discussions.

Issues in Applied Ethics

As noted, there are many controversial issues discussed by ethicists today, some of which will be briefly
mentioned here.

Biomedical ethics: focuses on a range of issues which arise in clinical settings. Health care workers are in
an unusual position of continually dealing with life and death situations. It is not surprising, then, that
medical ethics issues are more extreme and diverse than other areas of applied ethics. Prenatal issues arise
about the morality of surrogate mothering, genetic manipulation of fetuses, the status of unused frozen
embryos, and abortion. Other issues arise about patient rights and physician‘s responsibilities, such as the
confidentiality of the patient‘s records and the physician‘s responsibility to tell the truth to dying patients.
The AIDS crisis has raised the specific issues of the mandatory screening of all patients for AIDS, and
whether physicians can refuse to treat AIDS patients. Additional issues concern medical experimentation
on humans, the morality of involuntary commitment, and the rights of the mentally disabled. Finally, end
of life issues arise about the morality of suicide, the justifiability of suicide intervention, physician
assisted suicide, and euthanasia.

Business ethics: examines moral controversies relating to the social responsibilities of capitalist business
practices, the moral status of corporate entities, deceptive advertising, insider trading, basic employee
rights, job discrimination, affirmative action, drug testing, and whistles blowing.

Environmental ethics: often overlap with business and medical issues, deals with the rights of animals,
the morality of animal experimentation, preserving endangered species, pollution control, management of
environmental resources, whether eco-systems are entitled to direct moral consideration, and our
obligation to future generations.

Sexual morality: include monogamy versus polygamy, sexual relations without love, homosexual
relations, and extramarital affairs. Finally, there are issues of social morality which examine capital
punishment, nuclear war, gun control, the recreational use of drugs, welfare rights, and races

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Professional Ethics (Project Work)

Before trying to deal with professional ethics, it is necessary to define or disengage profession from other
occupations. It is in fact difficult to provide the underlined definition of profession and professionals.
Thus, many authors instead prefer to identify some features that can be taken as necessary for occupation
to be a profession. These are:

(i) Extensive training for a long period, and in particular field. Thus, a person who has
completed high school cannot be called a professional for the reason that there is no
specialization at high school.
(ii) The training must involve significant intellectual component. It must enrich
mental faculties of the trainee, and that also requires calibre to undergo such training.
Training for drivers mechanics, carpenters etc. does not involve intellectual so that
they cannot be called proffesionals.
(iii) Community service: Person who have undergone through extensive training
involving intellectual component provides services to the organized functioning of
society. Modern complex society requires the service of professionals such as,
teachers, physicians, engineers and lawyers.

In addition, there are features common to most profession but these features are not necessary for an
occupation to be a profession. They include process of certification or licensing, organization of members
and autonomy of the professional in his or her work.

Profession can literally be defined as a vocation requiring advanced training and education, while
professional is a person who belongs to a learned profession or whose occupation requires high level
training and proficiency.

Professional ethics, therefore, is concerned with the moral obligations and responsibilities expected from
office holders and professionals. It deals about the specific and general guide line that should be followed
and exhibited by every profession and office holders. Now a day, having a degree or diploma is not
sufficient to satisfy the customers and achieve the objective of the employer. Workers/ employees are
expected to perform their jobs with a sense of responsibility and professionalism. Some types of
professional ethics are: Business ethics, Engineering ethics, Computer ethics, Media ethics, Bio-medical
ethics, Legal ethics, Research ethics etc...

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Chapter Three

Society, State and Government

3.1. The Concept of Society

3.1.1. Definition

The term society is derived from a Latin word socius. The term directly means association,
togetherness, gregariousness, or simply group life. The concept of society refers to a relatively
large grouping or collectivity of people who share more or less common and distinct culture,
occupying a certain geographical locality, with the feeling of identity or belongingness, having
all the necessary social arrangements or insinuations to sustain itself.

Calhoun et al (1994): defined Society as "A society is an autonomous grouping of people who
inhabit a common territory, have a common culture (shared set of values, beliefs, customs and so
forth) and are linked to one another through routinized social interactions and interdependent
statuses and roles." Society also may mean a certain population group, a community. The
common tendency in sociology has been to conceptualize society as a system, focusing on the
bounded and integrated nature of society. Great founders of sociology had also focused on the
dynamic aspect of society. Such early sociologists as Comte, Marx and Spencer grasped the
concept of society as a dynamic system evolving historically and inevitably towards complex
industrial structures (Swingwood, 1991:313).

The common tendency in sociology has been to conceptualize society as a system, focusing on
the bounded and integrated nature of society. But in recent years such an approach has been
criticized. Contemporary sociologists now frequently use the network conception of society. This
approach views society as overlapping, dynamic and fluid network of economic, political,
cultural and other relations at various levels. Such a conception is analytically more powerful
and reflects the reality especially in the context of modern, globalizing world.

3.1.2. Basic Features of a Society

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First, a society is usually a relatively large grouping of people in terms of size. In a very
important sense, thus, society may be regarded as the largest and the most complex social group
that sociologists study.

Second, as the above definition shows, the most important thing about a society is that its
members share common and distinct culture. This sets it apart from the other population groups.
Third, a society also has a definite, limited space or territory. The populations that make up a
given society are thus locatable in a definite geographical area. The people consider that area as
their own.

Fourth, the people who make up a society have the feeling of identity and belongingness. There
is also the feeling of oneness. Such identity felling emanates from the routinized pattern of social
interaction that exists among the people and the various groups that make up the society.

Fifth, members of a society are considered to have a common origin and common historical
experience. They feel that they have also common destiny.

Sixth, members of a society may also speak a common mother tongue or a major language that
may serve as a national heritage.

Seventh, a society is autonomous and independent in the sense that it has all the necessary social
institutions and organizational arrangements to sustain the system. However, a society is not an
island, in the sense that societies are interdependent. There has always been inter– societal
relations. People interact socially, economically and politically.

It is important to note that the above features of a society are by no means exhaustive and they
may not apply to all societies. The level of a society‘s economic and technological development,
the type of economic or livelihood system a society is engaged in, etc may create some variations
among societies in terms of these basic features.

3.1.3. Conceptualizing Society at Various Levels

As indicated above, in a general sense and at an abstract level, all people of the earth may be
considered as a society. The earth is a common territory for the whole world's people. All people
of the earth share common origin; inhabit common planet; have common bio psychological

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unity; and exhibit similar basic interests, desires and fears; and are heading towards common
destiny (Calhoun, et al., 1994).

At another level, every continent may be considered as a society. Thus, we may speak of the
European society, the African society, the Asian society, the Latin American society, etc. This
may be because, each of these continents share its own territory, historical experiences, shared
culture, and so on.

At a more practical level, each nation-state or country is regarded as a society. For example, the
people of Ethiopia or Kenya, Japan are considered as a society. Going far farther still, another
level of society is that within each nation-state, there may be ethno linguistically distinct groups
of people having a territory that they consider as their own. They are thus societies in their own
right. Some Such society may extend beyond the boundaries of nation-states. Example, the
Borana Oromo inhabit in both Ethiopia and Kenya.

3.1.4. Types or Categories of Societies

Sociologists classify societies into various categories depending on certain criteria. One such
criterion is level of economic and technological development attained by countries. Thus, the
countries of the world are classified as First World, Second World, and Third World; First World
Countries are those which are highly industrially advanced and economically rich, such as the
USA, Japan, Britain, France, Italy, Germany, and Canada and so on. The Second World
Countries are also industrially advanced but not as much as the first category. The Third World
societies are thus which are least developed, or in the process of developing. Some writers add a
fourth category, namely, Fourth World countries. These countries may be regarded as the
"poorest of the poor" (Giddens, 1996).

Another important criterion for classifying societies may be that which takes into account
temporal succession and the major source of economic organization (Lensiki and Lensiki, 1995).
When societies modernize they transform from one form to another. The simplest type of society
that is in existence today and that may be regarded the oldest is that whose economic
organization is based on hunting and gathering. They are called hunting and gathering societies.
This society depends on hunting and gathering for its survival. The second types are referred to
as pastoral and horticultural societies. Pastoral societies are those whose livelihood is based on

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pasturing of animals, such as cattle, camels, sheep and goats. Horticultural societies are those
whose economy is based on cultivating plants by the use of simple tools, such as digging sticks,
hoes, axes, etc.

The third types are agricultural societies. This society, which still is dominant in most parts of
the world, is based on large-scale agriculture, which largely depends on ploughs using animal
labor. The Industrial Revolution which began in Great Britain during 18th century, gave rise to
the emergence of a fourth type of society called the Industrial Society. An industrial society is
one in which goods are produced by machines powered by fuels instead of by animal and human
energy (Ibid.). Sociologists also have come up with a fifth emerging type of society called post-
industrial society. This is a society based on information, services and high technology, rather
than on raw materials and manufacturing. The highly industrialized which have now passed to
the post-industrial level include the USA, Canada, Japan, and Western Europe.

The major difference between state and society

No State Society

State
1. came into existence after the origin of Society is prior to the state.
1 the society.

2 The violation of the laws of the state is The violation of the norms of the society followed
followed by legal punishment by
social sanction, i.e. social exclusion.

3 The state exists for the society as a means for Society is an end by itself
its end
4 an artificial institution-it was made when it a natural and an innate institution
was needed
5. State is not broader and narrower. Society is both broader and narrower than the
State.

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6. State has fixed territory. Society has no fixed territory.

7. State is a political organization. Society is a social organization.

8. The state has power to enforce laws. Society has no power to enforce laws.

3. 2. State
State is a politically organized society/entity or political system. It refers to all institutions, agencies and
agents that operate within a given territorial space, have legitimate power over us and can utilize its
power.

States can be generally classified into traditional and modern states;

Traditional states are those empire states which had vast territory and population under their rules. As the
territories were vast, the rules, even, did not exactly know the boundaries and even the compositions and
the size of the people were beyond the knowledge of the king. Frontiers, rather than fixed borders served
as boundaries. There hardly was a sovereign political body in most cases the king did not have exclusive
control over the citizens as the religious leaders or pops had intruding role in the society.

The birth of modern states traced back to 17th century Europe most states of the present Europe are born
from the collapse of the European Empires. Particularly, Westphalia peace treaty or the year 1648 that
brought to an end the 30 years‘ war laid down a foundation for the emergence of modern nations in
Europe. Moreover, Vienna congress, European Concert, Berlin Conference and International institutional
innovations of 20thc have contributed a lot. In Africa the present states, with exception of Ethiopia and
Liberia are the results of decolonization processes.

State has the following compulsory elements without which it cannot exist:

A. Population: this refers to people who are residing within certain area. No minimum number
is required to constitute population of a state but must certainly be great enough. As far as the

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number of people constituting a given state has not yet decided the size of people whether it
is too large such as that of China or too small like that of Vatican cannot determine the
existence of a given state. That is, there are states with large number of people and other
states with small number of people: whatsoever the number of people there may be, there are
states in this world.
B. Territory: is another essential element of state referring to an area or a certain portion of
earth‘s surface, which is internationally delineated or demarcated and on which people of a
state are expected to permanently reside. Once people are mandatory for survival of the state
there must be an internationally bounded area on which they must settle. According to J.C
Johari, an area devoid of population, or, temporarily traversed or settled by people cannot be
a territory; that is, it should be permanently settled. Territory of a state consists of the land
bodies, water bodies and their resources, and the airspaces exactly above the area of the state.
No state should have the right to claim up on the territory of another state.
C. Government: is the agency or machinery of state exercising both internal and external aspects of
sovereignty on behalf of the state. Since state is an abstract entity, government undertakes both
internal and external functions in the name of the state. It is the element that has put an end to the
prevalence of chaotic and disordered nature of society. It represents the three organs/branches; it
maintains order, give service and carryout international obligations.
D. Sovereignty: this means state is supreme, highest and most powerful organization of society. It
signifies the ultimate or supreme authority of the state in both its internal and external affairs.
That means it has legitimacy to exercise power internally and externally. The state would not
compromise its authority to any supreme entity both internally and externally: because it implies
that there is no power and authority which is beyond and above that of the state. Since a state is
sovereign it determines its own form of government, economic systems, domestic and foreign
policies, and on all matters of its own. It possesses power monopoly and determines how this
power shall be exercised in a country. It is sole bearer of emporium & final source of laws. It
cannot have rivals as a law making power and an object of allegiance. It is subject to no other
power above itself whatsoever. It is also recognized to interact with other states on equal status.
There is also fifth element of state called Recognition. Like the above four elements Recognition is not
compulsory. Rather it is supplementary element of the state. International recognition is simply an
external acceptance of a newly emerging independent state by other states in the world. New states can

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emerge either through disintegration (when one state split (come apart) into two or more states) or
through merging/coming together. It is for these newly emerged that recognition should be conveyed.
Recognition is a political act; to mean it depends on the interest of a recognizing state. That is why
recognition is an accessory not necessary element. It is very important to be recognized, but it cannot
determine the legal existence of a given state in this real world. That is, a state can exist without getting
international recognition. Take for example, Somaliland; it exists as a state but not international
recognition is conferred to it. You can also take Israel. Most Arab countries do not recognize Israel as a
sovereign state for political reasons. But Israel is a State.

3. 2. 2. Origin and historical development

Since about 5000 B.C., facilitated transition to crop cultivation and surplus production have led to large-
scale state systems development in Tigris, Euphrates, Huwang Ho, Yangtze, Indus, Ganges and Nile
valleys. Embryonic foundations of state and principles of politics also linked to ancient Greek city states
(polis). Greeks political system was constantly nourished by philosophers one of whom was Aristotle
whose work contributed much to theories and practices of state systems. There are many contending
theories on the origin of state.

A. Natural/Evolutionary theory: This is sometimes named as Genetic theory, which is a theory that
considers the state as natural to organized and settled social life. It claims that the state gradually evolved
from out of earlier forms of settled human communities, such as the family, the clan and the tribe. That is,
state is the product of the natural or gradual expansion of the family.

B. Divine Right Theory: This is perhaps the oldest/earliest theory concerning the origin of the state. It
claims that the state to be of a divine creation. That is, the state is considered as an institution created by
God, and rulers were regarded as the representatives or vice reagents of God on the earth. It is the will of
God that in human society some are born to rule while others are born to be ruled. Moreover, this theory
asserts that the social order, in which the position of the individual is determined hierarchically on the
basis of the birth, was God-given and thus immutable. There is hereditary succession of authority of the
rulers who should be held responsible for and accountable to God only, not to people.

The rulers, particularly kings, considered themselves and their male descendants to be elect of God to rule
over the rest of the society whom they considered as subjects, not citizens. This was predominantly used
by the feudal emperors in Europe during the middle ages. Even in Ethiopian context in the contemporary
period you can take as example that of HaileSelassie‘s government. In short, the point here is that the will
of God is the source for creation of state and authority of the rulers.

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C. Force Theory: This theory associates the emergence of the state to wars and conflicts (i.e., inter-
communal or inter-societal) that have been endemic in history of human beings. According to this, the
state is the result of naked force applied by the stronger over the weak. That is, wars of conquest resulted
in the occupation of more and more territories and lead to the creation of the state. This theory argues that
warfare or military might and physical strength plays a defining role in the formation and continued
sustenance of the state: state is an entity created by the use of physical force. The establishment of the
state is done through the process of conquest, subjugation and coercion of the weak by the strong. In other
words “might (force) make right‖ lies the ground for establishment of state in this theory.

D. Social Contract theory: This theory argued that state is an artificial creation based on the contract or
agreement among the people at large. This theory came into being in the 16th, 17th, and 18th centuries
whose strong ground of argument was the doctrine of popular sovereignty. The social contract theory
was developed in the age of revolutions in the fight against the rule of non-democratic systems in general
and against absolute monarchies in particular. According to this theory, the source for establishment of
the state is the consent (will) of the people and hence the main purpose of such state is to protect and
safeguard the inalienable rights of the people such as the right to life, liberty, and property. It firmly
advocated popular sovereignty, limited government and individual rights. Though it gave priority to
individuals over society as its limitation, this theory is currently operational in international politics. Its
exponents were the British political thinkers like Thomas Hobbes (1588-1679) and John Locke (1632-
1704), and the French thinker Jean – Jacques Rousseau (1712-1778). They were great thinkers who
contributed much to the development of contemporary democratic political system.

E. The Marxist Theory: according to this theory, historically, state originated from the split of society
into social classes with sharp & polarized economic interests. This is more of intra-societal war carried
out between classes. Particularly, Karl Marx popularized this view by analyzing the state as an agency of
class warfare by which the capitalist classes control the working classes. In other words, the state was
originated from the split of society into social classes with sharp and polarized economic interests. The
formation of social classes is associated with emergence of private property. According to this theory,
State stands for the interests of the rich against the poor. That means the state in its function is a partisan
political organization that stands for the interests of the rich against the poor. Therefore, the supporters of
this theory suggest that with historical process of disappearance of private property and antagonistic
social classes, state will wither away. Thus, an envisioned Social system, (communism) where everybody
will be equal and all have whatever they want would prevail.

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3. 2. 3. Structure of State: Structures of state refer to forms of state indicating the nature and distribution
of power and authority at various levels or tiers of government. Here, therefore, in view of the nature and
distribution of political power and authority, one may broadly classify states into three structures: namely,
Unitary, Federal and Confederal.

A. Unitary: Generally speaking, unitary state is a form of state in which the nature of political power is
highly centralized at the centre up on the national government. National government is the central unit
upon which constitutionally all political powers are usually centralized to carry out all administrative
affairs on the behalf of the state. Accordingly, legislative authority is only vested in the national
government.

Legislative authority is simply an authority legally given to state agency to enact or make constitution or
law. And, this authority is only of the national unit in most unitary form of state and hence, the
expectation is that there is constitution only at the national level. That is, all administrative policies and
principles originate only from the center. This is because no shared legislative authority to regional units.

The source of establishment of regional units and their legal existence depend upon the interest/will of the
central government. Having established them, the central government can grant them certain power and
authority. So, in unitary state there will be only one source of creation and power for regional
governments, that is the central government. This indicates that there are no authorities and powers left to
local units that they can independently exercise from the central government.

Whatever activity the local units going to perform should first be commanded from the center from where
most policies and decisions are shaped and sent down to local units. In this case, local/regional units have
no independent decision making power and authority at least for some particular matters of their own. In
unitary states the justification or the rationale for the existence of local/regional units is just to serve as an
administrative agent of the central government and they are considered as a means to the central
government to have a reach to local areas or to facilitate smooth administration there. This means they
are created just to bring administrative convenience for the government. The other point is that the
existence of the local units in unitary states is dependent up on the will of the central government. The
national government can at any time reduce their power, or diminish it or even end their existence.
Therefore, these regional or local units are highly subordinated or subservient to only the will of the
national government: that is, they feel inferior to the center while the latter feels superior to them.

Some major advantageous parts of the unitary state structure include:

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 it plays a great role in uniformity of decisions, political activities and services;

 Uniformity of laws, rules and policies and

 Emphasizes on equal access to public services and resources for all units; etc.
Some of the weaknesses of the unitary state structure are:

 Effective administration may be difficult;

 Doesn‘t encourage participation at the grass root levels;

 Not effective in managing cultural diversities;
 Inter-regional competition may not be encouraged;
 Due to centralization of power at the centre there may be misuse of power… etc.

B. Federalism:

Federalism also referred to as federal government, a national or international political system in which
two levels of government control the same territory and citizens. The word federal comes from the Latin
term fidere, meaning “to trust.‖ Countries with federal political systems have both a central government
and governments based in smaller political units, usually called states, regions, provinces, or territories.
These smaller political units surrender some of their political power to the central government, relying on
it to act for the common good. There is constitutional decentralization of power from the centre to the
regional governments (i.e. devolution of power), and hence both the centre and regions have certain
independent spheres of authority to make decisions independently of each other. That is, unlike the
unitary, the source of creation and powers of both the federal (national or central) government and of the
regions are the constitution. This poses limit on the extent of power to be enjoyed by the central unit and
distributes power to the federated units to allow them decide on their specific affairs. Accordingly, there
are two levels or tiers of government, or federal state is composed of two federated units, in between
which legislative authority is constitutionally shared.

In a federal system, laws are made both by state, provincial, or territorial governments and by a central
government .This provides a mechanism which units separate polities allowing each polity to maintain its
fundamental integrity. Consequently, dual subjectivity is one of the central features of the federal states.
In other words, citizens in federal state should observe both the federal constitution and the regional
constitution to which they belong. This is primarily attributable to the shared or legally divided legislative
authority between both the central and regional units.

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It is a covenant between pre-existing groups and federal government. Power of federating units and
federal are clearly stated by constitution which cannot be changed without agreement of the two and
power is shared between the two. Powers and functions of sub-territorial governments are recognized.
Each level of government can make final decisions with respect to its area without federal permission.
All regions may have their own constitution, flag, police force, anthem etc. However, some functions like
foreign policy, national defense, international trade and currency are considered as central government
functions which need uniformity. Unlike the unitary, in federal system there is no as such a sort of
superior – subordinated relationship between the central and regional units; rather a kind of collaborative
(cooperative) relationship is expected as a crucial feature of federal form of state.

It is a theoretical establishment that a federal state is known of decentralizing state power from the centre
to regional/local units, which is termed as devolution. The following are some sets of powers in a federal
arrangement of state.

Exclusive power - is a power which is granted constitutionally either to the federal or regional
governments to perform different tasks independently of each other. That is, there are certain national
matters or activities to be independently carried out by national government using this exclusive power;
and there are certain regional matters or activities to be undertaken only by the regional governments
independently of the national using such exclusive power.

Concurrent power: - this is common power granted to both governments to be exercised in performing
the same activities by coming together cooperatively.

Residual power: - refers to all powers out of the jurisdiction of the federal government, which are not
explicitly stated in a constitution and usually granted to the regional governments.

Some major advantages of federal state are:

 Its ability to manage diversity: it is very much applicable to multi ethnic

Societies as a means of compromising their interest;

 Reflects the interest of the people in the local areas because they are authorized to make
decision for themselves;

 It enables to manage large territory and population;

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 Healthy competition among regional units helps to reinforce development;

 Eases the burden from the centre; and, the like.
Some of the disadvantageous parts of federal form of state include:

 There is a possibility of conflict of jurisdiction between the federal and regional governments
because of duplication of power between the two levels;

 It is costly for the reason that it requires ample economic resource to run double set of
governments

 It requires educated man power;

 Decision delay
 It creates a weak government by dividing internal sovereignty;
 It may also cause lack of uniformity in decision making since authority is
Divided; and, so forth.

Examples for the federal form are Ethiopia (after 1991), Nigeria, USA, Switzerland, Germany and etc.

C. Confederalism: this is a voluntary association of independent states in which central government is

weak but state governments are strong. However, central government is expected to coordinate and
facilitate some activities among different states. A confederation gives less power to the central
government. The loose alliances of countries or other political entities that make up a confederation seek
to cooperate with one another while retaining ultimate control of their own internal policies. Unlike
federal systems, confederations usually give each member nation absolute control over its citizens and
territory. The central government decides only issues that affect all members of the confederation. In the
18th century the United States was founded as such a system under the Articles of Confederation. More
recently, the Soviet Union dissolved in 1991, and many of the former republics formed a confederation
called the Commonwealth of Independent States (CIS) to coordinate domestic and foreign policy.
Confederations tend to be weak and unstable because member nations often resist relinquishing final
authority on any matters and insist on their right to withdraw from the confederation at any time.
Confederations are uncommon; most are international bodies with limited and specific responsibilities,
such as the European Community (EC) and the British Commonwealth. State structures of Switzerland,
German and USA are preceded by confederation. Currently, confederalism is more observable in
regional, continental and global organizations.

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3. 3. Government
3. 3.1 Definition and Functions

Government is political organization comprising the individuals and institutions authorized to formulate
public policies and conduct affairs of state. The word government may also refer to the people who form
the supreme administrative body of a country.

Government is an apparatus by which state maintains its existence. It exercises authority of a state and
speaks or works on behalf of state. It accomplishes state‘s purposes & functions and realizes its policies &
objectives. One of the main functions of government is to secure the common welfare of the members of
the social aggregate/society or political system/ over which it exercises control. It includes offices,
personnel and process by which a state rules. It is held responsible to carry out the day to day affairs of
state. It is an essential political organ that coordinates the routine activities of the state & maintains law
and order. Simply putting, government is an organization, institution, or apparatus through which state
sovereignty is instrumental zed and hence functions of state are accomplished. Even though, they are not
one and same, the concept of state and government is not seen in isolation because if there is no
government then there is no state.

3. 3. 2 Organs: refers to branches of government. Government organs serve common national interests
& ends as they do not compete but complement or supplement each other. Their functions are directed
towards ultimate goal and welfare of general mass. They are separate but equally important together
constituting the whole.

A. Legislature: this is a lawmaking body and its functions consist mainly in laws‘ enactment. Process of
law- making includes formulating and introducing bills, giving them successive readings, referring to
committees, voting on and sending them as completed measures for respectful assent. There are countries
with a unicameral but many countries have a bicameral (two chambered) parliament.

B. Executive: this is the biggest institution with many departments to administer laws and mobilize
resources. It has much power and vital roles. Its power scope may be residuary i.e. any function not
assigned to legislative or judicial may be performed by it including taxes collection, maintaining order
and defending country from enemy. It also involves in quasi-judicial activities. For example, tribunal at
Federal Civil Service Commission acts as appellate court for grievances presented by civil servants
against government disciplinary committees decisions. It passes decisions following - court - like
procedures. Parties who are aggrieved by executive decisions go to judiciary by appeal. Some executive

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cases require extensive knowledge of particular discipline or handling by technical persons since judges
are less familiar with technicalities. Court procedures are very protracted and decisions may require
longer time than decisions of executive.

C. Judiciary: this is expected to be detached from politics and act in neutral manner. It is anticipated to
render impartial decisions. Independent judiciary can stand as a guardian, defender and
bulwark/safeguard/ for individual rights protection. Justice is needed to be dispensed fairly and general
public feels confident in integrity of judiciary. Judiciary is needed to be directed only by law and should
be free from any influence of legislative or executive.

3. 3. 3 Systems and Types of government

3. 3. 3. 1. Systems Generally speaking, in view of how a given society is organized or on the basis of the
extent to which the power of the state is exercised by the government, one may classify government into
democratic and the non-democratic. Non- democratic governments have other alternative names like
unlimited or non-constitutional governments. There are various forms such kinds as authoritarian,
totalitarian, military, dictatorship, etc. or we can add the Aristotelian classification of government in
antiquity. He put six type of government; those were polity, aristocracy, monarchy, tyranny, oligarchy,
democracy from the best to the worst.

By nature of relationship existing between the legislative and executive branches of government, one may
classify forms of democratic governments into three (In principle Judiciary should be neutral in all
systems). These are parliamentary, presidential and the hybrid. Let us treat them separately.

A.Parliamentary: Parliamentary form is a form of government in which there is fusion, integration or

overlap of political power and authority (and hence membership and function) of both the legislative and
executive branches of government and consequently, members of the former can constitutionally be
members of the latter. In other words, members of the government can have two roles at the same time in
parliamentary government. It is a system led by a party or a coalition of parties with majority seats in
legislature.

President or king/queen is ceremonial state head. In states such as Great Britain, Head of State is occupied
by the monarch, king or queen particularly through the hereditary succession whereas in states like
Ethiopia, Head of State is held by the president through election. Those who occupy the Head of the State
are holding formal and ceremonial function as the figure head in the state. Premier (prime minister) or
chancellor is chief executive (head of the government) and deals with day-today political activities. Prime
minister is either appointed by state head or elected by legislature from majority party whose leader

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usually becomes prime minister, although not in all times. There is a collegial (e.g. ministers‘ council,
which incorporates Prime Minster and cabinet). Prime minister has certain amount of personal choice to
select ministers. In some countries (e.g UK, India) all ministers are parliamentarians but in some others
(e.g. Ethiopia) some ministers may not be. A government is directly responsible to assembly and
indirectly to electorate since it is appointed from constituents‘ representatives in assembly. Legislature
controls executive‘s functions nearly on a day-to-day basis. In governmental control, many parliamentary
democracies pose confidence or no confidence vote which has been considerably improved but its
importance has been considerably diminished. Parliaments theoretically hold power of life or death over
governments. In practice, however, procedures of parliamentarianism are used less and less. In some
cases, when a government finds itself in difficulties, following repeated defeats and disagreements with
its majority, it is sometimes forced to resign without any vote of any confidence. In parliamentary
governments, of which the United Kingdom, India, and Canada are examples, the executive branch is
subordinate to the legislature.

The other important feature of the parliamentary is that very crucial executive decisions shall be made by
a team: that is by the cabinet or the Council of Ministers. The prime minister shall not usually make an
individual decision unlike the case of the presidential form of government. Because the decisions are
made in group, no individual member of the Council of Ministers escapes liability for faulty decisions,
even if he/she is personally against such a group decision. This is why members of the Council of
Ministers are collectively responsible to the legislature.

There is executive flexibility if serious failures call for new leadership. Moreover, executive-legislative
fusion results in effective policies and avoids deadlock/stalemate. If friction arises it can be resolved by a
no confidence vote. Furthermore, there is a strong party whip/beat/ which ensures that members of a party
have obligations to support proposals of their respective party with the same political opinion and rare
internal debate. Whenever a party member feels that his party‘s program is against his conscience, he has
to withdraw from the party. Government also, usually, has not fixed tenure as it may be removed at any
moment if majority in parliament passes a vote of no confidence with respect to governing party
programs. Accordingly, prime minister may resign or request the president to invite parties to form a
coalition government or house may be dissolved and election conducted. Moreover, when legislature
fragmented into many small groups, cabinet becomes unstable as it is exposed to frequent disintegration
and dissolution due to disagreements or changing alignments. Such instabilities may take place between
elections without any popular involvement.

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B. Presidential: Just like the parliamentary, the presidential systems in different states have certain
differences. Usually, it is the American presidential form that can be taken as the model. However, the
following features may be taken as points of communality.

The presidential form of government is an opposite (antithesis) of parliamentary system. It is based on

Montesque’s theory of separation of power. This theory suggests that branches of government should
separate from each other & function independently. Accordingly, Presidential government is the form of
government which is characterized by the separation of power and authority between the legislature and
the executive by virtue of which members of the law making cannot constitutionally be members of the
law implementing body of government.

This is a system in which president is both state and government head. President could be elected
directly by people or by Electoral College (public delegates grouping to elect representative).
President enjoys ultimate power and complete responsibility for all executive actions and only
president makes very important decisions. President appoints secretaries (executive departments‘
heads) up on assembly approval and dominates cabinet (president‘s meetings with secretaries).
Since president can appoint his ministers from people who do not belong to legislature, he has
wide range of possibilities to select people of great caliber, individuals of competence and
integrity without political considerations. Ministers hold office entirely at his pleasure and are
accountable to him. They are merely instruments through which his policy is carried out.
President, in most presidential systems can dismiss any of ministers as he likes with fast
decision. In presidential governments, such as in the U.S., the executive is independent of the
legislature, although many of the executive's actions are subject to legislative review.

Presidential theory requires assembly to remain separate from government. In most presidential systems,
neither president nor any of his secretaries can be a member of legislative organ. A member of legislature
can join executive only after resigning his membership in legislature. Executive does not depend for its
survival on legislative whim. The president may be member of majority party or he may be even member
of minority party in legislature. It is usually assembly which holds president ultimately responsible to
constitution but not to assembly itself. Although legislature has certain controls on president, it cannot
cause executive dissolution. Assembly cannot dismiss president; president may not dissolve assembly.
Ministers are neither responsible to legislature nor do their function based on collective responsibility but
individual.

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Presidential government is stable since it cannot be dismissed before the expiry of its fixed tenure by an
adverse vote in legislature. President may be removed from his office only through death, resignation,
inability to discharge powers and duties of office or by unusual and exceptional congressional
impeachment (accusation because of grave crime against country and constitutional order) and conviction
on charges of treason, bribery or other serious crimes. However, president‘s fixed term breaks political
process into rigidly demarcated periods, leaving no room for continuous readjustments that events may
demand.

Party discipline in the legislature is loose and legislature members enjoy considerable freedom to oppose
or support any proposal even though it may be part of the president‘s program. Members of parliament
are guided by their conscience rather than a strict party discipline. This could enable them to express their
feelings with lesser control of a party whip.

C. Semi-presidential/Hybrid: this is an alternation between presidential and parliamentarian phases

which solves both executive-legislative dead lock of presidential and legislature‘s uncritical support of
government in parliamentarianism. Hybrid system combines advantages of direct democratic election and
stable tenure associated with a presidential executive and flexibility of a parliamentary cabinet and prime
minister. Moreover, president, prime minister and cabinet together offer much better opportunities than
pure presidential government belongs to a general type of governmental system that could be called ‗dual
leadership.‘ However, all of the advantages of parliamentarianism and presidential cannot logically be
claimed simultaneously but in phases. In its presidential phase, semi- presidential has much less potential
for coalition-building than parliamentarianism and in its parliamentarianism, government head lacks
advantage of being directly elected. France and poland can be taken as examples having a hybrid
government. The French constitution gives executive authority to both the president and prime minister.
The former is head of state; the latter, as leader of the Council of Ministers, is head of government. The
president is elected by direct popular vote for a term of five years. In this power-sharing arrangement,
known as cohabitation, the prime minister and president may disagree about policy goals and work to
limit each other‘s influence. Separation of power in hybrid system is not as clear as presidential and not as
fused as parliamentary.

3.3.3.2 Types of Government

Still other classifications hinge on varying governmental forms and powers among the nations of the
world.

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A. Personalist: this exists in a society where development of organization is extremely weak and solid
procedural methods to govern society are almost null. Governance base is tradition, culture and history.
These lead to charismatic individuals to prevail and assume power. Institutions are not effective to offset
influence of charismatic leader since individual leader is source of power, command and chief executive
to portray themselves as they are leading by virtue of God.

B. Bureaucratic Authoritarian: this has multi-party system, civic association, highly politicized Civil
services and allows parties participation. It survives as a result of its military set up which intervenes in
political arena. Election can take place but easily manipulated by coercive methods and pre-determined.
The ruling party is over whelming powerful and popular participation is marginalized.

C. Populist: this is inclusionary of the mass support and has institutional viability. Most often it tends to
lead mass mobilization. Expressive of popular support for populist regime solicited by mass rallies,
demonstration, marches, different means and ways are employed to ensure the commitment of the masses.
A heavy degree of indoctrination, agitation etc are employed to develop a sense of belongingness to the
regime. Common goals are defined to which the majority subscribed.

D. Liberal Democratic: this is signified by political power derived from constitutional sources and
electoral legitimacy. Competition for power is undertaken on popularity base on which divergent of
interests compete peacefully. Formal freedom & liberty are adopted and rule of law is strong. There are
check-balances, transparent and free market economy. The liberal democratic government is fashion of
the day because international organizations are influencing states to adopt this regime. The most
important thing here is identifying whether these governments are similar in words and deeds.

3.3.4 The Difference between State and Government

It is a different matter that most people use the concept of ‘state’ interchangeably with other terms like
‘government’. This is due mainly to lack of precise understanding about the concepts. Here, to take up
with correct understanding of the two terms, the following are some of the grounds for their principal
differences forwarded by J.C. Johari (2006). These are:

 Relatively, the state is a wider/broader entity including all citizens of the country while the
government is a smaller unit covering only those that are employed to perform its functions. That
is, the state is the bigger entity for the promotion of common ends and the satisfaction of common
needs. But government is the essential element and agency of state through which the will of the

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state is formulated. That is the ends and purposes of the state are executed through the
instrumentality of the government;

 The state is an abstract entity, but the government has its existence in a concrete form because it
includes all persons in the legislature, executive and judiciary departments. In other words, the
government is a practical & concrete organization through which the will of the state is
formulated, expressed &realized;

 While the power of the state is primary and original, the authority of the government is
something delegated and derivative. That is, the power of the state is absolute and unrestricted by
anything on account of being a sovereign entity, whereas the authority of government is limited
by the provisions of the constitution;

 Primarily owing to its sovereignty, state is regarded as permanent and independent institution.
State survives and is always there unless its sovereignty is destroyed by the invasion of some
other states. But government is changeable or dynamic; it always comes and goes. As far as one
party is changed by another new party, office holders of government are changed. The frequent
changes in government cannot affect the continued existence of state;

 Because all state across the world is made up of their four essential elements, they are not of
various kinds. That is, they are the same throughout. But governments are of different forms such as
monarchy, aristocracy, oligarchy, democracy, dictatorship etc.;

 The other crucial point is that membership to the state is something compulsory whereas
that of government is an optional matter. Aristotle asserts that because people are political
animals by nature and necessity it must for them to belong to the state. But it is up to in
interest of the people to have or not to have posts in the government; and, so forth

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Chapter Four

Citizenship

4.1. The Conceptual Framework and Historical Development

Etymologically, the word citizen is derived from a Latin word ―Civis‖ means city resident. The origin of
the term is associated with ancient Greek city states whose full members were known as citizens. Citizen
is legally recognized member of a state. Citizenship is legal status or official identification of individual
to be integrated in to a state. It is a contractual relationship between state and citizens.

Although states may prescribe the conditions for the grant of nationality, international law is relevant,
especially where other states are involved. As was emphasized in article 1 of the 1930 Hague Convention
on the Conflict of Nationality Laws:

it is for each state to determine under its own law who are its nationals. This
law shall be recognized by other states in so far as it is consistent with
international conventions, international custom and the principles of law
generally recognized with regard to nationality.

4. 2: Ways of Acquiring and Loosing

4. 2. 1. Major Ways of Acquiring

4. 2. 1. 1. Citizenship by Birth

A. Jus Sanguinis: thisis Latin phrase which means right of blood whereby a child acquires citizenship of
his/her parents. What matters is the lineage, descent or blood relationship, not the place of birth.

i. JusSanguinisMaterni means blood line of mother, e.g. followed by Israel

ii. Jus SanguinisPaterni means blood line of father, e.g. followed by Bulgaria. *Ethiopian follows
legal parents‘ blood principle (father or mother or both) for historical make up.

B. Jus Soli: this is also a Latin phrase which denotes soil right whereby a child attains citizenship from a
birth state. However, children of diplomatic missionaries and representatives of international
organizations may not claim this citizenship in line with international conventions such as 1930 Hague
Convention on Conflict of Nationality Laws, 1961 Vienna Conventions on Diplomatic Protocols and

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1963 Vienna Consular Protocols of United Nations. Most European & North American (Anglo-Saxon)
countries adhere to Jus soli with hope that it will facilitate intermingling of nations.

4. 2. 1. 2. Citizenship by Law (Naturalization)

A. Citizenship by Registration

i. Marriage: according to this principle, if a woman marries a man of another state, she can have her
husband‘s citizenship. If marriage takes place without legal procedures, married woman/man can
claim citizenship of her/his husband/wife. This is considered as defacto or Apparent Nationality.

ii. Legitimation this is citizenship whereby an illegitimate child gets citizenship of his/her care taker.

iii. Option: a multi-citizenship person chooses citizenship of one selected state.

iv. Acquisition of Domicile: this is through permanent residence in a certain country.

v. Appointment as Government Official: is acquired by serving as a worker in a defined state.

vi. Grant on Application: this is acquired based on specific rules and principles.

B. Citizenship by Political Case or Process

i. By Force –occupied state individuals are forced to acquire conquering state citizenship.

ii. By Voluntary Process (Cession ): due to willful merger of one state with another state, people of state
which decided to join another state will get citizenship of that state. People of Louisiana
decided to join USA in1803 from France. Saar valley voted through plebiscites to join
Germany in 1934-35.

C. Citizenship by Re-integration/Restoration: this is a system whereby a person who had lost

citizenship of a state due to certain reasons can get back citizenship on fulfilling conditions laid
down.

D. Citizenship by Option: this takes place due to voluntary partitions or exchange of territories. In such
cases, residents are given the option to choose the citizenship of one of the two states.

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E. Citizenship by Legislation: a state can grant honorary citizenship to prominent figures.

F. Citizenship by Special Case/Functional Nationality: this is a possibility whereby citizenship is given

without undergoing all legal procedures. .

*When a person has citizenship status of two countries at a time, it is known as dual citizenship. One can
be acquired by birth place (Jus soli) and the other by blood line (Jus Sanguinis) or through
naturalization.

4. 2. 2. Ways of Loosing Citizenship

I. Renunciation (Expatriation): this happens either when a person gives up previous citizenship because
of being naturalized in another country or harassment and state ideologies personal dislikes.

II. Deprivation: this takes place when a person commits serious crimes against the state such as exposing
the secrets of his own country to alien forces, siding enemy forces in times of war and Carrying
out diplomatic, economic, political and military intelligence for another state within own state.

III. Substitution: this happens if naturalization substitute‘s original citizenship or state is conquered by
another state and conquered territory citizenship replaced by conqueror citizenship.

IV. Lapse: this takes place as result of long and continuous stay outside one‘s own state. E.g. If an Indian
stays outside his country for more than seven years, he will lose Indian citizenship.

*Statelessness is lack of citizenship or a person is not a citizen/national of any country.This can

happens if:

I. The homeland of a person denies him/her citizenship as punishment, e.g. by

expatriating.
II. A person renounces citizenship of his/her country but does not acquire another
citizenship.
III. A child is born from alien parents without being citizen of a country that does not
recognize jus soli.
IV. The laws of some countries pertaining to marriage do not give citizenship right.
V. A person‘s homeland has been destroyed by another country.

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4. 3. Citizenship in Ethiopian Context

The first Ethiopian citizenship Decree was issued in July 1930 (amended in October 1932) based mainly
on general principles of jus Sanguinis. According to article 12 sub-articles 1 of that law, Ethiopian Citizen
is required to reach majority legal age, stay in Ethiopia for at least 5 years, not dependent upon others,
speak and read Amharic and not accused of crime and other legal problems, have good health condition
and moral character. A person born in Ethiopia or abroad from Ethiopian parents is entitled to be an
Ethiopian. However, there are some qualifications to this general principle as follows:

-Every child born in a lawful mixed marriage follows the nationality of his father.

-A legitimized child follows his/her foreign father nationality if his/her father‘s state law grants him/her
nationality with all inherent rights. Otherwise the child will preserve Ethiopian nationality.

The Decree further states that Ethiopian nationality is lost if:

-Ethiopian woman contracts lawful marriage with foreigner and acquires her husband‘s nationality.
Article 4 of the law confirms that woman can choose citizenship of her husband but if she is divorced her
Ethiopian citizenship cannot be removed.

- Child born in lawful marriage b/n Ethiopian woman & foreigner follows his/her father nationality.

-Ethiopian subject changes his nationality and acquires foreign nationality.

Despite this, Ethiopian nationality may be retained by:

-Ethiopian woman married foreigner whose country law does not entitle her to husband‘s nationality.

-A child born outside marriage where his/her father law does not allow him/her father nationality.

- if Ethiopian child adopted by a foreigner and adopting parent national law does result in a change of
original nationality of adopted child.

The PDRE constitution of Ethiopia (1987, in Art.31) glossily provided that ―Any person with both or one
parent of Ethiopian citizenship is an Ethiopian‖

The 1995 Constitution of Ethiopia reaffirmed the principle of Jus Sanguinis marking departure from
patrilineal inclination. Once citizenship is established, it cannot be deprived without the consent of the
citizen or there is no loss of citizenship by way of penalty. Naturalization privilege may be terminated if it
was acquired on the basis of false information. Citizens are given the right to change their nationality.

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Thus, the modern philosophical elements of public contract are reflected in the constitutional rights.
These rights are composed of free movement of citizens within state, choosing one‘s own residence,
freedom to leave the country, return to the country at any time etc.

The nationality act of 1930 was repealed by proclamation No. 378/2003 called Ethiopian Nationality
proclamation. Just like the 1930 Nationality Act, the present Nationality proclamation adopts the rule of
jus sanguinis as far as acquisition of citizenship is concerned.

The principle of nationality is enshrined under the constitution and under Article 6 it is stated that:

1. Any person of either sex shall be an Ethiopian national where both or either

Parent is an Ethiopian.

2. Foreign nationals may acquire Ethiopian nationality.

3. Particulars relating to nationality shall be determined by law.

The nationality proclamation also provides for another means of acquiring citizenship. This is what we
call naturalization. The rules governing this mode of acquiring nationality through naturalization are
stated under Article 5 of the proclamation. This rules state the conditions which have to be fulfilled by an
applicant to acquire an Ethiopian nationality. Accordingly, a foreigner who applies to acquire Ethiopian
nationality by law shall:

1) Have attained the age of majority and be legally cable under the Ethiopian law;
2) Have established his domicile in Ethiopia and have lived in Ethiopia for a total of at least four
years preceding the submission of his application;
3) Be able to communicate in any one of the language of the nations/nationalities of the country;
4) Have sufficient and lawful source of income to maintain himself and his family;
5) Be a person of god character;
6) Have no record of criminal conviction;
7) Be able to show that he has been released from his previous nationality or the possibility of
obtaining such a release upon the acquisition of Ethiopian nationality or that he is a stateless
person; and
8) Be able to take the oath of allegiance stated under Article 12 of this proclamation follow ―I-------,
solemnly affirm that I will be a loyal national of the Federal Democratic Republic of Ethiopia and
be faithful to its constitution".

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The Nationality proclamation of Ethiopia states that the only factors which ring about the loss of nationality are
renunciation and acquiring the nationality of another state. Thus in Ethiopia there is two ways by which
one may lose his/her Ethiopian nationality.

Article 19 of the proclamation governs the situations whereby an individual can exercise his/her right of
renunciation. Here you have to bear in mind that the two conditions attached to the right of renunciation:
the individual has to be the one who has ‗acquired the nationality of the other state‖ or he/she ―has been
guaranteed the acquisition of the nationality of another state.‖

The second mode of loss of Ethiopian nationality is acquisition of another nationality

which is provided under Article 20 of the proclamation. Any Ethiopian who voluntarily acquires
another nationality would automatically loss his/her Ethiopian nationality even if he/she does
expressly renounce it. See the following articles.
Article 19: Renunciation of Ethiopian Nationality
1. Any Ethiopian who has acquired or has been guaranteed the acquisition of nationality of
another state shall have right to renounce his/her Ethiopian Nationality.
2. An Ethiopian who intends to renounce his nationality in accordance with this Article Sub-No
(1) shall in advance inform the Authority in the form prescribed by the Authority.
3. The renunciation of the nationality of minor child pursuant to Sub-No (1) of this Article shall
be effected by the joint decision of his/her parents or, where one of his/her parents is a foreigner,
by the decision of the Ethiopian parent.
4. An Ethiopian who has declared his/her intention to renounce his/her nationality may not be
released until.
i. He/she has discharged his/her outstanding national obligations or
ii. Where he/she has been accused of or convicted for a crime, he/she has been
acquitted or served the penalty.
5. The Authority shall, upon ascertaining that the provisions of this Article are compiled with,
issues the applicant with a certificate stating the effective date of his release.
6. Any Ethiopian who is not issued with a certificate of release in accordance with sub-article (5)
of this Article shall have the right to appeal to the competent court.
Article 20: Loss of Ethiopian Nationalities upon Acquisition of Others

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1. Without prejudice to the provisions of Article 19(4) of the above, any Ethiopian who voluntarily
acquires another nationality shall be deemed to have voluntarily renounced his Ethiopian
nationality.
2. An Ethiopian who acquires another nationality by virtue of being born abroad shall be deemed to
have voluntarily renounced his/her Ethiopian nationality unless he/she has declared to the
Authority his/her option to retain it by renouncing his/her other nationality within one year after
attaining the age of the majority or unless there has been an earlier express renunciation of his/her
Ethiopian Nationality pursuant to No 1(3) (above) of this proclamation.
3. An Ethiopian who acquires, in the absence of his/her own initiative, another nationality by the
operation of the law in connection with any ground other than those specified under Sub article
(2) of this article shall be deemed to have voluntary renounced his/her Ethiopian nationality if he:
a) Starts exercising the rights conferred to such acquired nationality.
b) Fails to declare his/her option to the Authority to retain his/her Ethiopian
nationality by renouncing his/her other nationality with in a period of one year.
4. A person who retains another nationality in addition to Ethiopian shall be considered solely an
Ethiopians national until the loss of his Ethiopian nationality pursuant to sub-article (2) or (3).
The nationality act of 1930 was repealed by proclamation No. 378/2003 called Ethiopian Nationality
proclamation. Just like the 1930 Nationality Act, the present Nationality proclamation adopts the rule of
jus sanguineous as far as acquisition of citizenship is concerned. Once citizenship is established, it cannot
be deprived without the consent of the citizen or there is no loss of citizenship by way of penalty.
Naturalization privilege may be terminated if it was acquired on the basis of false information. Citizens
are given the right to change their nationality. Thus, the modern philosophical elements of public contract
are reflected in the constitutional rights. These rights are composed of free movement of citizens within
state, choosing one‘s own residence, freedom to leave the country, return to the country at any time etc.

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Chapter Five

Constitution and Democracy

5. 1. Meaning of Constitution and Constitutionalism
Constitution consists of fundamental laws of a country. It includes basic rules, regulations, values,
beliefs, traditions, norms, customs, standards and aspirations that channel internal affairs of a country and
give direction to country‘s foreign relation. It is a document containing essential principles on distribution
of governmental powers as well as rights and responsibilities of citizens. It indicates economic, political
and social policies of a given country. Yet constitution is different from specific laws, because it is the
highest law of a given country. It is brief and general outline.

Constitutionalism means government by constitution or practice of government regulated by a

constitution. It is a concept which implies constitutional provisions full realization or implementation. It
is a culture in which government officers‘ act in accordance with the rule of law. All acts of public
servants are carried out in accordance with the law and authorized by law in which contents of the law
must not be unjust and do not confer unfettered discretionary powers on governments to oppress their
people. When government acts within the limits of powers given to it by constitution, it is said that it is
acting introverts.

5.2. Purposes and Functions of Constitution

A. Serves as a framework for government: constitution is a plan for organizing composition and
structures of a government. It establishes foundation for government.

B. Grants powers to government: constitution provides authority to government to accomplish its tasks
and to make different decisions.

C. Constitution limits government powers: constitution determines what public authorities must do and
must not do. It restricts extent or degree of officials‘ power. Government authorities should not do
whatever they wish to do but according to their constitution. The working of government officials in the
spirit of constitution ensures the rule of law.

D. Constitution as the supreme law of a country: constitution is the source of all specific laws with
regard to different affairs in a country. All other laws are derived from the constitution. When detail laws
are made in a country constant reference should be made to the constitution. All laws in the country must

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conform to the constitution. Likewise, any law that contradicts with the constitution will not be valid as a
law in the country. Thus, constitution serves as a binding instrument of all other laws in a country.

5.3. Formulation, Content and Validity of Constitution

Formulating constitution involves imperative decision making on the kinds of principles to be included or
excluded in the constitution. It is a matter of making the laws that are going to govern the over all aspects
of life in society. Thus, the process of formulation is decisive in determining the nature of a constitution.
In non-democratic political systems, constitutions are drafted and finalized by few who are in power.
Constitutions would hardly reflect the interests and needs of the people at large. Majority citizens have
little chance to contribute and shape the constitution. Thus, there is little chance for betterment for the
lives of citizens but mainly characterized by instability and unrest as such societies would be under
constant possibility of the rule of dictatorship.

Democratic mechanism of formulating constitution involves active participation of majority of citizens.

Initial draft can be outlined by politically active citizens in the context of modern societies as all members
of the society cannot come together under one roof to formulate preliminary form of a constitution. Thus,
political parties and civic organizations could come up with initial proposals of a constitution and present
to the public. And citizens at various levels examine different tentative ideas of the draft. Citizens give
their comments, advises and suggestions in order to improve the draft. This creates opportunity for
interests and needs of the people to be reflected in the final document. Such constitution becomes not only
law by which citizens live but made by citizens, which can easily get public support or approval and
culminate in earning legitimacy or validity. Such constitution facilitates the progress and development of
a country and the betterment of the lives of citizens. It also helps to maintain internal peace and stability
of the nation. It has an element of permanence without inviting the conditions of problems related to
violent upheavals. It is not so flexible or dynamic that may be playing thing in the hands of government
organs.

In a democratic culture, citizens do not only participate in the formulation of constitution but also
participate in amending some aspects of the constitution. All constitutional provisions are not eternal or
should not be strong defenses of the existing status quo. Some of the provisions of the constitution may
not remain acceptable forever. There are times that call for constitutional adaptability. In response to the
vital and inevitable changing circumstances of the society, some articles in the constitution can be
amended. When that need arises, citizens take part in the processes of refining their constitution into a
better form.

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5.4. Classification of Constitution

A constitution can be found in two types: based on form of existence, constitution is divided as written
and unwritten constitution. Constitutions that are found as a single, handy and readable document are
called written constitutions. Hence, citizens have easy access to their constitution and make reference to it
in monitoring the behavior to their government. Countries like Ethiopia and United States of America
have written constitutions. Constitution based on the rules, regulations, declarations and laws passed by
either a parliament or other competent government body at different times and are at the same time not
compiled in a single document are called unwritten constitutions. Those countries without written
constitution use laws passed at different times and widely accepted traditions as their constitution. These
laws and traditions concerning various political, economic and social issues are found in different and
separate pieces. Therefore, they are not accessible to ordinary citizens. As a result, citizens would be in a
difficult situation in accessing their constitutions and in controlling the behavior of their government.
Countries like Great Britain, Israel and NewZeland have unwritten constitutions.

On the other hand there are two types of constitutions with respect to amendment procedure. One is called
rigid constitution which needs special and formal session to amend its parts or all its contents. In order to
do so, two-third of the members of the parliament should be present in the special session and each part or
the whole part should be approved or ratified by three-forth of the attendants. The other type of
constitution is flexible constitution which does not require special session or arrangement to amend it. It
can be amended by a simple majority or the parliament.

5.5. Origins and Development of Constitution and Constitutionalism

The historical evolution of constitution can be traced back to earlier stages of civilization. The ideas of
constitution as political phenomena extend further into previous historical periods. In the history of
human societies, the emergence of constitutional government is related to the desire to limit the absolute
powers of rulers over those who are ruled. Different political experiences of governance, political rights,
roles and relations of state and society developed through time. In this regard, many cultures influenced
and shaped the development of constitutional thinking. Thoughts and actions of different cultures of
societies since ancient times have contributed for the appearance of the modern concept of constitution
and the development of constitutional practices.

I. Hammurabi’s Law: Hammurabi (r. 1792-1750) was ancient Amorite Babylonian king. His legal
traditions were not concerned with issues of freedom and rights of the citizens. Instead attention was

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given to maintain forceful orders. Thus, Hammurabi‘s law established a highly authoritarian
rule. Thus, Hammurabi‘s Law introduced a legal system of governance or legality but not the idea of
constitution and democratic practices.

II. Hebrews Theocratic Constitutionalism: Hebrew was the first to practice constitutionalism
emphasized on limiting rulers‘ absolute power by divine law. Subjects claimed that they lived under
divine guidance and rulers on earth were considered as God‘s agents. Thus, rulers were expected to have
moral obligation to their subjects. When rulers became unjust in practicing law, prophets claiming
spiritual authority arose to advice, warn and resist them. This is considered as the first legitimate
opposition against established authority. However, Jewish understanding of justice was based on religious
thinking, not on free will of the governed. Hence, contemporary ideas of political rights did not exist.

III. Greeks Constitutional Democracy: Greeks were the first to exercise democratic governance during
5th and 4th century. They developed a fully constitutional political civilization. The constitutional ideal of
the Greeks included popular participation of all citizens in decision making through direct democracy.
There was no possibility for political power to be held in the hands of the few. It also involved sharing of
power and state functions. Moreover, that system also included mechanisms of limiting the powers of
office holders. The office holders were usually selected by the vote. In some offices that required
qualification and knowledge, the office holders were designated by election. All active citizens had access
to the public offices. When public officials tend to abuse power, condemnation and exclusion from social
acceptance were exercised. The office terms were also short. Therefore, political power was rationally
shared. Officials and citizens also made observance to the rule of law. Nevertheless, the constitutional
democracy of the Greeks was not absolutely perfect. The assembly of citizens was without any
constitutional limitations. That is, the kind of democracy exercised was excessive. As a result of this, the
Greek political system was unstable and full of internal disharmony.

IV. Romans Republican Constitutionalism: Romans introduced a republican system of governance

from 600 BC to about 100 BC. Republican constitutionalism was not completely left at the mercy of all
citizens and not completely controlled by absolute monarchy. Romans exercised distribution of powers
among different assemblies which were meant to be complex devices of checks and balances on each
other‘s powers. Officials were elected by assemblies of citizens and for a term of a year at a time. Thus,
republicanism was a form of constitutional supremacy of legitimate officials and bodies for limited
purposes and periods. The Romans also established a system of civil and criminal law, which is the
source for the legal codes of many modern nations. Republicanism emphasized the operation of an
elaborate legal system and institutional means of limiting power. Anyhow, the influence of citizens in

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governance process was limited although it was conducted on legally or popularly acceptable ways.
Eventually, the Roman republic degenerated and resulted in absolutist rule.

V. Magna Carta: in its modern sense, constitution emerged in 17th century England. In 13th century
England King John used to rule his people unfairly or selfishly. The abuses of his power were asking
unusual tax rates and depriving of established privileges. As the result, those who suffered decided for an
armed confrontation. However, in 1215 AD John agreed to sign a great charter of liberties called Magna
Carta which put restriction upon king‘s power. Magna Carta has served as cornerstone for modern
systems particularly English parliamentary, USA‘s presidential and French hybrid systems .The English
constitution is known as an ‗unwritten constitution‘, although some prefer to describe it as ‗uncodified‘.
On the basis that many of our laws of a constitutional nature are in fact written down in Acts of
Parliament or law reports of court judgments. This aspect of the British constitution, its unwritten nature,
is its most distinguishing characteristic.

5.6.1. Constitutional Experience of Ethiopia

Configuration of centralized statehood inEthiopia with present shape and size significantly goes back to E
mperor Menilik II‘s reign (1889-1913). The campaigns carried out by Menilik (1889-
1913) from the center incorporated various states, nations, nationalities and peoples in south, southwest
and east. In the meantime, boundaries were established based on international agreements between
Ethiopian government and the surrounding colonial powers of the time. Nevertheless, since its
inception, centralized political system gave little recognition and denied autonomy to rich Ethiopian
historical diversities in languages, traditions, beliefs, religions and political practices. This has been one
of the major causes of questions for freedom, equality and self-governance throughout 20th century.

5.6.2. Traditional Constitutional Documents

Ethiopian societies are rich in indigenous knowledge. They govern their various affairs by using long-
held home grown values and traditions. We can mention Gadaa system, as an example, an all-
encompassing system by which the Oromo people govern their various affairs. In most cases, until
recently, in east, west and southern part of the country these values, norms and rules of conduct are
transferred from generation to generation orally. But there are also some legal documents that are mostly
derived from religion, particularly recognized by rulers at the central and northern part of the country.
These are:

A. KibraNegast: this literally means the glory of kings and gives the account of the Legend of Queen
Sheba which is not supported by evidences. This legend served as an ideological justification for those

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Kings who assumed political power to cement their authority over the natural resources they owned and
the peoples they ruled. They argued that they were elected by God to rule others. This way of justifying
king‘s political power had been used almost by all Ethiopian rulers from 1270-1974 being supported by
public expressions such as ―a king cannot be accused as the sky cannot be ploughed‖.

B. FethaNegast: this is legal code which has set religious and secular provisions and served at least since
17thc constitution in Ethiopia.

C. SeriataMengist: this has provided administrative and protocol directives since 19th c.

5.6.3. Written Constitutions

A. The 1931 Written Constitution

It is important to note that despite the long history of people and state, Ethiopia has little
experience with written constitutions. Similarly the principle of separation of power and
separation of state and religion were odd to Ethiopia‘s legal culture. Another notion which was
unfamiliar to the Ethiopia‘s legal culture was of federalism.

The coming in to power of Emperor Haile Silasse heralded the period of written constitution.
This era starts with the promulgation of the first written constitution in 1931. The Constitution,
however, was significant not for its liberal traditions but rather for its symbolic role in providing
formal definitions of the relations between the emperor and the nobility and the administration of
the government.

The Constitution can be considered as more of a formal agreement between the monarchy and
the feudal lords. A two chamber parliament was founded, and was given the power to discuss
laws, except those on subjects including government organization, the armed forces and foreign
affairs, which were reserved to the Emperor; the Senate was appointed directly by the Emperor,
and the chamber of Deputies was elected by the nobilities in the Upper House.

The 1931 Constitution did not bother about problems of ethnic, linguistic and religious diversity.
For the same reason any form of decentralization of government were contrary to the purpose of
the Constitution. Generally, the constitution has two motives: One of the most important

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historical goals of the Constitution was to breakdown the powers of the regional lords by
bringing them under powerful centralized state machinery. This Constitution strengthened the
traditional position of the emperor by weakening the role of nobility. It also marked the
culmination of the struggle of centralization process started by Tewedros II during the
19thC.Thus, consolidation and centralization of power was the sole motives of the first written
constitution.
Secondly, its major purpose was modernization. The entrance of Ethiopia to the League of nation directed
to introduce a series of political reforms on the basis of advices from the League. Ethiopia was expected
to show to the outside world that it is becoming civilized.


The 1931 Constitution did not bother about problems of ethnic, linguistic and
religious diversity.

The most interesting and novel aspect of the constitution was its provision for the establishment of a
Parliament of two Houses-the Senate and the Chamber of Deputies. The senate was composed of members
appointed by the Emperor from among the nobility (Mekuanent), who have for a long time served Him as
Princes or Ministers; Judges or high military officers.

The functions of Parliament as a law-making body were limited. Legislative initiative was the monopoly of
the Emperor though Deputies could ask his permission to deliberate on subjects suggested by themselves.
He could veto any law proposed by the chambers. He had the right to draw up their procedure and to
dissolve them. The work of the Parliament from its creation to the time of the Italian invasion is very little.
The Emperor continued to issue his own decrees and the reserve of absolute power lay in his hands with the
principle ―Divine Rights of Kings‖.

The most interesting and novel aspect of the constitution was its provision for the establishment of
a Parliament of two Houses-the Senate and the Chamber of Deputies.

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B. The 1955 Revised Constitution

Why Emperor Haile Silasse revised the 1931 constitution after twenty-four years later?
On the silver Jubilee of his coronation, Haile Silasse proclaimed the ―Revised Constitution‖
which outdated the 1931 Constitution. Similar to its predecessor or the revised Constitution
solidified the absolutism of the monarchy. The firsttwo chapters were devoted to the institution
of the monarchy, the holiness of the Emperor, His dignity, and the Solomonic root of the
dynasty, etc.
Similar to its predecessor the revised Constitution solidified the absolutism of the monarchy.

Apparently, it was the federation of Eritrea (with its liberal constitution) with Ethiopia which
necessitated the revised Constitution. However, this constitution nowhere mentions of the federal
arrangement. Hence, there was no division and sharing of power as is the case in the tradition of
federalsystems. What is clearly neglected in this Constitution, similar to its predecessor, was the
issue of diversity. Due to the Solomonic monopolization of power all those who did not belong
to the line are marginalized and excluded.
The revised constitution is more than twice as long as its predecessor. It has made changes either by
expanding concepts presents in contracted form in the old constitution, or by breaking new ground. By far
the most striking change, was the provision for the election of the till then appointed members of the
Chamber of Deputies. Meanwhile the veto power of the Emperor is still there.

Moreover, the Emperor can use his power to legislate by decree, under article 92. All the tax legislation of
the first five years of the life of the revised constitution and most other economic measures have been
regulated by decrees. There is a new ring about the provision regarding the Judiciary, which makes a
positive declaration, that "judicial power shall be vested in the courts established by law and shall be
exercised by the courts in accordance with the law . . ." The courts are "a Supreme Imperial Court and
such other courts as may be authorized or established by law . . .‖ In actual fact the Emperor's Chilot still
functions. Thus, the new constitution brought Haile Selassie‘s power to better and higher heights, and to
consolidate the absolutism of the monarchy.

Can you mention some of the indicators to say the Emperor has absolute powers?
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C. Constitution of the PDRE

February 1974 saw the demise of the oldest Christian monarchy and replaced by military
Marxism. A popular revolution involving peoples from all sections of the society succeeded in
overthrowing the ancient imperial regime. The Provisional Military Administrative Council
otherwise known as the Derge replaced the monarchy and started to take revolutionary measures
immediately. The Derge then acted as the supreme political organ in the country. After the
suspension of the Revised Constitution the country was run by pieces of legislations and
proclamation.

At the peak of this activities the 1987(PDRE) Constitution came to force. On the basis of its
Article 59, which declared PDRE as Unitary state comprising of administrative and autonomous
regions, the state resurrected. Accordingly, the country administrative structure was divided in to
29 regions, few of them given autonomous status. The Constitution starts by making ―the
Working People of Ethiopia‖ owners of the Constitution. It goes on at the preamble to note the
fact that Ethiopia is a multinational state with various nationalities and diverse communities with
essential unity created by cultural intercourse, migration and commerce. Moreover, the equality,
respectability and development of all languages are clearly asserted with a rather pragmatic
concession to Amharic as the working language of the country.


The PDRE Constitution starts by making ―the Working People of Ethiopia‖
owners of the Constitution.

The Derge Constitution was not aimed at enshrining popular demands for social justice and democracy
because they had already been dealt fatal blows during the first days of its assumption of power. The
constitution was to satisfy the constant demand of the soviet patrons to legitimize Ethiopia as a socialist
state. Indeed, the constitution created the first republic (PDRE).

In PDRE the organization and functioning of the organs of state is based on the principles of democratic
centralism. The preamble states that all organs of state power, from the lowest to the highest shall be

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established by election. Decision of higher organs shall be executed by lower organs accountable to the
higher organs. As per the constitution, all organs of state mass organizations, and other associations and
officials shall observe socialist legality.

Sovereignty lies on the workers of Ethiopia and exercised through the National Shengo, Local
Shengosthey establish by election, and referendum. According to the Constitution the Shengo was the
supreme organ of the state power in the country. Candidates to the National Shengo were nominated by
organs of the Workers' Party of Ethiopia, mass organizations, military units and other bodies. The terms
of the Shengo would be five years. The members in the Shengo were elected from their electoral districts
in the country. In the absence of opposition party, the National Shengofunctioned on the basis of strict
party discipline and socialism.

In the absence of opposition party, the National Shengofunctioned on the basis of strict party discipline
and socialism.

President of PDREwas elected by the National Shengo and answerable to it. He was the head of state,
represented the Republic at home and abroad. His major roles include: ensuring the implementation of
domestic and foreign policy, commander-in-chief of the armed forces, appoint members of the Defense
Council, conclude international treaties, and perform other roles assigned to him by the National Shengo.

The Council of Ministers was the highest executive and administrative organ of the PDRE and was
accountable to the Shengoand between the sessions of the Shengo it was accountable to the Council of the
State and the President. The Judiciarybranch consisted of the Supreme Court, Courts of Administrative
and Autonomous Units and other courts established by law. President, vice president and judges of the
Supreme Court were nominated by the president and approved by the Shengo for five years term. Other
judges were to be elected and recalled by the Shengos in the respective levels.

In sum, the PDRE Constitution built a unitary socialist state having no concern of federalism and
insignificant concern for ethnicity. The regime‘s policy of solving ethnic problems provoked
massive resistance from ethno-nationalists and regionalists which finally close the fate of the
regime and reshaped the trend in Ethiopian political and constitutional history.

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The PDRE Constitution built a unitary socialist state having noconcern of federalism and
insignificant concern for ethnicity.

D. The 1991 Transitional Charter

After a long and devastating civil war, the military dictatorship regime that ruled Ethiopia for
more than seventeen years was overthrown by a coalition of liberation forces in May 1991. The
new Ethiopian governors, led by the Ethiopian People‘s Revolutionary Democratic Front
(EPRDF)declared their commitment to a clean break with the past and the establishment of a
new society; a society based on equality, rule of law and the right to self-determination.
Ethiopian People‘s Revolutionary Democratic Front declared their commitment to a clean break
with the past and the establishment of a new society; a society based on equality, rule of law and
the right to self-determination.

Dictated by the various interests advanced by the ethnic based coalition forces and similar ethnic based
political groups, who joined after wards, the recognition of Ethiopians ethnic diversity become the central
principle of the new regime‘s policy. And this is immediately reflected in the Transitional Period Charter
of 1991.

The ethnic based liberation movements came together immediately at a conference and drafted
and approved an interim constitution or otherwise known as the Transitional Charter. The
Charter is a very brief document with only 20 articles. The aspirations stipulated in its preamble
include the guarantee of freedom, equal rights, and self-determination of all peoples; ensuring
peace and stability by bringing an end to all hostilities, redressing regional prejudices and
safeguarding rights of citizens through democratically elected, accountable government, and
rebuilding the country and restructuring the state.

Interestingly the Charter, despite its briefness, puts a high premium on human rights. This is
manifested in its direct reference to the Universal Declaration of Human Rights (UDHR) in its
Art(1) which states that based on UDHR individual human rights are respected fully and without
any limitation what so ever. In accordance with the aspiration of the Charter Art(2) give

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recognition to the right of ―Nations, Nationalities and Peoples to self-determination‖ thereby

guarantying their right to a) preserve their identity, culture, history and language; b) self-
administration with fair and proper representation at the center; and c) independence when the
above mentioned rights are ―denied, abridged or abrogated.‖

Thus, the Charter, in contrast to Ethiopia‘s legal and political tradition, gave an explicit
recognition to the rights of ―Nations, Nationalities and Peoples,‖ and also recognized their right
to secession. This strong assertion to the rights of ―Nations, Nationalities and Peoples‖
demonstrated the commitment of the new regime towards group rights and decentralization.

The process of decentralization initiated by the Charter was further elaborated by National/Regional Self-
Government EstablishmentProclamationNo.7/1992. Accordingly, 14 National/Regional self-governments,
whose boarders were determined, based on settlement structure of nations, nationalities and peoples were
established. Hence during this period one can say that some degree of federalism has been introduced
even though federalism had to wait until 1995 to appear in the Ethiopia‘s constitutional public speaking.

In general, the Transitional Charter was a breakthrough in many ways, for example as we have seen it,
established devolved administrative units on the basis of ethnic and linguistic criteria. On the basis of the
Charter, fourteen regional governments were created; Addis Ababa and Diredawa were given autonomy
on the basis of political and population considerations. Each regional government shall have executive,
legislative and judicial power in respect to all matters with in their geographic territory, except such
matters as defense, foreign affairs, citizenship, declaration of state of emergency, national economic
policy and so forth. In any case, decentralization was one breakthrough and the basis of the political
program of the Transitional Government of Ethiopia.

Secondly, the charter granted self-determination up to secession to all Nations, Nationalities and Peoples
of Ethiopia. Article 2 stated that each Nation, Nationality and People have the right to preserve its identity
and have respected, promote its culture and history. Also recognized was the right to administer its own
defined territory and effectively participate in the central government on the basis of freedom, fair and
proper representation.

Thirdly, the charter allowed the creation of several centers of power and authority. Indeed, different
associations, especially political parties were flourished following the promulgation of the Charter. Thus,
political pluralism is another departure of the charter from the Ethiopian constitutional tradition.

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The Transitional Charter was a breakthrough in many ways, for example: it established devolved
administrative units on the basis of ethnic and linguistic criteria; granted self-determination up to
secession to all Nations, Nationalities and Peoples of Ethiopia; and allowed the creation of several
centers of power and authority

E. The FDRE Constitution

The Constitution of the Federal Democratic Republic of Ethiopia (FDRE)came into force in
August 1995 after passing through drafting and series of deliberations by bodies set up by the
Transitional Government. The text of the Constitution which gives the ownership of the same to
―Nations, Nationalities and Peoples of Ethiopia‖ established a federal state by dividing and
sharing power between the federal and state governments. Reducing the number of states
recognized by the Transitional Charter by five the Constitution enumerates nine states
constituting Federal Democratic Republic of Ethiopia. Hence, according to (Art. 47) member
state of FDRE are the following:

The State of Tigray

The State of Afar
The State of Amhara
The State of Oromia
The State of Somalia
The State of Benshangul/Gumuz
The State of the Southern Nations, Nationalities and Peoples
The State of the Gambela Peoples
The State of the Harari People

In line with federal traditions the Constitution stipulated two layers of legislative, executive and
judicial organs. Accordingly a parliamentary government is set up at the federal level with bi-
cameral Parliament, the upper chamber is the House of the Federation and the lower chamber is
the House of People‘s Representatives. Members of the upper chamber are elected by the states‘
parliamentary assemblies, whereas members of the lower chamber are elected by popular vote.

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All recognized national groups are guaranteed representation in the upper house; representation
in the lower chamber is on the basis of population, with special set-asides for minorities.

Legislative power is vested in the House of People‘s Representatives. Also an executive organ
led by a Prime Minister whose office is accountable for the House of Peoples Representatives
(HPR) is set up. The executive branch includes the President, Prime Minister, Council of State,
and Council of Ministers. The president is elected by both legislative chambers for a six-year
term. The leader of the largest party in the lower chamber becomes Prime Minister, who submits
cabinet ministers for the chamber‘s approval. All ministers serve for the duration of the
legislative session. Executive power is in the hands of the Prime Minister, who is also the
commander in chief of the armed forces.

Similarly an independent judiciary with the supreme federal judicial authority vested in the Federal
Supreme Court is established. Likewise, states have the State Council (with legislative power), State
administration (highest organ of state executive) and a judicial power vested in courts. The judicial branch
is composed of federal and state courts. The Federal Supreme Court is the highest court and exercises
jurisdiction over all federal matters; lesser federal courts hear cases from the states. The president and
vice president of the Federal Supreme Court are recommended by the Prime Minister and approved by the
lower chamber of the legislature.

An institution with the power to investigate constitutional disputes i.e. Council of Constitutional
Inquiry (CCI) is envisaged under the Constitution. Furthermore, the offices of Auditor General,
National Election Board(NEB) and National Census Commission (NCC) are established by the
Constitution. The National Human Rights Commission and the Office of the Ombudsman are
other institutions whose legislative establishment is envisaged by the Constitution.

In view of protecting the constitutional order and ensuring the sustainability of the federalism
some norms are stipulated as very significant (fundamental) and placed beyond the reach of
governments at both level. These norms will be the subject of the subsequent discussion.

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I. Fundamental Principles of the FDRE Constitution

The Constitution embodied five fundamental principles which relates to sovereignty of the
peoples; supremacy of the constitution; human rights; secularism and transparency and
accountability of government. These principles give a background to many of the rules that
emerge in subsequent chapters thereby setting the framework for a better understanding and
interpretation of the rules.

A. Sovereignty of the Peoples

Under Haile Silasse‘s Constitutions it is to be recalled that sovereignty was vested in the person
of the Emperor. However, the FDRE Constitution unequivocally vests this sovereignty in
―Nations, Nationalities and Peoples of Ethiopia.‖ By so doing it presumes the existence of
nations, nationalities and peoples who seek sovereignty. This approach of vesting sovereignty in
sub-national units has important implications for the federal structure. Furthermore, it is part of
an expression of their sovereignty that Nations, Nationalities and Peoples are bestowed with the
right to self-determination up to secession.

B. Supremacy of the Federal Constitution

In line with the trend of federal systems the FDRE Constitution under Art.9declares its
supremacy and makes other laws, customary practices and decisions of an organ of a state or
public official null and void if it contravenes the Federal Constitution. This supremacy clause is
in fact a reflection of the principle of sovereignty of the people.

This nature of federal constitutions, asserting its own supremacy, is a matter of necessity than
choice. In the absence of this provision it means that all the states can take any direction that
pleases them to the extent that there will not be any single common minimum norm binding upon
them.

C. Human Rights

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As mentioned earlier, one of the distinguishing characters of the FDRE Constitution from its
predecessors is the emphasis given to internationally recognized human rights norms. This
fundamental principle is stipulated in Art.10 of the FDRE Constitution which articulates ―Human
rights and freedoms, emanating from the nature of mankind, are inviolable and inalienable‖. One
can thus readily observe that the long lists in the catalog of rights set out in chapter three of the
Constitution are reaffirmation of this principle.

One of the distinguishing characters of the FDRE Constitution from its predecessors is the
emphasis given to internationally recognized human rights norms.

Also the principle of human rights seems to be in the background of the political, social, cultural,
economic and environmental policy objectives of the Ethiopian government. The aspiration to promote
sub-national self-rule, rights of equality, especially of ethnic groups and to ensure the enjoyment of
economic, social and cultural rights seems to be a programmatic statement of the commitment to human
rights.

The weight attached to the fundamental principle of human rights is visible not only in this
provision but also in the overriding concern the Constitution extends to rights starting from its
preamble to its amendment clause in Art.104. This extra-careful arrangement (majority vote in
all state legislators, 2/3 majority vote in the HPR, and similar 2/3 majority vote in the HOF)
required for the amendment of provisions of chapter 3 pertaining to rights.

Moreover the whole of chapter three, constituting 1/3 of the Constitution is devoted for human
rights and this is a classic evidence to the pre occupation with rights. Of course, there are several
illustrations that prove the degree of importance human rights norms are given under the
Constitution. The mandate given to the HPR to establish Human Rights commission and the
office of the Ombudsman, and to make federal intervention in the states on the ground of rights
violations, the textual fact that the policy objectives(especially the political; economic, socio-
cultural and environmental ones as propounded in Arts. 88-92) incline toward right protection,
taking the fulfillment of most of the rights as subjects of continuous concern; the need to take
extra-caution for rights in the exercise of emergency powers of the Executive; and the need for
extra-care in the amendment of human rights provisions of the constitution, all testify to the

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constitution's concern for human rights, thereby reinforcing the importance of rights as one of the
basic principles of the contemporary constitutional order.

Moreover the whole of chapter three, constituting 1/3 of the Constitution is devoted for human
rights and this is a classic evidence to the pre occupation with rights. Of course, there are several
illustrations that prove the degree of importance human rights norms are given under the
Constitution.

D. Secularism:

The FDRE Constitution, under Art (11) explicitly declares the separation of religion from the state. In
spite of the recognition given to religious law system in a restricted manner the Constitution envisages an
entirely secular state in which the state does not interfere in matters belonging to religion and vice versa.
Definitely, the principle of secularism can be taken as foundational to the right of freedom of religion to
religious equality and non-discrimination based on religion. In view of the ethnic and religious diversity
of the country the adoption of secularism will have a paramount importance in encouraging religious
tolerance to differences.

E. Transparency and Accountability

It is inscribed in Art.12 of the Constitution as the fifth principle. ―The conduct of affairs of
government shall be transparent,‖ holds, Art12 (1).Moreover it stresses the fact that ―any public
official or an elected representative is accountable for any failure in official duties.‖ It also
reserves the possibility of recalling an elected representative in case of loss of confidence by the
people.

All in all, the Ethiopian constitutional order, as is expressed mainly in its principles and partly in
the preamble and the aspiration provisions of the policy objectives, is one in which popular
sovereignty, constitutionalism, human rights, secularism, and transparency and accountability of
government become visible large.

In general, fundamental rights and duties are one of the important features of the Ethiopian Constitution.
We were denied most of the civil and political rights in our past history; hence, one of the important
aspirations of the people of Ethiopia was that they should have some basic rights, i.e. right to freedom,
right to equality. The FDRE Constitution provides several fundamental rights. These rights include Right

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to Equality, Right to freedom; Right against Exploitation, Right to Freedom of Religion, Cultural and
Educational Rights, and Right to Constitutional Remedies. These Fundamental Rights are justifiable and
are protected by the court. In case of violation of any of these rights one can move to the court of law and
secure them. Of course, some the Fundamental Rights are not absolute or unlimited. Further, fundamental
duties of citizens were also added to our Constitution. Thus, we have to be aware that, rights are our
guarantees given by our constitution and we are responsible to protect them.

5.5. Democracy and Good Governance

5.5.1.Meaning of Democracy
Democracy is defined in different ways. There is no universally argued definitions of the term democracy.
"Democracy" is used to describe a system of government in which ultimate power (or sovereignty) rests
on the people. Democracy describe a system of government in which the powers of government are
divided amongst different institutions such that some institutions are responsible for making laws, while
others are responsible for executing the laws and yet a third institution may be responsible for mediating
or adjudicating in disputes between different individual or groups who violate the laws of the land. In this
sense, the presence or absence of such separation or distribution of governmental powers is taken as
major indicator of the presence or absence of democracy. Finally democracy can be defined in terms of
the procedures by which a political system is governed.

Democracy is not an exclusive property of developed countries or Western societies. Democratic

norms and principles are universal, but the institutions which inform democracy and concrete
forms of its political practices may vary in time and space (i.e. through historical era and from
country to country). Thus, as a universal form of rule with specific manifestations in time and
space, democracy is a political concept founded on three underlining ideas, namely, democracy
as a value, a process and a practice.

Strictly speaking, there are conceptual and methodological difficulties in understanding and
defining democracy. In this case, one difficulty in defining democracy arises from the fact that
political systems are in a continual state of evolution. As ideas change, so the content of the word
democracy changes in people‘s minds. A consequence of this change of attitude has been that the
term is now used to describe so many different forms of government. It is this very popularity of
the term that makes democracy a difficult concept to understand. When a term means anything to
anyone, it is in danger of becoming entirely meaningless.

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Can you define democracy in your own words?

It is evident that the term democracy is used to cover wide ranges of political systems; some of
which are old and experienced, while others relatively new and inexperienced. Their rate of
advance towards their political, social and economic goals varies widely. Despite these facts,
scholars, politicians and others attempted to define democracy in various ways. To this end, the
following are some of the possible definitions of the term democracy.

The word democracy is a term that comes from Greek and it is made up with two words demos, which
means people and kratos, to mean to govern, to rule. ―Democracy‖ can then be literally translated by the
following terms: Government of the People or Government of the Majority. Convincingly it can be also
said that Democracy is a people centered system, where the people are the heart, the root and also the
fruits. The fruits of democracy are prosperity, good quality of life and well being, human security, human
dignity and participation of the people in all decisions affecting their lives.


Democracy is a people centered system where the people are the heart the
root and also the fruits.

The dictionary definition of the term entails that democracy is a state of government in which people hold
the ruling power either directly or indirectly through their elected representatives. Accordingly,
democracy embraces the principles of equality, individual freedom and opportunity for the common
people, as those who actually wield political power.

From the perspective of participation, democracy can be explained as, the mobilization of
constituent groups around the issues and problems of common concern, the organization of
forums for the expression of alternative views on the issues, and the implementation of decision-
making procedures based on majority rule. According to this definition, since the practical
establishment of democracy depends on individual citizens‘ participation, in the absence it is
difficult to influence government decisions or policies for just and fair public welfare.

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To be brief, you may have already heard about the most common definition of democracy:
"…government of the people, by the people and for the people" (i.e. the former US president, Abraham
Lincoln). To put it another way we can say that a government comes from the people; it is exercised by
the people, and for the purpose of the people‘s own interests. This description is only a very broad one,
to start with, but the pages that follow will explain to you in a more concise way the different facets of
democracy.

4. 5.2. Fundamental Principles and Values of Democracy

Can you mention some of the fundamental principles and values of democracy?
As we have seen above two individuals may speak about democracy, but there understanding might not
be similar. However, if we are aware of the fundamental principles and values of democracy such
differences may not be as such serious. Now let us see some of the most frequently mentioned universal
principles and values of democracy. These basic principles that have identified by people from around the
world must exist in order to have a democratic government. These principles often become a part of the
constitution or bill of rights in a democratic society. Though no two democratic countries are exactly
alike, people in democracies support many of the same basic principles and desire the same benefits from
the government.

Citizen Participation: - One of the most basic evidences of a democracy is citizen participation in
government. Participation is the key role of citizens in democracy. It is not only their right, but it is their
duty. Citizen participation may take many forms including standing for election, voting in elections,
becoming informed, debating issues, attending community or civic meetings, being members of private
voluntary organizations, paying taxes, and even protesting etc. This active participation of citizens in all
affairs of his/her country considered as a cornerstone to build a better democracy.


Participation is the key role of citizens in democracy. It is not only their right,
but it is their duty.

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Equality: - Democratic societies emphasize the principle that all people are equal. Equality means that all
individuals are valued equally, have equal opportunities, and may not be discriminated against because of
their religion, ethnic group, gender or sexual orientation. In a democracy, individuals and groups still
maintain their right to have different cultures, personalities, languages and beliefs.

Do you agree with this idea?

Political Tolerance:

tolerance means acceptance of the differing views of other people, e.g. in religious or political matters,
and fairness toward the people who hold these different views A democratic society is often composed of
people from different cultures, religious, and ethnic groups who have political viewpoints different from
a majority of the population, but all are tolerant of each other. A democratic society is enriched by
diversity. Democratic societies are politically tolerant. This means that while the majority of the people
rule in a democracy, the rights of the minority must be protected. People who are not in power must be
allowed to organize and speak out. Political minorities are sometimes referred to as ―the opposition‖
because they may have ideas which are different from the majority. If the majority deny rights to and
destroy their opposition, then they also destroy democracy.


A democratic society is enriched by diversity. If the majority deny rights to and destroy
their opposition then they also destroy democracy. One goal of democracy is to make
the best possible decision for the society.

Accountability: - Accountability implies that government officials are answerable to the decisions and
acts they took. In a democracy, elected and appointed officials have to be accountable to the people. They
are responsible for their actions. Officials must make decisions and perform their duties according to the
will and wishes of the people, not for themselves.

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Transparency: - Transparency implies openness of the activities of government officials and institutions
to the public. For government to be accountable the people must be aware of what is happening in the
country. This is referred to as transparency in government. A transparent government holds public
meetings and allows citizens to attend. In a democracy, the press and the people are able to get
information about what decisions are being made, by whom and why.

For government to be accountable the people must be aware of what is happening in

the country. This is referred to as transparency in government.

Regular, Free and Fair Elections:-One way citizens of the country express their will is by electing
officials to represent them in government. Democracy insists that these elected officials are chosen and
peacefully removed from office in a free and fair manner. Intimidation, corruption and threats to citizens
during or before an election are against the principles of democracy. In a democracy, elections are held
regularly with fixed time interval. Participation in elections should not be based on a citizen's wealth. For
free and fair elections to occur, most adult citizens should have the right to stand for government office.
Additionally, obstacles should not exist which make it difficult for people to vote.

Economic Freedom:-People in a democracy must have some form of economic freedom. This means
that the government allows some private ownership of property and businesses, and that the people are
allowed to choose their own work and labor unions. The role the government should play in the economy
is open to debate, but it is generally accepted that free markets should exist in a democracy and the state
should not totally control the economy. Some argue that the state should play a stronger role in countries
where great inequality of wealth exists due to past discrimination or other unfair practices.

Control of the Abuse of Power:-Democratic societies try to prevent any elected official or group of
people from misusing or abusing their power. One of the most common abuses of power is corruption.
Corruption occurs when government officials use public funds for their own benefit or exercise power in
an illegal manner. Various methods have been used in different countries to protect against these abuses.
Frequently the government is structured to limit the powers of the branches of government: to have
independent courts and agencies with power to act against any illegal action by an elected official or
branch of government; to allow for citizen participation and elections; and to check for police abuse of

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power.

Accepting the Results of Elections:-In democratic elections, there are winners and losers.
Occasionally, even in a democracy, the losers in an election believe so strongly that their party or
candidate is the best one that they refuse to accept the results of the election. The consequences of not
accepting election may results in violence or less voter confidence if voters think their will is being
ignored. Assuming an election has been judged ―free and fair,‖ ignoring election results is against
democratic principles. Democratic societies emphasize the principle that all people are equal.
Equality means that all individuals are valued equally, have equal opportunities, and may not be
discriminated against because of their religion, ethnic group, or gender. In a democracy,
individuals and groups still maintain their right to have different cultures, personalities, languages,
and beliefs. All are equal before the law and are entitled to equal protection of the law without
discrimination.

Human Rights:-All democracies strive to respect and protect the human rights of citizens. Human rights
mean those values that reflect respect for human life and human dignity. Democracy emphasizes the value
of every human being. Examples of human rights include the right to life, liberty, and security of a person
among others.

Multi-Party System: - In order to have a multi-party system, more than one political party must
participate in elections and play a role in government. A multi-party system allows opposition to
the party which wins the election. A multi-party system provides voters with a choice of
candidates, parties, and policies to vote for. A multi-party system, thus, provides voters with a choice
of candidates, parties and policies to vote for. However, when a country only has one party, the result has
been a dictatorship.

The Rule of Law:-In a democracy no one is above the law, not even a king or an elected President. This
is called the rule of law. It means that everyone must obey the law and be held accountable if they violate
it. Democracy also insists that the law be equally, fairly and consistently enforced.

Activity: 2

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1. In a democratic country, citizens are expected to participate actively in all affairs of his/her
country. Do you think if citizens are passive democracy lags behind? How?
2. Suppose Mulatu and his friend Alemu are members of an opposition party. They strongly
believes that there party will win the election held in their country. But, unfortunately there
party loss the election and they decide to refuse the election result. Do you think ther e decision
is acceptable? What do you do in such a situation?

5.5.3 Ways of Exercising Democracy

There are two ways of exercising democracy i.e. direct and indirect (representative)
democracy. In fact both have advantage and disadvantages. In this section you will look at
each of them.

Direct democracy: - the expression 'direct democracy' is subject to misconceptions. The

equal right of all citizens to participate in the processes of government did not mean that
every decision was taken at a kind of mass meeting. Rather it meant that all citizens had
equal right to membership of a number of governing bodies. But these governing bodies had
a manageable size. Direct democracy (pure democracy) is an exercise of democracy, in
which ‗all citizens‘ without the intermediary of elected officials can participate in decision-
making process. This belief is based on the right of every citizen over a certain age to attend
political meetings, vote on the issue being discussed at that meeting and accepting the
majority decision should such a vote lead to a law being passed which you as an individual
did not support. Part of this belief, is the right of every one to hold political office if they
choose to do so.

Direct democracy also believes that all people who have the right to, should actively
participate in the system so that any law passed does have the support of the majority. Direct
democracy gives all people the right to participate regardless of religious beliefs, gender,
sexual orientation, physical wellbeing etc. Only those who have specifically gone against
society are excluded from direct democracy.

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The difficulties of direct democracy are well known. When the people of a nation cannot meet to
take decisions, direct forms of democracy are incapable of replacing representation. However, there
are areas in which they can complement democracy. Direct democracy can be put to local
committees, schools and citizens' associations, where they can be discussed and submitted for
collective decision. However, this is not possible with more complex and general matters.

Most constitutions envisage a procedure for the direct consultation of all citizens, namely the
referendum. The practice of holding referenda on precise points should be used frequently and defined
with precision. Referenda could be held at the local, regional and national levels. Direct democracy is
fine in theory but it does not always match the theory when put into practice.

The origin of direct democracy can be traced back to ancient Athens. In the ancient Athenian
city-state, all adult male citizens met in assembly and made decisions. Athenians were ruling
themselves directly without intermediaries of representatives. Political participation in
Athens, however, was not all-inclusive and opens to all. Women, slaves and aliens were not
considered as citizens and hence were not allowed to participate in the assembly. In strict
words, the Athenian democracy was not an ideal or pure model of democracy. Nevertheless,
the Greek experiment of democracy is generally considered to have provided important
lesson for today's world. This is partly because of the facts that:

 It was the first known example of democracy, and

 It was carried out in circumstances that can never be repeated, which makes it possible
to study a much simpler form of democratic government.

Indirect (Representative) Democracy: - This is the modern type of democracy that we have today. A
representative democracy is where citizens within a country elect representatives to make decisions for
them. In this regard, the meaning of representative form of democracy is that the whole people cannot
directly participate in their own affairs but through their representatives, which are periodically elected by
the people themselves. For instance, every 5 years in Ethiopia, the people have the chance to vote into
power those they wish to represent us in the Parliament. The Parliamentarians meet in the House of
People representatives to discuss matters and pass acts which then become Ethiopian law. Within the
House of People representatives, each elected Parliamentarians represents all citizens. The voters passed
the responsibility of participating in law making to the Parliamentarians. In this case, leaders must
maintain some contact with voters so as to stay in power. However, if they fail to perform (or if the party

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has done badly during its time in office) they can be removed by the people. In this way, the people
exercise control over their representatives.

Then what is the difference between direct and indirect democracy?

The difference between direct and indirect democracy is fairly simple. In a direct democracy
citizens make decisions directly by proposing laws or referendums. An indirect democracy on the
other hand uses a small group of officials to make decisions of importance on behalf of their
constituents. In both cases the input of the people is the cornerstone of the government but the
government is run in different ways.

To sum up, let me ask you a question, is representative government working well in our country? The
answer to this question depends on what we think the purpose of representative government is. Most
research in political science assumes that the purpose of representative government is to represent the will
of the people by translating popular sentiment or public interest into governmental policy. It therefore
assumes that a good measure of the performance of representative democracy, at least in its representative
capacity, involves comparing policy results with public opinion as it is or as it should be.

5. 5.3. Approaches of understanding democracy

There are two views of understanding democracy: substantive and procedural views. In this lesson you
will assess each of them in relation with some of the theories of democracy, like liberal democracy,
economic democracy, social democracy, and developmental democracy.

5.5.3.1 Substantive Views of Democracy

The substantive view concentrates on what a government actually does, that is, the policies it makes
should fulfill democratic ideals. A substantive theorist would not recognize a decision that violated those
ideals as "democratic" even if it were made in response to majority wishes. Substantive theorists,
however, do not agree on the contents and nature of these democratic ideals.

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Substantive democracy is a form of democracy in which the outcome of elections is

representative of the people. In other words, substantive democracy is a form of democracy that
functions in the interest of the governed. Though a country may allow all citizens of age to vote;
this characteristic does not necessarily qualify it as a substantive democracy. In a substantive
democracy, the general population plays a real role in carrying out its political affairs, i.e., the
state is not merely set up as a democracy but it functions as one as well. This type of democracy
can also be referred to as a functional democracy.

Have you be aware of substantive democracy?

5.5.3.2. Procedural Views of Democracy

The procedural view stresses the form and process of government, or how the people govern.
Procedural democracy emphasizes the principles of universal participation, political equality, and
majority rule. Modern nations are too large to employ direct (or participatory) democracy, and
they must rely on indirect democracy in the form of representative government. The procedural
view of democracy also insists on the principle of responsiveness, that the government should
follow the general thrust of public opinion. In other words, the procedural view of democracy
sets forth principles that describe how government should make decisions and address three
distinct questions:

Who should participate in decision-making?

 How much should each participant's vote count?

 How many votes are needed to reach decisions?

Of course, there is no simple answer to these questions and as such there are various perspectives
on those issues.

Procedural democracy emphasizes the principles of universal participation, political equality, and
majority rule.

In brief, procedural democracy is a democracy in which the people or citizens of the state have
less influence than in traditional liberal democracies. This type of democracy is characterized by

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voters choosing to elect representatives in free elections. Procedural democracy assumes that the
electoral process is at the core of the authority placed in elected officials and ensures that all
procedures of elections are duly complied with. It could be described as a democracy in which
only the basic structures and institutions are in place. Commonly, the previously elected
representatives use electoral procedures to maintain themselves in power against the common
wish of the people, thus awkward the establishment of a full-fledged democracy. Procedural
democracy is quite different from substantive democracy, which is manifested by equal
participation of all groups in society in the political process.

Now what is the difference between substantive and procedural views of democracy?

To understand better what we sow above let‘s see the theories of democracy including: liberal
democracy, economic democracy, social democracy, and developmental democracy.

A. Liberal Concept of Democracy

What is the fundamental thought of liberal democracy?

Liberal democracy advocates the principle of private enterprise and the guarantee of basic civil and
political rights such as freedom of speech, religion, the right to elect and to be elected, etc. The state
intervenes in order to protect an individual and sections of society from the evils of free private enterprise,
and to promote greater social efficiency. Liberal democrats, however, have emphasized individual
freedom and demanded that the state shall not lose sight of this in the search for social justice. Liberal
democrats accept inequality or privilege so as to safeguard individual freedom.


Liberal democrats accept inequality or privilege so as to safeguard individual
freedom.

In nutshell, liberal democracy is a system of government in which the people govern themselves, criticize
leaders of their government and choose new ones in an election. A basic belief of liberal democracy is
that people of different interests and backgrounds have different political opinions. Democratic

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government rests on public opinions since in such a system there is a freedom of expression. Liberal
democracy aims at the just and rational organization of authority in human society under the guise of the
system of capitalism.

B. Economic Democracy

Economic democracy is the transfer of economic decision making power from the few to the many.
Capitalist democracy according to economic democracy advocates, does not guarantee universal rights to
decent food, housing, employment, child-care, education, or health care. There are no rights guaranteeing
control over the fruits of one's labor and control over the work process itself. This is because of the fact
that these rights contradict the unequal distribution of wealth and power and the desire to get rich. Formal
liberal democracy helps to legitimize corporate capitalism. True democracy, however cannot exist without
economic democracy and economic democracy cannot exist under the principles of capitalism. Here, to
speak of economic democracy is to advocate democracy for the 'poor' as well as the rich. As such,
economic democracy is the transfer of economic decision making from the few to the many. In this case,
the assumption is that when workers and the poor control production, democratic choices to work,
employment, income, technology, and the like can be extended.

According to this democracy, true democracy cannot exist without economic democracy and
economic democracy cannot exist under the principles of capitalism.

C. Social Democracy

Social democracy is the result of two factors. These are: the changing nature of national economies, and
the changing nature of economic relations among society. Social democracy is sometimes called social
equality, which aims to give all citizens equal rights under the law. All laws apply equally to all citizens
regardless of their wealth, race, and religion, ideological outlook, sex, and the like. The goal of social
democracy is to bring about equality and classless society through reform within the guise of capitalism.
In this case, it recognizes that individual background, abilities, efforts and so on determine his/ her way of
life. And hence this is to ensure everyone an opportunity to make full use of his/her abilities. In other
words, social democracy calls for social justice and economic empowerment of the subaltern classes. To

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this effect, it concerned with the provision, among others, provision of social security service, housing,
free education, health and medical cares, and the like.

The goal of social democracy is to bring about equality and classless society through reform
within the guise of capitalism.

D. Developmental Democracy

Developmental democracy believes that economic development and political stability can
only be achieved through massive state involvement and guidance. Supporters say that
through involvement in government and community affairs, persons can gain an understanding
of the public good and what it requires. Good citizens aware of and participate in government
and civic affairs through voting, expression of their opinions to representatives, and sometimes
even public service. Involvement in democracy is both a way of educating people and increasing
their ability to better themselves. Through the exercise of judgment on political issues, citizens
can better exercise judgment in other areas of their lives. The Developmental model utilizes
indirect representation simply because of the impracticality of direct involvement such as that of
the participatory democracy. Political and social equality exist in a developmental democracy
which advocates that people can achieve civic virtue and become conscious through active
participation in democracy.


Some of the attributes of a good citizen include: civic-mindedness, open-
mindedness, tolerance, patriotism, civility, peaceful resolution of conflicts and
the like.

5.5.4. Actors in democratization process

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Introduction

Modern democracy has procreated the system of political parties, organized interest groups and an
independent media as indispensable factor for its operation among others. The fact behind is that the
representative system arrange the mobilization of political participation by enjoying upon the members of
politically active people to take the mass, as much as possible in confidence either for the sake of
demonstrating their faith or to justify the very legitimacy of their leadership and authority. Previously we
have said that democracy is a process. Building up of democracy is not an overnight program it needs not
only time but different actors must also involve building democracy and democratic culture.

A. Political Parties

What do you understand when we say political party?

In a political regime characterized by representative democracy, political parties are vectors of
democracy. They are essential to the functioning and durability of democracy since they are not only
the instruments through which power is attained by means of free, fair and transparent elections but
also the setting for working out practical ideas and proposals which may constitute alternative
programs to the government. They also constitute the means through which individuals may influence
public affairs, express their discontent or support governmental action.

Open competition between political parties in the framework of elections is one of the indispensable
characteristics of representative democracies. Open competitions between parties contend for the
management of a country's affairs is a socially and politically divisive factor and the stakes are
generally high for those involved in this competition. It is therefore important and this is one of the
conditions for democracy's survival.

Political parties so they perform as effective actors of democratization and good governance
trusted by voters representative and responsive to public needs and concerns equipped to
support government and a constructive opposition thus playing a role in ensuring transparency

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and accountability of government.

B. Party Systems

Political party can be defined an association comprised of a group of individuals who share a common
interest and ideology, that engages in political activity mainly with the aim of winning elections and
forming the government of a state or country thereby transforming their interest and ideology into the
ideology and interest of the whole society .Party systems refer to the number of parties and pattern of
relationships among the parties with in a nation. Taking in to account the number of dominant or existing
political parties with in a state, party systems are classified in to three major categories.

1. One party system

2. Two party system
3. Multi-party system

Considering the prominent political parties that are active with in the political system of a given state
makes this classification. The type of electoral system that is used in a particular country can have an
important influence on the number of dominant political parties within the country. Proportional
representation is said to foster a multiparty system because it assures that even parties that poll a
relatively small vote will win some seats in the legislature. On the other hand, in the first-past-post
system, which the winner takes all, may encourage the development of two party systems since it
penalizes parties that may poll a substantial number of votes but do not get the plurality that is necessary
to elect a legislator with in a specific constituency.

One Party System

One party system is, most of the time, ideological in its outlook and authoritarian in its structure. In this
system, it is usually not allowed other parties to function either de jure or de facto. As such, the party and
its ideology are the main determinants of governmental policy, style, and the very existence of the media
and interest groups and the like. In is case, the party requires that important government officials are
members of the party or of satellite groups and expects their behavior to conform to the policies and
ideology.

Two Party Systems

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Two party systems are characterized by a regular alternation in office between two major dominant
parties. Although minor parties exist, two major parties dominate government. It is argued that the system
provides the people with a choice of policies and leaders while at the same time guaranteeing
governmental stability. The devices of the electoral arrangement in such a system assure a majority for
one party or the other, thus enabling that one will have the power to carry out its election promises.


In two party systems, although minor parties exist, two major parties dominate
government.

The origins of many one-party systems are obvious, but the question often arises as to why some modern
countries function as a two-party system when these societies are so complex and that it should be
impossible for two parties to aggregate all the prevailing interests present and still stand for anything.
Two party systems are common in the political system of Britain, which is mostly dominated by the
conservative and labor party. United States of America as a country dominated by the Democratic and
Republican parties is also another good example of the two party systems.

Multi Party Systems

Multiparty systems are systems in which we have at least three or more major parties. In multiparty
system, one party rarely wins enough seats in the legislature to form government. Consequently, several
parties combine forces to obtain a majority and form a coalition government to direct the nation‘s affaires.
As you might expect, when groups with different ideologies attempt to share power with different
ideologies, coalitions often break down when disputes or disagreements a rise requiring new elections. In
such countries voters have a wide range of choices on election days. The parties in multiparty system
often represent widely different ideologies or basic believes about government.

Activity: 3

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1. Some politicians argued that in developing countries adopting one party system is better than
multi-party system. What do you think is the reason behind? Argue for or against one party
system
2. Undoubtedly, there are different political parties in our country. Do you think t hose political
parties (i.e. opposition) play important role in the democratization process in this country? If you
say yes, how? And if you say no, why not?

C. Non-Governmental Organizations

Like political parties, Non-governmental associations and organizations are valuable vectors of
democracy. They differ from political parties only in their final goal, but they all contribute to
consciousness raising, defense of the legitimate interests of groups of individuals and the protection of
individual and collective rights and freedoms. The efficacy of the work of civil society depends on the
extent to which such associations are autonomous or institutionalized. When they have relatively formal
links to the State or political parties, they lose some of their autonomy and thus their ability to intervene
in all freedom in the management and conduct of public affairs and in the working of institutions
according to arrangements deriving from their governing principle of special interests. NGOs, while
being associations, have more pronounced concerns in the area of the protection of human rights and
humanitarian law. Such concerns urge them to intervene in the political field even if they claim to have
nothing to do with politics. It is nevertheless true that the growth of professional associations and
national NGOs is making a strong contribution to the consolidation of civil society in these countries.

D. Interest Groups

What is the difference between political parties and interest groups?

Interest groups, as associations on the basis of the free will of individuals, play a prominent role in the
process of democratization. Here, we will deal with the nature of interest groups, their difference with
political parties, various types of interest groups and methods they employ to influence government.

Consistent with the freedom of association granted to citizens in democracies, democratic states are
characterized by the emergence and operation of several kinds of interest groups. Interest groups are
organizations or groups of people, which are autonomous from government or political parties with the

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objective of influencing government. In democracies we find several interest groups who are attempting
to promote and influence the policies of government. In fact interest groups are regarded as essential
transmission belts between people and government. They play an important role in helping people interact
with government, which is often remote and difficult for the individual to influence. Interest groups,
bridge the gap between the citizen and government. Through interest groups, citizens communicate their
wants on policy goals to government leaders.

Interest groups are organizations or groups of people, which are autonomous from government or
political parties with the objective of influencing government.

E. Public Opinion

Public opinion is of a crucial importance for democracy. Are you wondering why? Public opinion is
made up with citizens or specific groups that reflect on their community and express their criticisms,
their proposals or their agreement to influence the construction of political will. It is not possible to
talk about only one, but of several public opinions because in a plural society, there are always
several stands.

Public opinion is then a tool to control the politicians that lead the country. On the one hand, this is
important for the opposition as the latter is only potentially active in front of the government through
this public opinion. Indeed, what important changes would an opposition bring if it was only able to
express criticisms in closed rooms? It is when the opposition represents its stands and opinions, finds
itself obliged to react, otherwise it is running the risks of disaffection or destitution, from its citizens.
Moreover, public opinion serves the whole population in its effort to display criticisms and its
incitements to well defined actions.

How can public opinion serve as a tool to control their leaders?

Each citizen has the right to gather information and to contribute somehow to the expression of public
opinion when he/she organizes, for instance, a meeting in order to exchange information. In this

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context, political and social human rights play an important role: the freedom of opinion, as well as
freedom to hold meetings and to setup associations which allow citizens to participate in the expression
of public opinion, without having to put up with any pressure. Public opinion then constitutes a
controlling tool, which is very important in a democracy.

F. Mass Media
What do we mean by mass media?

Finally, we will discuss the roles of the mass media in the process of democratization. Freedom of the
media is essential in a democracy. The mass media refers institution and to the methods of
communication, which can reach large number of people at the same time. It includes newspapers,
television, radio, books, posters, magazines, and cinema etc. Media plays a role in the political training
of citizens and democratic culture by informing them of the scope of public policies, the management
and conduct of affairs by those responsible at both the State and grass-roots level, by providing and
offering the members of the community the means of communicating with each other. But if the media
is to perform those functions, it must be free and independent; it must have sufficient material and
human resources to deal with all the important problems of society. The importance of the mass media
in a country is not dependent on the number of newspapers or private radio and television stations but
on the quality of the information provided to the public.

Activity: 4

1. You know that in our country there are different traditional democratic institutions like: Gada
system (of Oromo people); Abatoch (of Amhara people); Bayto (of Tigray people); yejoka (of
Gurage people) and etc. So, what do you think is there role for the building up of modern
democracy in our country? Discuss briefly

5.5.5. Democratic Elections

In contemporary age of representative democracy, elections constitute one of the most important pillars
of democracy. This is, at least and in part, for the very simple fact that democracies are as good as the
people who elect their representatives and, in turn, as good as the representatives who are elected.

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Electoral process is a formal procedure by which individuals decide what to choose. The act that
individuals perform while choosing among the different alternatives in an election is called voting.
Democratic elections, as such, must meet some requirements that you may already know. In this
lesson therefore, we will focus on some of them.

5.5.5.1 Principles of Democratic Election

Some of the major Principles in the conduct of democratic elections are presented hereunder:

A. Free, fair Regular intervals for elections as provided for by the respective National
Constitutions

Regular or periodic means holding elections on a set schedule known to the electorate, either on a
specified date (the first Tuesday of November every other year, as in the United States) or within a
particular time frame (within five years of the previous election, as for Parliament in the United
Kingdom), thereby guaranteeing citizens the opportunity to change their leaders and to support new
policies. Everybody, in that case, has the possibility to know the date of the coming elections, and to
get ready for that ahead of time. It is a way to make sure that the current government is defined
within a time frame and that its people have the right to remove it from office..

Free and fair, or genuine, means that elections offer equal opportunities for all competing
parties and candidates. Such equality requires the ability of political parties and candidates to
register for office without unreasonable requirements, balanced access to the media for all
candidates, the absence of campaign finance abuse, and an independent electoral process.They
must also be free to decide whether they want to use their right to vote or to abstain from
doing so, if they prefer.

Democratic elections are free when citizens have the right to choose from several candidates or
parties that can run for the election without any restriction.

B. Universal suffrage means that there can be no burdensome impediments to registering or voting for
any citizen, with only such legitimate requirements as age or residence. The idea is to have maximum
participation in elections. To achieve this, some countries make voting a legal obligation. It should be
noted that the principle of one person, one vote, is distinct from the principle of universal suffrage and
applies more to political systems with direct representation. But both principles mean that no person's
vote can be counted twice. A secret ballot means that no one—except for the voter—knows how each

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person has voted. If a voter's choice is observable to others, voters may be subject to intimidation and
reprisals by the party in power or by a party seeking power.

In democratic elections, there must be no way of knowing for which political party or for which
particular candidate a citizen has voted.

They are then secrete, when each citizen can put his ballot in an envelope, without having been
either watched over or influenced, in the secrecy of the polling booth, and when he/she is also able,
in the same way, to put his/her envelope inside the ballot box afterwards.

Democratic elections are equitable when each citizen who can use his/her right to vote has at his/her
disposal a vote and when neither his/her origin nor his/her sex, language, incomes or possessions, job
or social stratus/class, training, religion or political convictions have an influence of whatever kind
on the assessment of the value of his/her vote.

Democratic elections are, therefore, public and transparent. Which means on the one hand, that each
citizen has the right to attend the counting of the votes when the ballot box is opened; this also means
on the other hand, that it is possible to completely follow the whole process of the passage of the
constituents‘ votes: starting from the ballots inserted into the ballot box till the final counting
undertaken to establish the calculation that will eventually share out.

C. Equal opportunity to exercise the right to vote and be voted for

In trying to give citizens equal opportunity in election process, there are two separate systems. These
are the absolute majority votes and the proportional ones. Both have crucial importance, given the
fact that they influence not only the political structure but also the formation process of the political
will. To settle the choice on which polling system to adopt, one has to take into account not only the
political traditions and historical situations but also social conditions, because those, eventually, may
authorize solely one of the two possibilities. Several parameters may be subject to some variations:
the internal regulations of the party, the relations between the parties, as well as the relations between
the government and the Parliament, according to the enforcement of either the absolute majority
election system or the proportional one. An election loses its primary function if it is manipulated
through the choice of a polling system; it will then have negative impact on the so -called ―elected‖
organs which will then lose their legitimacy.

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In the absolute majority system, the polling area is divided into as many constituencies as
necessary, depending on the number of seats to be assigned (at the Parliament, for example). Those
candidates or lists of candidates that can gather the majority of votes from their constituents will be
assigned the seats to be filled. In the proportional system, the Parliament seats are assigned
according to the percentage obtained by the political parties over the total number of votes from the
whole constituency. The assignment of seats (at the Parliament, for example) thus reflects, much
more than what happens in the absolute majority system, the effective choice of the population. The
candidates are elected through the lists in their constituency.

An electoral process of a given state is not only about the simple translation of votes in to seats
but also must addresses, at least the following issue:

The number of people and the constituency a candidate represents. And representation takes
three forms: geographical representation- where each part of the country is adequately reflected
in national political organization; descriptive representation – where the national government
represents the population in a way that all sectors of the people (the poor, men and women
equally, different religions and cultures) have a voice in government; and functional
representation – a system whereby no significant parts of the population are disenfranchised but
the system takes into account the preferences of most people.

The number of representatives that a constituency would have, and

The electoral system

Activity: 5

1. In principle an electoral commission or boards shall be independent and neutral of any political
loyalty. Think of our electoral board, and how do you know whether it is neutral or not loyal to any
political party?
2. Find the present electoral code of conduct signed by different political parties and evaluate each
article with the principles of democratic election?

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E. Full participation of the citizens in the Election process; apart from the underage population, no
group should be excluded from participation.
F. Independence of the Judiciary and impartiality of the electoral institutions

Most importantly, elections are usually coordinated and carried out by an electoral commissions or
boards. These commissions shall be independent and neutral of any political loyalty or affiliation for
undertaking the election properly and in a democratic manner. In addition to an independent and neutral
electoral board, a democratic election also requires an independent judiciary organ. The electorate‘s votes
should be accepted as final and legitimate

Government need to refrain from trying to dictate to or interfere with the work of the courts, as they
consider and decide cases. Any interference to prevent the courts from considering any matter will
negatively affect the independence of the judiciary. Indeed, the capacity of individual judges to resist the
temptation to allow their judgments to be influenced by pecuniary or other rewards has its own effect and
judges need to feel great responsibility to be impartial in their judgment.

G. Political tolerance:

Being willing to accept ideas or ways of behaving that are different from the other. Candidates and
competing parries must learn to be tolerant.

H. Acceptance and Respect of the election results.

Political parties and individual citizens, who entered to the election campaign on the basis of existing
national laws, need to accept election results proclaimed to have been free and fair by the competent
National Electoral Authorities. For democracy to work, everyone must agree to accept the results of freely
held elections. The people and parties, who have lost power, or those who failed to gain it, must be
willing to accept defeat. If the loser refuses to accept the winner, the election's legitimacy is diminished
and the political system may be marked by conflict and instability. A key test for a democracy is the
successful and peaceful transfer of power from one party to another.The electorate‘s votes should be
final, meaning that the election results should be enforced effectively, which implies that they must
be accepted as legitimate.

I. Challenge of the election results as provided for in the law of the land.

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Those individuals or parties who disagree with the final decision of the electoral commission
need to submit their complaints to courts for final decision.

5.5.6. Democracy and Good Governance

Introduction

Like many other social science terms governance in general and good governance in particular is different
thing for different individual. However, classically governance nowadays occupies a central stage in
the development discourse. To be sure if you talk about good governance in one way or the other,
there should be democracy. This is because democracy and good governance share many values and
principles. Thus, in this lesson you will learn the concept of good governance and its relation with
democracy.

5.5.6.1 The Concept of Good Governance

What do you understand when we say good governance?

Given that the term "governance" means different things to different people, it is useful,
therefore, to clarify, at the very outset, the sense in which it understands the word. Among the
many definitions of "governance" that exist, the one that appears the most appropriate is the
exercise of economic, political and administrative authority to manage a country‘s affairs at all
levels. It comprises mechanisms, processes and institutions, through which citizens and groups
articulate their interests, exercise their legal rights, meet their obligations and mediate their
differences.


Good governance is the exercise of economic, political and administrative
authority to manage a country‘s affairs at all levels.

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Good governance is, among other things, participatory, transparent and accountable, effective and
equitable, and it promotes the rule of law. It ensures that political, social and economic priorities
are based on broad consensus in society and that the voices of the poorest and the most
vulnerable are heard in decision-making over the allocation of development resources.

The role of the state is viewed as that of creating a stable political and legal environment conducive
to sustained development, while civil society institutions and organizations are v iewed as a means
of facilitating political and social interaction and mobilizing groups to participate in economic,
social and political activities.

Governance is the manner in which power is exercised in the management of a country‘s

economic and social resources for development. On this meaning, the concept of governance is
concerned directly with the management of the development process, involving both the public
and the private sectors. It encompasses the functioning and capability of the public secto r, as well
as the rules and institutions that create the framework for the conduct of both public and private
business, including accountability for economic and financial performance, and regulatory
frameworks relating to companies, corporations, and partnerships. In broad terms, then,
governance is about the institutional environment in which citizens interact among themselves
and with government agencies/officials.


In broad terms, governance is about the institutional environment in
which citizens interact among themselves and with government
agencies/officials.

Since governance is the process of decision-making and the process by which decisions are
implemented, an analysis of governance focuses on the formal and informal actors involved
in decision-making and implementing the decisions made and the formal and informal
structures that have been set in place to arrive at and implement the decision. Government
is one of the actors in governance. Other actors involved in governance vary depending on
the country context.
Governance nowadays occupies a central stage in the development discourse but is also
considered as the crucial element to be incorporated in the development strategy. However, apart

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from the universal acceptance of its importance, differences prevail in respect of theoretical
formulations, policy prescriptions and conceptualization of the issue itself. Moreover, governance is
not only about the ‗organs‘ or actors. More importantly, it is about the quality of governance, which
expresses itself through elements and dimensions.

The most important principles of good governance that can be drawn from the fundamental values of
democracy are: participation, efficiency, efficacy, sense of responsibility, the act of reporting,
adaptation capacity, transparency, rule of law and participation.

Have you understood what good governance is meant?

You surely have already understood that good governance is not only based on the State or its leaders,
but also on all the actors and all the groups of actors that take part in the democratization and
development of the country. The main actors of the system of good governance is then composed of,
apart from the (central) State, the regional decentralized bodies, the political parties, the civil society
and the private sector as well as the citizens.

Generally, in a good governance system:

 The roles are clearly defined, well distinguished and balanced among different actors and
groups of actors, in the law texts as well as in practice

 The interests of the different actor groups are articulated in decision making

Leaders are characterized in the exercise of their power by a democratic behavior and a
democratic type of leadership, like taking into consideration of the fundamental values of
democracy, the respect of contrary opinions of others, taking into consideration of laws and
rules in force, tolerance, capacity and good frame of mind for dialogue, discussions, non -
violence

 In front of this, citizens and groups of actors are encouraged to express themselves, to take
part in the processes of decision making and to control the exercise of power by the leaders in
place

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Between the two camps (the State authorities and the other groups of actors), the controlling
mechanisms always function well and in a transparent way; the channels of information and
communication are fluid and efficient

There are informal and formal participation structures that function well for consultations ,
dialogues and negotiations, in which all citizens and social groups, man and woman, young
and old, minorities or majorities can and have the right to participate freely and without any
fear

5.5.6.2 The Relationship of Democracy and Good Governance

Can you think of the relationship between democracy and good governance?
Democracy is fairly vague and encompassing term. It is often used as an elastic synonym for good
government, stretching to include whatever is desirable in a state. Of course, democracy is a system of
government based on the consent of the people and one in which the mandate to rule is subject to
periodic renewal. Modern democratic governance also entails citizen representation.

The relationship between democracy and good governance is fairly straightforward. Democratic
governance and good governance share similar values and institutions. Indeed, governance focuses on
the administrative and technical aspects of the exercise of public authority; democracy focuses on the
political aspects of governance.


Democratic governance and good governance share similar values and
institutions.

In this case, democratic governance fosters transparency, accountability, the rule of law, respect for
human rights, and civic participation – all of which are not only necessary for securing economic
productivity, equitable distribution and state legitimacy but also denote the existence of good

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governance. Accordingly, you will see the key elements of good governance, highlighting their links
with democracy.

An enabling legal and regulatory framework: An enabling legal and regulatory framework is one in
which laws and regulations are clear, transparent, and applied uniformly, and in a timely manner, by an
objective and independent judiciary. Where legal systems are weak and the application of law is
uncertain and/or enforcement is arbitrary, they tend to distort economic transactions, foster rent-seeking
activities, and discourage private capital flows, all of which undermine democratic system and good
governance.

What activities are considered as rent-seeking?

Transparency: Transparency refers to openness in the process of governance – in the election process,
policy and decision making, implementation and evaluation, at all levels of government (central and
local) and in all branches of government (executive, legislature and judiciary). It is broadly defined as
public knowledge of the policies and actions of government, existing regulations and laws and how
they may be accessed. It requires making the public account verifiable and official behavior amenable
to analysis.

Transparency refers to openness in the process of governance.

 Transparency helps to counteract the well-known and universal tendency for public agencies and

officials to impose, violate and bend the rules. Transparency has profound socio-political and economic
consequences for our societies. It has fostered citizen doubts, distrust, apathy and lack of interest in
participation among the society. Without information about rights, entitlements and responsibilities, the
relationships between rulers and the ruled as well as between providers of public services and the
consumer public have become degraded and contradictory. Lack of transparency is largely responsible
for the tendency for the public to believe in wild and fantastic rumors, especially where public officials
are involved. Today, there is widespread recognition of the importance of transparency to good
governance.

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Can you think of ways in which government demonstrate its transparency?

Accountability: Accountability refers to the ability to determine who in government is responsible for
a decision or action and the ability to ensure that officials are answerable for their actions.
Accountability is also defined as holding responsible elected or appointed officials and organizations
charged with a public mandate to account for specific actions, activities or decisions to the public from
which they derive their authority. In a narrow sense, accountability focuses on the ability to account for
the allocation, use, and control of public assets in accordance with legally accepted standards. In a
broader sense, it is also concerned with the establishment and enforcement of rules of corporate
governance, avoidance of conflict of interest, and careful as well as competent discharge of public trust.


Accountability focuses on the ability to account for the allocation, use, and
control of public assets in accordance with legally accepted standards.

Accountability is essential for affirming the obligation of rulers to the ruled, public officials to the
public, and government to taxpayers. It is therefore crucial for inducing governmental effectiveness and
responsiveness, and generating legitimacy. Accountable governance requires the creation and
sustenance of a variety of cross cutting institutions and processes: free, fair and regularly scheduled
elections; an independent media; independent judiciary; independent election authority; independent
audit body, independent ombudsman and other independent constitutional commissions.

For these agencies of vertical and horizontal accountability to be effective, the processes of appointing
and removing the officials in these institutions must be insulated from politics and political regimes,
and they must have operational as well as financial independence. In addition, to ensure good
governance citizens must be empowered to demand responsiveness and accountability from
governmental and public agencies.

An Anti-Corruption environment: Corruption of course is a universal problem, with complex causes.

Its net effect is commonly regarded as negative for all societies, especially for developing countries. It
leads to economic inefficiencies; bends development; slow down long-term foreign and domestic
investments; misallocates talents to rent seeking and away from productive activities; induces wrong

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sectoral priorities and technological choices. It also undermines state effectiveness in the delivery of
services, and the protection of the vulnerable and the environment. Corruption promotes economic
decay and social and political instability, changes the ability of the state to foster rule of law, and
eventually crash trust and undermines legitimacy. These costs mean that democracy and good
governance requires mounting a frontal attack on corruption.

Corruption leads to economic inefficiencies; bends development; slow down long-term foreign
and domestic investments; misallocates talents to rent seeking and away from productive
activities; induces wrong sectoral priorities and technological choices.

Indeed, corruption is highly rewarding for those who engage in it. Therefore, to possibly avoid
corruption it requires the establishment of effective mechanisms of discovery and punishment. To
ensure democracy and good governance we must build institutions for preventing, detecting and
punishing corruption instead of relying on individual morality. And because of its complex and multi-
faceted nature, combating systemic corruption requires partnership and collaboration among public
agencies, private sector and civil society, including the media. Maximum effectiveness is possible only
when the existing laws and regulations are supportive and transparent.

In this case, democratic societies try to prevent any elected official or group of people from misusing or
abusing their power. Various methods have been used in different countries to protect against these
abuses. Frequently, the government is structured to limit the powers of the branches of government.
This is supported by an independent and impartial court and agencies with power to act against any
illegal action by an elected official or branch of government; to allow for citizen participation; and to
check the government abuse of power.

Activity: 5

1. Some argued that it is possible to minimize corruption thorough awareness

creation program, but some others disagree with this idea. They said that
when we create such awareness in one way or the other we are showing how
to misuse and abuse their power? What is your position? Argue for or

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against.

Active participation: one of the most basic indicators of democracy and good governance is citizen
participation in government. Participation is not only their right, but it is their duty. Citizen
participation may take many forms including running for election, voting in elections, becoming
informed, debating issues, attending community or civic meetings, being members of private voluntary
organizations, paying taxes, and even protesting. Such participation builds a better democracy and good
governance.

Active citizen‘s participation gives meaning to civil society empowerment, which is vital to making
governments and private sectors responsive; and of course, governmental responsiveness in turn fosters
trust and legitimacy. It is also crucial for engaging the energies and securing the commitment of
citizens for the development of democratic culture and for fostering equity in the distribution of both
benefits and burdens.

Particularly, in our country that has diverse societies widespread civic participation is absolutely
essential for generating social capital and societal unity. It helps to foster mutual trust between citizens
and our governments, the state and the private sector, and among the different social and political
groupings. As we mentioned earlier, participation does not necessarily have to be direct. Democracy
and good governance is best served in modern societies through active representative democracy with a
little bit of direct democracy.

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Chapter six

Understanding Rights

The term right refers to several things which are claimed by people. At family level, children
may claim the right to choose their own clothes. Parents on their part insist on their ‗right‘ to
control what their children to do. At political level, citizens claim their right to work, to
education, to make a speech…

Originally, the term ‗right‘ stands for a power or privilege- the right of the clergy, the divine
right of kings. However, in its modern sense ‗right‘ refers to an entitlement to act or to be treated
in a particular way. The prevalence of exploitation, oppression and persecution led to the
development of rights consciousness. The concept of right remains as the most used and abused
political idea.

Donnelly notes that right have two principal political senses-rectitude and entitlement. Rectitude
denotes the right thing to do and say of something that is right or wrong. Entitlement is narrow
sense of right. It emphasizes on human beings having a right, not something being right. It refers
to a special entitlement that one has to something.

Right is closely connected to the concepts of ‗freedom‘, ‗responsibility‘, and ‗obligation‘.

‗Freedom from‘ refers to as having negative rights-meaning everyone has the right not to be
interfered with. ‗Freedom to‘ is called positive rights- meaning the right to something positive.

Negative rights

A negative right is the right to be left alone, with the responsibility or obligation to provide that
right. It refers to anything that one may wish to do so long as it does not prevent someone else‘s
right to do the same. ―My ‗right‘ ends at your nose!‖ I can leave you alone so long as you leave
me alone, and vice versa.

Positive rights

People create positive rights through their own decisions. Positive rights need others
assistantship.

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Basic Features of Rights

- Rights are implicit in the conscience of human and the community.

- Rights are organically bound up with duties- since rights prescribe the rules of behavior,
in doing so they are said to impose duties.
- Rights have a pre-political character- the may be independent of state but not society.
- Rights have a natural and socio-utilitarian character- rights are of value both to the
individual and the society
- Rights are not abstract entities- they need their exercise. Everyone is expected to exercise
his/her rights in a way that he/she does not harm the rights of another.
- Rights are connected with the function of a state

Theories of Right

1. The Natural law Theory

It is the oldest theory of rights. Rights are guaranteed by the will of God. Rights are
rationally deducible from man‘s nature and have their nature and have their universal
application irrespective of places, time and environment. Rights have a universal,
rational, eternal and immutable character. Rights belong to man by nature. Rights are
self-evident truths-do not require any explanation of justification. The basis of natural
theory is unchanging moral law. Weakness-it obliged to claim a definite universal view
of what is right and wrong which is subject to debate. It also lacks standard to measure
the level of rightness.
2. The Legal Theory
Rights are neither absolute nor ordained by nature or by the Creator. Rights are creations
of the law of a state. State is the only source of rights. It provides the machinery to
guarantee the enjoyment of rights. Rights are dynamic-change with the laws of the land.
There is no right where there is no power to secure the object of right. Weaknesses- first,
it is wrong to believe that law can make everything right. Eg. Can the law of a state make
corruption right? Second, to say that the state is the sole creator of rights is to make
absolute and thereby deprive the people of the power of resistance. Lastly, it discards
ethical consideration- it does not help us to make the state what it should be.
3. The Idealist/personality Theory
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Right is that which is really necessary tothe maintenance ofmaterial conditions necessary
to the existence of human personality. Rights exist in the social consciousness. Rights
are rooted in the mind of persons. They are powers granted to them by the community.
Right is a freedom of action possessed by person by virtue of his/her occupying a certain
place and fulfilling a certain function in a social order. Weakness- its interpretation of
right is too abstract to be understood by an average person. Since the idea of personality
is too subjective, no generally acceptable list of rights can be drawn.
4. The Historical Theory
Rights are creations of time. They are based on the long established customs. The passage
of time results in the creation of rights. Weakness- it is incorrect to assume that all rights
are a result of well-established customs. Had this been so, till today slavery would have
been in existence as a matter of right by virtue of being based on a long established
tradition.
5. The Social Welfare Theory
Rights are creation of society. Rights make what is conducive to the greatest good of the
greatest number. Weakness- it dwells on the maxim of social welfare. It is also
ambiguous-if put into practice; it may mean different things to different persons.

Classification of Rights
A. Legal Rights
They are rights incorporated in written laws or systems of formal Court. They are
rights enshrined in law and are enforceable through the courts. They are legally
permitted ones; exercised by all or certain sectors of the society which can be
amended by the legislators. They are described as ‗positive rights‘ in that they are
enjoyed regardless of their moral content. Examples: the right to vote in an election
B. Moral Rights
They are rights which exist as a moral claim; have no legal substance. They are rights
that emanate from the consensus of two or more bodies. The basic principles of moral
rights are justice and impartiality. Such rights are related with religion and precepts.
Weakness- the question of universalization and comprehensiveness of moral rights
cannot be approved by all people.

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C. Human Rights
They are rights to which people are entitled by virtue of being human. They are a
special sort of inalienable moral entitlement. They are fundamental moral rights.
They attach to all persons equally, by virtue of their humanity, irrespective of race,
gender or nationality. They belong to an individual as a consequence of being human
being. A person is an end, not a means (Kant‘s human dignity).

Human Rights in General

The notion of human rights developed with the development of modern state. Some writers argue
that human rights are inconceivable without state since state exists for the individual and vice
versa. Though human rights as inherent dignity of human beings exist independent of the law of
a state, human right laws provide legal protection to human rights. So, HR law is an agent for the
development of human dignity.

HRs was not a significant concern before WWII. In the history of human rights, Second World
War is a watershed. The international community believes that respect to inherent human dignity
is the responsibility of states and other stake holders.

In more general sense, human rights are understood as rights which belong to any individual as a
consequence of being human, independently of act of law. Human rights are protections to which
all human beings are entitled because of their humanity and not because of their social status or
individual merit. Some of these rights are claimed and enjoyed without regard to political order.
The types of human rights which are closely related with the actions of governments are civil
liberties and civil rights. Civil liberties are constitutional protections of persons, opinions and
property against arbitrary interference by government. They include such protections as freedom
of speech, freedom of press, freedom of religious belief and freedom from arbitrary
arrest/punishment. Civil rights are legally guaranteed benefits provided by positive actions of
government. They include such guarantees as education, protection against illness and starvation
as well as financial support in unemployment and old age.

Substantive Categories of Human Rights

Civil rights

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They are individual rights. They include the right to life, liberty and security of a person
(protection from torture, arbitrary arrest, detention, exile, and slavery), the right of ownership,
freedom of movement, thought, religion….

Political rights

They include freedom of expression, freedom of association and assembly, the right to vote and
stand for election, the right to take part in the government of one‘s country…

Economic rights

These rights provide the conditions necessary for prosperity and wellbeing. Economic rights
include the right to property, the right to work, the right to a fair wage, the right to a reasonable
limitation of working hours, the right to establish trade union.

Social rights

They are rights necessary for an adequate standard of living. They include the right to food,
shelter, health, social care and the right to education.

Cultural rights

These include the right to freely participate in the cultural life of the community, to share in
scientific advancement, and the right to the protection of the moral and material interests
resulting from literary or artistic production of which one is the author.

Historical foundation of HRs

The origin of human rights is found in Greek philosophy and different religions. Philosophers
referred to the notion of natural rights based on the idea that: all people are created equal by God
so far as they all possess reason. Rights are derived from reason and reflect the natural law.
Gradually the essence of natural right has changed in the 20th century.

Ancient period

The history of the idea of human rights is traced back to ancient Greece and Rome. It was tied to
the pre-modern natural law doctrines like stoicism (a philosophy which underlines that human

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conduct should be judged according to the law of nature). Likewise, Roman law allowed the
existence of natural law and law of nations.

Middle Ages

During the middle ages, natural law doctrines were related to political theories of natural rights.
Natural law advocates the ‗duties of man‘ rather than the ‗the rights of man‘. The focus on duties
resulted in the legality of slavery which excludes the important aspects of human rights-liberty
and equality.

The 1215 Magna Carta (the Great Charter)- represented an agreement between king John of
England and the oppressed people. It mainly protected the rights and privileges of the feudal
lords. In the meantime, Magna Carta guaranteed some rights and liberties to the English people.
It opposed taxation without representation, forbade unlawful arrest and called for trial by jury.

The 1628 Petition of Rights: the English parliament adopted petition of rights. The contents in
the petition include that the king may not levy taxes and may not imprison any person without
charges.

The 1688 Glorious Revolution- it brought about the signing of the 1689 English Bill of Rights.
The bill prohibited the king from suspending laws and levy taxes. The English people were
granted the right to petition to the king to have free election.

The Virginia Bill of Rights of 1776- it contains principles on how to protect the people from
tyranny of government, guarantees the people‘s freedom of speech, press, peaceful assembly;
prohibits excessive fines and cruel punishment.

The 1789 French Declaration of the Rights of Man and the Citizen: it embodies the living
principle that men are born free and equal in rights. It proclaims the individual rights of man. It
identifies such rights as the right to liberty, property, security and resistance of oppression.

The 1917 Bolshevik Revolution in Tsarist Russia: it had an impact on keeping the socio-
economic rights of the people like health, education, social security and welfare system.

Modern Times

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During modern age, the concept of liberty came to be seen as a right of all human beings, not a
privilege. Francisco de Vitoria and Bartolome de las Casas laid the foundation for the
recognition of freedom and dignity of all humans by defending the personal rights of the
indigenous people inhabiting territories colonized by the Spanish Crown.

The Enlightenment was decisive in the development of human rights concept. The ideas of Hugo
Grotius, Samuel Pufendorf and John Locke attracted interest in Europe in the 18th century. Locke
developed a concept of natural rights like the right to life, liberty and property. Jean Jacque
Rousseau elaborated the concept under which the sovereign derived his powers and the citizens
their rights from a social contract.

There were factors responsible for the gradual shift from natural law as duties to natural law as
rights. The factors include failure of rulers to meet their natural law obligations (they teach the
people not to steal but they themselves loot public properties), important socio-economic,
cultural and political developments like renaissance (the rebirth of ancient ideas), explosion of
revolutions and the birth of capitalism in the womb of feudalism.

Philosophical Foundation of Human Rights

The idea of human rights developed out of the natural rights theory of early modern period. It
emerged to replace the phrase Natural Rights. Human rights are fundamental rights of human
beings. But, how does being human give rise to rights? What does it mean to be human? The
following approaches will answer the questions.

A. The Philosophical Approach

This approach holds that human nature is the source of human rights. John Locke is recognized
for his theory of Natural Law. For him, certain rights are self-evident and pertain to individuals
as human beings. These rights existed in the ‗state of nature‘ mankind entered macro civil
society. These rights are individuals‘ rights to life, liberty and property. Individuals are equal and
autonomous beings. Government exists to liberate the individual from economic, political,
religious and moral restriction. Government is an artificial creation of human people rather than
a universal creation of nature. For Locke, government with unlimited power is an enemy of
human rights and constitutionalism is the solution. For him, people‘s rights are unsafe in a state

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of anarchy because human aggressions are unlimited. Anarchy gives birth to ‗the mightiest rules‘
and the result is danger over the rights of the people. Dilemma on Locke‘s concept of rights-
human rights cannot be preserved without government but government itself is hostile to those
rights. Solution-government shall maintain law and order without restricting people‘s rights and
it should follow the principle of constitutionalism.

B. The Scientific Approach

This theory involves an empirical investigation of psychobiological make up of human beings

and ground human rights on basic human needs such as life, food, protection against cruel
treatment. But, this theory is criticized because it provides inadequate list of human rights. It is
unable to give an appropriate theory of human rights because people have human rights not what
they need for health, but to what they need for human dignity.

C. The Social/anthropological Approach

This approach seeks to ground human rights on cross-cultural consensus. It associates the
development of human rights through time with different cultures. Some cultures have
sanctioned slavery, matricide and execution of dissidents/rebels.

Classifications of Human Rights

The term ‗human rights‘ denote a broad spectrum of rights ranging from the right to life to the
right to cultural identity.They involve all preconditions for a dignified human existence. Human
rights are classified in generational categories that are rooted in human history. Being inspired by
the three themes of French Revolution of 1789 (Liberty, Equality and Solidarity), the French
jurist KarelVasak advanced the notion of three generations of human rights.

A. First Generation Rights

They refer to civil and political rights. They are based on political philosophy of liberal
individualism and economic doctrine of laissez faire. They require a state to abstain from
interfering in the life of the individual. Civil and political rights are considered as negative rights
that block governmental interference in to the private domain. These rights are derived from
liberalist position which asserts that individuals possess the right to liberty, to life, the exercise of

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freedom of speech and so on. They are inalienable and unconditional and the primary function of
government is to protect these rights. Their origin is the American Declaration of Independence
(1776) and the French Declaration of the rights of man and the citizen (1789).

First generation rights become associated with a set of liberal principles like personal rights
matter; public authority should respect personal autonomy and preference. The core idea of these
rights centers on the respect for personal rights based on the equal worth of the individual whose
preferences should be followed in the public domain. They are stated in the UDHR of 1948 as
core rights. First generation rights include:

→Freedom from racial and other forms of discrimination

→Freedom from slavery or involuntary servitude

→Freedom from torture and from cruel, inhumane treatment

→Freedom from arbitrary arrest, detention or exile; the right to fair and public trial

→Freedom from interference in privacy and correspondence

→Freedom of movement and residence

→Freedom of opinion and expression

→Freedom of peaceful assembly and association

→The right to asylum

→The right to participate in different activities

→The right to own property and not to be deprived of one‘s own property arbitrarily

B. Second Generation Rights

They refer to economic, social and cultural rights. They require the extended function of a state
to ensure them. They are termed as positive rights because they need state intervention in
fulfilling the quest for these rights. They are sometimes called equality rights. These rights led to
the emergence of welfare state. Most of these rights are aspiration in their character (what states
and people aspire to be)

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These rights are entitlements to socially provided goods and services such as food, health care,
social insurance, work, education and the right to property. These rights include:

•The right to social security

•The right to work and protection against unemployment

•The right to rest and leisure including periodic holidays leave with pay

•The right to a standard of living adequate for health and wellbeing of self and family

•The right to education

•The right to protection of one‘s scientific, literary and artistic production

C. Third Generation Rights

They are based on the notion on international solidarity and global structural problemsrather than
individual cases. Article 28 of the UDHR proclaims that ‗everyone is entitled to a social and
international order in which the rights set forth in the Declaration can be fully realized.‘ They
embrace five claimed rights. They are collective rights because they are claimed in group. Some
of them reflect the emergence of Third World Nationalism and its demand for a global
redistribution of power, wealth and other important values. They include:

√The right to political, economic and social development

√The right to participate in and benefit from the ‗common heritage of mankind‘

√The right to peace

√The right to a healthy and balanced environment

√The right to humanitarian disaster relief

Basic Features of Human Rights

1. Human rights are based on equality- because they are consistent and based on human
nature. They are applied equally at any condition, place, time and irrespective of sex,
color, race, religion, political outlook, citizenship…Any change in government, change in
social, political and economic system does not have impact on human rights.
2. Human rights are unassailable- they cannot be attacked during promotion and protection

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3. Human rights are eternal- as far as human society exists, human rights continue to exist.
Any change in government has no impact on them
4. Human rights are irreducible- human rights cannot be reduced to different interpretation.
They are applicable in their fullest forms
5. Human rights are indisputable- they are not subject to different arguments. As they are
natural, no one argues over the elements of human rights
6. Human rights are inalienable- human rights cannot be separated from human nature
because they are fundamental
7. Human rights are not given by government- government is not a body that gives human
rights. Human beings do not inherit human rights rather they possess them by the nature
of being human. Human rights are not transferable rights.

Criticisms on Human Rights

Critics of human rights claim that the assumption that human rights are universal rights ignores
the fact that human beings are different. For critics, universality is the outcome of dominance of
Western states over human rights discourse since WWII. The ‗universality‘ of human rights is
used as an ideological means through which ‗cultural imperialism‘ is imposed on non-Western
countries. For critics, there are distinct African and Asian conceptions of human rights. There
exist different cultures and special needs of poor countries apart from Western societies. The
idea of human rights is based on a Western conception of liberal individualism and this has no
root in many non-Western cultures. The Western culture sees an individual as a rational political
and economic actor. In contrast, Asian and African cultures give emphasis on collective identity-
kinship, clan, tribe systems, not the individual. Traditional cultures in Africa and Asia do not
view the individual as autonomous and possessed of rights above and prior to society. An
individual is conceived of as an integral part of a greater whole. Asian scholars argue that the
international human right norms are incompatible with Asian values. This implies that the
Western conception of human rights and human dignity have limited feasibility and applicability
in the non-Western world.

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Chapter Seven

Contemporary Global Issues

Contemporary global issues are issues which are currently capturing the agenda of world leaders,
international media and institutions. By their nature contemporary global issues are dynamic:
they change from time to time. Though some issues could be common for all generations, what
was a contemporary global issue before some years back may not necessarily be a contemporary
global issue today. Contemporary global issues are also trans-boundary issues. Their effects
cannot be restrained within a boundary of a single state. They cannot be solved by the efforts of
one state; rather they are addressed through collaborative effort among world countries. They are
the concern of all nations.
Contemporary global issues are related with economy, security, health, environment, human
rights and etc. The most common global issues include international trade, poverty and
inequality, debt relief, communicable diseases, human rights, globalization, terrorism, armed
conflicts, nuclear weapon, drug trafficking, migration, transnational corruption, climate change
and sustainable energy. We will discuss some of them here under:

6.1. Globalization

The term globalization is a comprehensive term which denotes the emergence of a global society in which
economic, political, environmental, and cultural events in one part of the world quickly come to have
significance for people in other parts of the world. Globalization is the result of advances in communication,
transportation, and information technologies. It describes the growing economic, political, technological, and
cultural linkages that connect individuals, communities, businesses, and governments around the world.

Although most people continue to live as citizens of a single nation, they are culturally,
materially, and psychologically engaged with the lives of people in other countries as never
before. Distant events often have an immediate and significant impact, blurring the boundaries of
our personal worlds. Items common to our everyday lives—such as the clothes we wear, the food
we eat, and the cars we drive—are the products of globalization.

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Globalization has both negative and positive aspects. Among the negative aspects are the rapid
spread of diseases, illicit drugs, crime, terrorism, and uncontrolled migration. Among
globalization‘s benefits are a sharing of basic knowledge, technology, investments, resources,
and ethical values.

Most experts attribute globalization to improvements in communication, transportation, and

information technologies. The Internet, the cell phone, and the fax machine permit instantaneous
communication. The World Wide Web and computers that store vast amounts of data allow
instant access to information exceeding that of any library.

Improvements in transportation are also part of globalization. The world becomes smaller due to
next-day delivery by jet airplane. Even slow, oceangoing vessels have streamlined transportation
and lowered costs due to innovations such as containerized shipping. Advances in information
technologies have also lowered business costs.

Not only do goods, money, and information move great distances quickly, but also more people
are moving great distances as well. Migration, both legal and illegal, is a major feature of this era
of globalization. Remittances (money sent home by workers to their home countries) have
become an important source of income for many countries.

Some critics of globalization believe that aspects of the way globalization operates should be
changed. The debate over globalization is about what the best rules are for governing the global
economy so that its advantages can grow while its problems can be solved.
On one side of this debate are those who stress the benefits of removing barriers to international
trade and investment, allowing capital to be allocated more efficiently and giving consumers
greater freedom of choice. With free-market globalization, investment funds can move
unimpeded from where they are plentiful (the rich countries) to where they are most needed (the
developing countries). Consumers can benefit from cheaper products because reduced tariffs
make goods produced at low cost from faraway places cheaper to buy. Producers of goods gain
by selling to a wider market. More competition keeps sellers on their toes and allows ideas and
new technology to spread and benefit others. On the other side of the debate are critics who see
neoliberal policies as producing greater poverty, inequality, social conflict, cultural destruction,

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and environmental damage. They say that the most developed nations—the United States,
Germany, and Japan—succeeded not because of free trade but because of protectionism and
subsidies. They argue that the more recently successful economies of South Korea, Taiwan, and
China all had strong state-led development strategies that did not follow neo-liberalism. These
critics think that government encouragement of ―infant industries‖—that is, industries that are
just beginning to develop—enable a country to become internationally competitive.

Furthermore, those who criticize the Washington Consensus suggest that the inflow and outflow
of money from speculative investors must be limited to prevent bubbles. These bubbles are
characterized by the rapid inflow of foreign funds that bid up domestic stock markets and
property values. When the economy cannot sustain such expectations, the bubbles burst as
investors panic and pull their money out of the country. These bubbles have happened repeatedly
as liberalization has allowed speculation of this sort to get out of hand, such as in Indonesia,
Malaysia, and Thailand in 1997 and since then in Argentina, Russia, and Turkey. According to
critics, a strong active government is needed to assure stability and economic development.

Protests by what is called the anti-globalization movement are seldom directed against
globalization itself but rather against abuses that harm the rights of workers and the environment.
The question raised by nongovernmental organizations and protesters at WTO and IMF
gatherings is whether globalization will result in a rise of living standards or a race to the bottom
as competition takes the form of lowering living standards and undermining environmental
regulation. One of the key problems of the 21st century will be determining to what extent
markets should be regulated to promote fair competition, honest dealings, and fair distribution of
public goods on a global scale.

6.2. Terrorism

Terrorism is commonly understood to refer to acts of violence that target civilians in the pursuit
of political or ideological aims. Although the international community has yet to adopt a
comprehensive definition of terrorism, in 1994, the General Assembly‘s Declaration on
Measures to Eliminate International Terrorism, in its resolution 49/60, stated that terrorism
includes ―criminal acts intended or calculated to provoke a state of terror in the general public, a

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group of persons or particular persons for political purposes‖ and that such acts ―are in any
circumstances unjustifiable, whatever the considerations of a political, philosophical, ideological,
racial, ethnic, religious or other nature that may be invoked to justify them.‖
Terrorism has occurred throughout history for a variety of reasons. Its causes can be historical,
cultural, political, social, psychological, economic, or religious—or any combination of these.
Some countries have proven to be particularly susceptible to terrorism at certain times, as Italy
and West Germany were during the 1970s.

In general, democratic countries have provided more fertile ground for terrorism because of the
open nature of their societies. In such societies citizens have fundamental rights, civil liberties
are legally protected, and government control and constant surveillance of its citizens and their
activities is absent. By the same token, repressive societies, in which the government closely
monitors citizens and restricts their speech and movement, have often provided more difficult
environments for terrorists. But even police states have not been immune to terrorism, despite
limiting civil liberties and forbidding free speech and rights of assembly. Examples include
Russia as well as the People's Republic of China.

In broad terms the causes that have commonly compelled people to engage in terrorism are
grievances borne of political oppression, cultural domination, economic exploitation, ethnic
discrimination, and religious persecution. Perceived inequities in the distribution of wealth and
political power have led some terrorists to attempt to overthrow governments. Some terrorists are
motivated by very specific issues, such as opposition to legalized abortion or nuclear energy, or
the championing of environmental concerns and animal rights. They hope to pressure both the
public and its representatives in government to enact legislation directly reflecting their
particular concern. Militant animal rights activists, for example, have used violence against
scientists and laboratory technicians in their campaign to halt medical experimentation involving
animals. Radical environmentalists have sabotaged logging operations and the construction of
power grids to protest the spoiling of natural wilderness areas. Extremists who oppose legalized
abortion in the United States have attacked clinics and murdered doctors and other employees in
hopes of denying women the right to abortion.

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National governments have at times aided terrorists to further their own foreign policy goals. So-
called state-sponsored terrorism, however, falls into a different category altogether. State-
sponsored terrorism is a form of covert (secret) warfare, a means to wage war secretly through
the use of terrorist surrogates (stand-ins) as hired guns. The U.S. Department of State designates
countries as state sponsors of terrorism if they actively assist or aid terrorists, and also if they
harbor past terrorists or refuse to renounce terrorism as an instrument of policy.
State sponsorship has proven invaluable to some terrorist organizations—by supplying arms,
money, and a safe haven, among other things. In doing so, it has transformed ordinary groups,
with otherwise limited capabilities, into more powerful and menacing opponents. State
sponsorship can also place at terrorists‘ disposal the resources of an established country‘s
diplomatic, military, and intelligence services. These services improve the training of terrorists
and facilitate planning and operations. Finally, governments have paid terrorists handsomely for
their services. They thereby turn weak and financially impoverished groups into formidable,
well-endowed terrorist organizations with an ability to attract recruits.

Bombing historically has been the most common terrorist tactic. Armed attacks historically rank
as the second most-common terrorist tactic, followed by more complex operations such as
assassination of heads of state or other well-protected people, kidnapping, hostage taking, and
hijacking.

Impact of Terrorism

Although most terrorist groups have failed to achieve their long-term strategic aims through
terrorism, terrorism has occasionally brought about significant political changes that might
otherwise have been impossible. Moreover, despite the claims of governments to the contrary,
terrorism has sometimes also proven successful on a short-term, tactical level: winning the
release of prisoners, wresting political concessions from otherwise resistant governments, or
ensuring that causes and grievances that might otherwise have been ignored or neglected were
addressed.

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Terrorism was used by some nationalist movements in the anticolonial era just after World War
II, when British and French empires in Africa, Asia, and the Middle East dissolved. Countries as
diverse as Israel, Cyprus, Kenya, and Algeria owe their independence to these movements.

Evidence of terrorist success has come more recently in the examples of Gerry Adams and
Martin McGuinness in Northern Ireland and Yasir Arafat in the Middle East. Adams, president
of the political wing of the Irish Republican Army (IRA) in Northern Ireland, and his deputy
McGuinness both won election to the British Parliament in 1997. Arafat, as leader of the
Palestine Liberation Organization (PLO), won international recognition for the PLO. Through
tactical victories and political achievements, each of their organizations demonstrated how a
series of terrorist acts can propel to world attention long-standing causes and grievances.

At the same time, for every terrorist success, there are the countless failures. Most terrorist
groups never achieve any of their aims—either short-term or long-term. The life span of most
modern terrorist groups underscores this failure. According to one estimate, the life expectancy
of at least 90 percent of terrorist organizations is less than a year, and nearly half of the
organizations that make it that far cease to exist within a decade of their founding.

Terrorism is designed to threaten the personal safety of its target audience. It can tear apart the
social fabric of a country by destroying business and cultural life and the mutual trust upon
which society is based. Uncertainty about where and when the next terrorist attack will occur
generates a fear that terrorism experts call ―vicarious victimization.‖ A common response to this
fear is the refusal to visit shopping malls; attend sporting events; go to the theater, movies, or
concerts; or travel, either abroad or within one‘s own country.

The public's perception of personal risk, however, often does not dovetail with the observable
dimensions of the terrorist threat. Even though the United States was the country most frequently
targeted by terrorists from 1968 to 2000, fewer than 1,000 Americans were killed by terrorists,
either in the United States or abroad, during that 32-year period, according to figures tabulated
by the U.S. State Department and the Federal Bureau of Investigation. Although more than three
times that number was killed on September 11, 2001, the fact remains that the perception of the
terrorist threat far outweighs the likelihood of being the victim of a terrorist attack. Nonetheless,

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terrorism‘s ability to engender so acute sense of fear and unease is a measure of its impact on our
daily life.

6.3. Environmental Challenges

Though the environmental challenges on human life goes back as long as the existence of man on earth,
the response towards the problem has cropped up of late only in the decades of 20th century.
Environmental problems led to the world's first environmental conference in 1972 in Stockholm. The
most significant product of the conference was the creation of the UN Environmental Program UNEP,
which was to act as midwife to safeguard the global environment. Some of the major global strategies in
dealing with these problems are contained in the multilateral environmental agreements such as ozone
depletion, global warming and desertification. The big progress is that states have come to a recognition
that they have to act more collaboratively at the international level in order to search for effective
solutions to environmental problems.

It should be mentioned here that the development of a sense of shared vulnerability to environmental
threats on the part of states and the catalytic and coordinative role of United Nations Environmental
Program (UNEP), however, has faced a number of debilitative responses from the states. The shared
vulnerability is due to the fact that the problem brought about in view of sheer neglection to the
environment by the states-whether belonging to the Northern hemisphere or the Southern hemisphere-has
a drastic impact on all states all over the world. This is due to the fact that states respond to continuing
environmental challenges based upon their national interests.

Consequently, insufficient contributions by governments to environmental fund, insufficient authority and

legitimacy of UNEP, collective disintegration and other factors in general have sadly produced a
desperate impact on UNEP in addressing sufficiently the continuously deteriorating global environment.

6.4. Corruption

The New Webster's Dictionary of the English Language International Edition (1995:219) has several
definitions of the word corruption. These meanings comprise the following: "corruption is the state of
being or becoming decayed, a spoiling, deteriorating, the corruption of taste by cheap journalism corrupt
practices perversion, moral decay, a corrupting influence, a debased form of a word".

"Corrupt practice" "perversion" "moral decay" and a "corrupting influence" are all part of the negative
effects which corruption has on any society where widespread corruption is practiced. There can be no
doubt that a process; phenomenon or institution that suffers from corrupting influences is likely to

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become decayed or to fall into a state of decay or perversion. Thus all the meanings given to the word
corruption have some relevance in any discussion of economic and political corruption.

Corruption is the abuse of public institutions for private gain. Corruption is detrimental to both the
economic and the political well-being of countries. Corruption increases inequality by harming the poor
and benefiting the few with access to the powerful. Corruption occurs not only at a national level but also
at the international level. International corruption is committed by individuals, multinational companies,
governmental and non-governmental institutions; especially, through the inappropriate use of foreign aid
and investment. Different government leaders are also sometimes involved in such acts and save their
illegal money in major banks outside of their country.

6.5. International migration

Increasing flows of people across national borders are both a contributor to and a consequence of a more
interconnected world. Usually migration takes place from economically poor countries into relatively rich
countries or from politically unstable countries into politically stable countries.

Although, the largest economic gains from immigration accrue to the immigrants themselves, the
international migration of labor can also benefit both the countries receiving immigrants and the countries
sending them, and that on balance it boosts world income and reduces poverty. In the receiving countries,
migrants can fill labor shortages in certain industries. In the sending countries, they can help ease
unemployment and other social pressures while increasing financial inflows, in the form of remittances
from migrants to their families back home. Remittances also help level out the distribution of income both
within and across countries.

Migration is not without its costs, actually. For the migrants themselves, the journey itself and the search
for fair employment and humane treatment in the host country can be arduous and risky. The host country
government may bear added costs to assimilate the migrants, and wages for some native workers may fall.
The home country may suffer a loss of valuable skilled workers.

Forces Shaping Today’s Global Issues

The evolution of global issues in the coming years will be shaped by many factors. The forces driving
these issues, the consequences thereof, and the appropriate solutions vary from issue to issue but certain
broad forces are common to many of them. These include:

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1. Demography (the number of world population is increasing from time to time which has both
positive and negative ramifications)
2. Growth of the global economy (the world economy is increasing while world resources are
decreasing. This has too positive and negative consequences)
3. Scientific and technological innovations (different innovations like nuclear weapon can positively
and negatively affect those global issues)
4. Increasing interconnectedness and interdependence (global interdependence or
globalization have positive and negative consequences)
5. Global advocacy (civil societies and advocacy groups also shape those global issues)

How are Today’s Global Issues being addressed?

Unless those global issues are properly addressed, they will have, interalia, economic, health, security,
and environment related consequences. It is known that there is no world government to address these
global issues. They are being addressed through collective action by efforts of world countries, different
institutions and individuals. This collective action is expressed in the form of:

1. International agreements signed by both industrial and developing countries

2. International Law
3. Declarations signed by participants at international conferences
4. Actions of the G-8, G-20, G-77 and other such groupings.
5. Civil society campaigns and associations
6. Global partnerships
7. Global governance institutions like IMF and WB

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